Manthar Ali Zardari and Others (Petitioner) VS Province of Sindh & Others (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No. D-8015 of 2022 [Manthar Ali Zardari and others V. Province of Sindh and others] Date Order with signature of Judge(s)

Before:

Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi

1.For order on office objection.

2.For hearing of CMA No.33969/2022.

3.For hearing of main case.

Date of hearing and Order: 08.04.2026

Mr. Ali Asadullah Bullo, Advocate for the Petitioners.

Mr. Abdul Jaleel Zubedi, A.A.G.

ORDER

Adnan-ul-Karim Memon, J. – The petitioners have filed the instant Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, seeking, inter alia, the setting aside of the impugned orders dated 22.11.2021 and earlier termination orders dated 10.10.2016 and 04.10.2017, along with their reinstatement in service with all consequential benefits and seniority. They further seek the same relief as granted by this Court in connected petitions, including C.P. No. D-75 of 2021.

2.Learned counsel for the petitioners submits that the petitioners were appointed in August 2013 to the posts of Municipal Officer/Chief Officer (BS-17) and Town Officer/Chief Officer (BS-16) in the Sindh Councils Unified Grade (Administration Branch) after due process. Their services were subsequently terminated on the allegation that their names did not appear in the list of selected candidates and that their appointment letters were forged. It is contended that the matter has already been considered by the Supreme Court in Civil Petition No. 3440/2017 and in C.P. Nos. 583 to 587-K/2017, pursuant to which similarly placed employees were reinstated. Reliance is also placed on the judgment of this Court in C.P. No. D-75 of 2021, wherein the matter was remitted to the competent authority for reconsideration in light of the recommendations of the Scrutiny Committee.

3.Conversely, the learned Assistant Attorney General opposes the petition, contending that the appointment orders of the petitioners are forged and, therefore, they are not entitled to the claimed relief as their earlier case has already been rejected by this Court.

4.Be that as it may, considering the controversy involved and without expressing any opinion on the merits of the case, we deem it appropriate to remit the matter to the Chief Secretary, Sindh. The Chief Secretary shall examine all aspects of the case, particularly the legality and genuineness of the petitioners’ appointment orders, after providing an opportunity of hearing to the petitioners and all concerned parties. A reasoned decision shall be made strictly in accordance with law and in the light of the judgments of the Supreme Court and this Court in C.P. No. D-75 of 2021, within a period of one (01) month from the date of receipt of this order.

5.Accordingly, the instant petition stands disposed of, along with all pending applications, in the above terms.

A copy of this order be communicated to the Chief Secretary, Sindh, for compliance.

JUDGE

JUDGE

Ayaz Gul