1017/2017 Const. P. Muhammad Rashid and 93 others (Petitioner) V/S Province of Sindh & others (Respondent)
Bench: Hon'ble Mr. Justice Muhammad Iqbal Kalhoro, Senior Puisne Judge, Hon'ble Mr. Justice Adnan-ul-Karim Memon
1017/2017 Const. P. Muhammad Rashid and 93 others (Petitioner) V/S Province of Sindh & others (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Iqbal Kalhoro, Senior Puisne Judge, Hon'ble Mr. Justice Adnan-ul-Karim Memon Order Date: 26-APR-17
Petitioners have impugned the Notification whereby they have been relieved / repatriated to their parent department that is Karachi Development Authority. The reason assigned by the competent authority in the said impugned Notification is that the Honorable Supreme Court of Pakistan passed directives vide order dated 01.08.2016 on CMA No. 243/2016 in C.P No.108-K of 2014 to repatriate the officers/officials absorbed in Malir Development Authority to their parent department .In our view, once the Honble Supreme Court has passed order the terms that any official working on deputation or otherwise absorbed in the MDA shall immediately report back to his parent department this Court has no justification to take contrary view of the same. We are of the view that the only remedy available to the Petitioners is to approach the Honble Apex Court in Review and not this Court under Article 199 of the Constitution. Consequently ,both the Constitution Petitions merit no consideration and are dismissed with no order as to cost