Herlal and others (Petitioner) VS Govt of Sindh and others (Respondent)

Order Sheet

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

CP No. D- 1757 of 2012

DATE ORDER WITH SIGNATURE OF JUDGE

For orders on MA 6281/21 For hearing of MA 2302/19

Mr. Parkash Kumar, Advocate for Petitioner Mr. Allah Bachayo Soomro, Addl.A.G.

This petition was disposed of vide order dated 22.11.2017 with observation that as soon as the SNE is approved the petitioners shall be considered for regularization of their service; however, it was made clear that no adverse action would be taken against the petitioners and they would be paid their salaries accordingly.

Today Secretary Sports & Youth Affairs Department, Government of Sindh is present in court and has filed statement which is taken on record. An excerpt whereof is reproduced as under:-

“ It is respectfully submitted that Rules of “The Sindh Sports Board Ordinance and Act, 1980” are under preparation and required some time for finalization.

The matter of regularization of these employees will be placed before the Board for consideration only after framing and approval of Rules.”

At this juncture learned counsel for the petitioners has raised his voice of concern to the extent that the order passed by this court has not been complied with in its letter and spirit and some of the petitioners have been suspended without any rhyme and reason; even their salaries have been stopped. He further added that the respondents have invited application for appointment to the post of BPS-1 to BPS-4 on regular basis; however, they are reluctant to regularize the services of the petitioners which is discriminatory attitude on their part. To this, the Secretary present states that the concerned petitioners have committed misconduct, therefore, they have been placed under suspension; however, he undertakes that the salary issue of the petitioners has already been resolved and there is nothing left on their part to be complied with. At this stage, learned counsel submitted that eight outside candidates have been appointed on different posts including junior clerk in BPS-11 in violation of the order of this court and the petitioners

have been left in the lurch, hence they are liable to be proceeded as per contempt law.

We have heard the learned counsel for the parties and perused the contempt application and compliance report submitted today. Prima facie the compliance has been made in its letter and spirit; however, if the petitioners are still aggrieved they may avail their remedy in accordance with law.

Contempt application stands disposed of in the above terms.

JUDGE

JUDGE

karar_hussain/PS*