Syed Imdad Ali Shah (Petitioner) VS P.O Sindh & others (Respondent)

Judgment Sheet

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

CP No. D- 2155 of 2018

BEFORE :

Mr. Justice Adnan-ul-Karim Memon Mr. Justice Adnan Iqbal Chaudhry Date of hearing & decision: 03.11.2021

Petitioner: Syed Imdad Ali Shah through Mr. Babar Ali Mirani, Advocate.

Mr. Ayaz Ali Rajpar, Asstt: A.G.

ORDER

ADNAN-UL-KARIM MEMON, J:- Through this petition, the petitioner has prayed as under:-

a. To direct the respondents to immediately release the salary of the petitioner from the date of his appointment i.e. 25.05.2012, as due to non-payment of salaries, the petitioner is facing financial crises and great hardship.

b. To declare the acts of respondents for issuing salaries of the petitioner from the date of his appointment i.e. 25.05.2012 are illegal, void, ab-initio and without lawful authority and justification.

2.The case of the petitioner is that he is Beldar BPS-1 at Akramwah Division Badin and despite clear directions / letters by the high ups of Irrigation Department as well as Finance Department the District Accounts Officer is not issuing him salary, hence he has filed the instant petition with the above prayer.

3.We have heard learned counsel for the petitioner on the subject issue of disbursement of his salary since his initial appointment in 2012 and perused the material available on record and the case law cited at bar.

4.At the outset we asked the learned counsel to satisfy this court about the maintainability of the instant petition, on the premise that he never received his salary with effect from his purported joining as Beldar in the office of Left Bank Canals Area Water Board Badin. He

has no answer but to say this is a hardship case, and direction may be issued to the concerned official to disburse his salary under law.

5.We are not satisfied with this assertion and dispose of this petition with a direction to the official respondents to look into the matter of the petitioner if he is still on the job his issue of salary is to be decided under the law within two weeks positively.

6.This petition stands disposed of in the above terms with no order as to costs.

JUDGE

JUDGE

Karar_hussain/PS*