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2006 PLC (C.S.) 9

Mrs. HINA KHANUM vs GOVERNMENT OF SINDH through Secretary Education

Citation2006 PLC (C.S.) 9
CourtSindh High Court
Case No.Constitution petition No,D-861 of 2004
Date2004-12-23
Judge(s)Sarmad Jalal Osmany, Amir Hani Muslim
ResultOrder accordingly

ORDER

1. ' SARMAD JALAL OSMANY, J.---Today Mr. Manzoor Ahmed, Advocate has filed a copy of letter dated 22-12-2004 whereby the petitioner has been intimated that since she was temporarily appointed against a leave vacancy for a period of three (3) months from 5-11-1998 to 31-12-1998 her said appointment automatically came to end after expiry of such period. A copy of this letter has been handed over today to learned counsel for the petitioner.

2. ' We have perused the letter filed today in Court and we regret to note that it purports to be in pursuance of this Court's order dated 15-12-2004 as on that date we had passed no such order. On such date we had only directed the Education Department to take action in accordance with law insofar as the petitioner's services were concerned. Consequently the words "in pursuance of the Court's order dated 15-12-2004" shall not be deemed to form part of the letter served upon the petitioner today dated 22-12-2004.

3. ' Mr. Ali Nawaz Memon, Advocate for the petitioner had submitted that it has taken six long years for the Education Department to make up its mind as regards the petitioner's terms and conditions of service since this was for the first time that the petitioner was served with such letter of termination of her service. He prays that in the circumstance of the case as admittedly the petitioner was serving the Education Department during all these years as it is not disputed as per the statement of the Headmaster of the School this petition be allowed.

4. ' We have heard the learned counsel. In our opinion now due to the stand taken by the Education Department, the matter concerns the terms and conditions of the petitioner's service which is exclusively the domain of the Sindh Service Tribunal and our jurisdiction is barred under the Constitution. In the circumstances we would direct the petitioner to approach the Sindh Service Tribunal for her grievance. Upon such petition being filed with the learned Tribunal in the circumstances of the case it is expected that such petition would be disposed of as soon as possible.

5. ' Insofar as the allegations levelled by the petitioner against Muhammad Hussain, Incharge Litigation Branch we do not propose to take any action against him in view of the statements recorded by us in Court. The petition stands disposed of along with all pending applications.

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