1. ' ANWAR ZAHEER JAMALI, J.---Heard Learned counsel.
2. ' Perusal of case record reveals that this petition was finally disposed of vide order dated 4-5-2006 reads thus:-- "4.5-2006, ' Mr. Abrar Bukhari, Advocate for petitioner.
3. ' Mr. Muhammad Qasim Mirjat, A.A.G.
4. ' Mr. Mumtaz ur Rehman Secretary Province of. Sindh, Co-operative Department.
5. ' Mr. Jalaluddin Langah, Registrar, Co-operative Housing Society, Sindh.
6. ' Mr. Mumtaz-ur-Rehman admits that the petitioner could not be required to furnish the missing A.C.Rs and an inquiry into disappearance of ACRS has already been ordered through a Committee headed by Mr. Langah, however, in view of the consideration that petitioner could not be punished for faults of others, he undertakes that the petitioner's record of service premised on the basis of available A.C.Rs will be forwarded to the appropriate Selection Board, which will consider his fitness for promotion. Petition stands disposed of.
7. (Sd.)
8. Chief Justice.
9. (Sd.) Judge"
10. ' Subsequently, from time to time, the petitioner was compelled to move Miscellaneous Application in this Petition in order to show the non-compliance of order dated 4-5-2006 passed by this Court in its letter and spirit. On such miscellaneous applications orders dated 19-9-2006, 13-12-2006 and 6-7-2007 were passed. In this background on 9-1-2009 reply of one miscellaneous application has been submitted on behalf of respondents, which is accompanied with the notification dated 15th November, 2008, which reads as under:-- ' Karachi dated the 15th November, 2008.
11. NOTIFICATION ' On the recommendation of the Provincial Selection Board No,II and with the approval of the competent authority, Mr. Nasimul Haq Malik, an officer of Cooperation Department is prompted from BS-18 to BS-19 to the post of Managing Director (BS-19), Sindh Cooperative Housing Society with immediate effect on regular basis.
(2) On promotion to BS-19 Mr. Nasimul Haq Malik, an officer of Cooperation Department, Deputy Registrar, Cooperative Societies (Audit), Karachi is transferred and posted with immediate effect and until further orders as joint Registrar, Cooperative Societies (BS-19) Hyderabad, vice Mr. Kausar Naseem Qureshi proceeded on medical Grounds.
12. ' Chief Secretary. Government of Sindh ' No,SOI (SGA & CD)-2/14-2006 (F&C-06) Karachi dated 15th November, 2008."
13. ' Bare reading of this notification reveals that ultimately compliance of order dated 4-5-2006 has been made but after a delay of over 2-1/2 years. From the contents of C.M.A. No,9285/08, it seems that further grievance of the petitioner is that he was entitled for such promotion in BS-19 against the existing vacant post since the year 1994 and consequential back benefits, but he was deprived for no fault on his part. His further grievance seems to be that he has been victimized by respondents due to the reason that he has been agitating his genuine grievance against them.
14. ' Be that as it may, since this petition has been finally disposed of and eventually compliance of such order has also been made on issuance of Notification dated 15th November, 2008, we cannot examine these aspects of the case while entertaining miscellaneous application in a disposed of petition. Being conscious of this position, we dispose of the pending applications with the observation that it will be open for the petitioner to agitate his further grievances in the matter by way of filing a fresh Constitutional petition or availing any other remedy before a forum, where proper opportunity will be available for the respondents to defend their case against the claim of the petitioner as, inter alia, highlighted above.