Shahnawaz Malik (Petitioner) VS P.O Sindh & Others (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Constitution Petition No. D-343 of 2023

( Shahnawaz Malik Vs. Province of Sindh & others)

DATE OF HEARING ORDER WITH SIGNATURE OF JUDGE

Before;

Adnan-ul-Karim Memon, J;

Muhammad Abdur Rahman, J;

Date of hearing and order: 29-05-2024.

Mr. Shahzado Dreho, advocate for the petitioner.

Mr. Ghulam Abbas Kubar, Assistant A.G, Sindh along with Hafeezullah XEN PHE Division Sukkur.

O R D E R.

Adnan-ul-Karim Memon J:- The Petitioner Shahnawaz Malik seeking direction to the Respondents to release his unpaid salaries/arrears of the period, he worked for the department, which has been stopped without reason. This matter needs to be resolved by the head of the respondent- department. But due to his reluctance, cases of like nature are piling up before this Court. Chief Secretary Sindh shall take stock of this factum and resolve the issue at his end without fail.

2.Upon, query by this Court from the learned AAG and official respondent present in Court as to why the unpaid salaries of the Petitioner has been stopped. Learned AAG has stated that due to paucity of funds, the outstanding salaries could not be paid and as and when the funds are available, the same shall be paid to the petitioner. Learned AAG further submitted that the subject scheme has already been handed over to the concerned councils as the petitioner was engaged on daily wages/work charge at Bachal Shah Miani Drainage Scheme till 2022. Be that as it may,

we are only concerned with the resolution of the matter between the parties under the law by the administrative head of the department in the first instances.

We direct the Chief Secretary, Sindh to constitute a Committee headed by the administrative head of the concerned Department, to conduct an inquiry into the extent as to why the unpaid salaries of the petitioner/ arrears if any, have been withheld, after providing ample opportunity of hearing to the Petitioner and fix responsibility in the matter and take action against the delinquent officials strictly under law and submit a report to this Court through Additional Registrar of this Court, within two weeks, from the date of receipt of this order.

8.The petition stand disposed of in the above terms.

Judge Judge

Nasim/P.A