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2010 MLD 420

Mst. NADIRA IZHAR vs PROVINCE OF SINDH through Provincial Secretary

Citation2010 MLD 420
CourtSindh High Court
Case No.Constitutional Petition No, D-288 of 2007
Date2009-12-02
Judge(s)Mushir Alam, Aqeel Ahmed Abbasi
ResultPetition dismissed

ORDER

1. Petitioner claims to be an employee of KPT. According to the petitioner, she is entitled to the membership of respondent No,2 Society by virtue of her employment being an officer in KPT. It is stated by learned counsel for petitioner that since respondent No,2 inducted non-employees as a member, therefore, her seniority in the membership is affected and she is rendered ineligible to get any plot in the society. Learned counsel submits that petitioner is aggrieved by an order, dated 15- 10-2005 passed in Appeal No,26 of 2004 by the Minister for Finance and Cooperation in the matter of Doctors Yasmin Haider ,Ind Lubna Rizvi v. Karachi Port Trust Officer Cooperative Housing Society Ltd. And another, wherein the Minister has made certain observations as to the amendment in bye- laws of respondent No,2 whereby making provision to induct non-employees of the KPT as members of the society. Such observation is coming in her way. When the learned counsel was confronted as to whether the petitioner is an employee in the KPT or not, he replied in the affirmative. Therefore, in our opinion, such observation does not come in her way if otherwise she qualifies to be a member of society. As far as eligibility to earn a plot is concerned, the matter is to be decided by the society under its bye-laws. Accordingly, we are not convinced that the petitioner can invoke writ jurisdiction to seek her entitlement either as a member of the society or to earn eligibility to acquire a plot in the society. Such rights, if any, could be agitated before the proper forum and not in exercise of extraordinary writ jurisdiction. This petition does not merit consideration which is accordingly dismissed along with pending application, if any.

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