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Petitioner: Sajid Ali Dharejo VS Respondent: Province of Sindh and others
Court Name: Sindh High Court Judge(s): Muhammad Junaid Ghaffar, Zulfiqar Ali Sangi Title: Sajid Ali Dharejo vs Province of Sindh and others Case No.: C. P. No. D - 1414 of 2021, C. P. No. D - 1442 of 2021, C. P. No. D - 1443 of 2021 Date of Judgment:2021-12-21 Reported As: 2021 SHC 1340 Result: Accordingly dismissed
Judgment ORDER Muhammad Junaid Ghaf far, J. - Through all these Petitions, the Petitioners seek release of previous salaries from the date of their appointment till today . 2. Though notices were ordered, but Counsel for the Petitioners was confronted as to the office objection as well as maintainability of these Petitions. Today , learned AAG has raised an objection that firstly , the Petitioners are Civil Servants and can only approach the Service Tribunal; whereas Petitioners are seeking salaries starting from their appointment in the year 201 1, hence, the petition is hit by laches. 3. Petitioners' Counsel has been confronted; however , he has not been able to satisfactorily respond. It further appears that while filing these Petitions, the Petitioners had relied upon some order dated 28.01.2021, passed in C.P.No.D-1572 of 2020, wherein salaries of the Petitioners therein were ordered to be released; however , on perusal of the same, it appears that it has no nexus with the Petitioners' case as in that case, it was a specific period for which the salaries were unpaid; whereas, those Petitioners had been paid salaries regularly , including their current salaries. Insofar as, these Petitions are concerned, there is nothing available on record as to what salaries were paid and what are unpaid. In fact they are claiming arrears of salaries since appointment, which pertains to years 2011 to 2013. In that case, these Petitions are badly hit by laches and no justifiable cause has been stated in the memo of Petitions as to why this Court has been approached after so much delay . Moreover , in the comments of the respondents it has been stated that the appointment orders relied upon by the petitioners are fake and bogus. 4. In view of such position, all these Petitions appear to be misconceived and not maintainable; hence same stand dismissed accordingly with pending applications. Office shall place copy of this order in all connected petitions.