Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Official Citation: 2024 SHC 348
Court / Jurisdiction: Sindh High Court
Year of Decision: 2024
Decision Date: 2024-04-25
Parties: Abdul Ghafoor Jagirani vs Province of Sindh & others
Ruling Summary: This decision was rendered by the Sindh High Court on 2024-04-25, officially reported as 2024 SHC 348. In this matter between Abdul Ghafoor Jagirani and Province of Sindh & others, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
Case cited as 2024SHC348
Court Name: Sindh High Court Judge(s): Adnan-ul-Karim Memon, Muhammad Abdur Rahman Title: Abdul Ghafoor Jagirani vs Province of Sindh & others Case No.: Constitution Petition No. D-2072 of 2018 Date of Judgment:2024-04-25 Reported As: 2024 SHC 348 Result: Petition Disposed of
Judgment
ORDER Adnan-ul-Karim Memon,J;- Petitioner Abdul Ghafoor Jagirani has filed this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, seeking direction to the respondent- Local Government Department Sukkur, Sangrar, and Kandhra for the release of his remaining salaries, purportedly withheld by them, on the premise that he was appointed as Coolie/Sanitary worker (BPS-01) in the Local Government Department and was posted at Union Council 30 Sangrar District Sukkur and after his transfer at Union Ccouncil 23 Kandhra, Taluka Rohri, District Sukkur, the same Union Council became Town and he was posted at Union Council 13 Wah Burira and he is posted there uptill now; however, his remaining salary of the intervening period has not been cleared, meanwhile his cadre was changed from Coolie to Chowkidar (BPS-01). According to the petitioner, he approached the competent authority for releasing his remaining salaries for the aforesaid period, which were not paid, finally his matter was referred to the 10-02- 2017 for resolving his grievance and the matter remained pending from one department to another department, compelling the petitioner to file the captioned petition for payment of his remaining amount of Rs. 1,06582/- from Union Council 30 and Rs. 2,39497/- from Union Council 23 now Union Council 13, he prayed for allowing the petition. Learned AAG as well as learned counsel representing respondent No. 4 have refuted the claim of the petitioner on the premise that they have paid the remaining salary to the petitioner through cheque No. 26919091 dated 09-07-2019 amounting to Rs. 106582/- and submit that it is for respondent No.5 to pay the remaining salary, for that Secretary Union Council 13 has filed a
---
## Page 2
statement to the effect that only Rs. 36000/- was outstanding against the Union Council No. 13 and the same had been paid to the petitioner and nothing is left to be paid to the petitioner. The aforesaid contentions have been disputed by the petitioner on the ground that nothing has been paid as pointed out by the respondents. Be that as it may, it seems to be a petty issue that needs to be resolved by the competent authority and the concerned Union Councils at their level, within 15 days; and if any amount is outstanding against the respondents or any other Union Council where the petitioner has served, the same shall be paid to the petitioner forthwith. This petition stands disposed of in the above terms.