1406/2024 Const. P. Manzoor Ahmed (Petitioner) V/S Province of Sindh & Others (Respondent)

1406/2024 Const. P. Manzoor Ahmed (Petitioner) V/S Province of Sindh & Others (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 09-MAY-25

Considering the rulings of the Supreme Court in the aforementioned cases, we are of the considered opinion that the sole legal avenue available to Respondent No. 6 is to file a Review Petition before the Apex Court itself. Resorting to the Islamabad High Court or any other departmental forum is not permissible under the law as in the present case respondent No.6 attempted to circumvent the orders of this Court as well as Supreme Court based on opinion of the learned Advocate General Sindh and department concerned and they ought to have laid off their hands rather they could have advised the respondent No.6 to approach the Supreme Court for which his earlier Review Petition was dismissed, as such the stance of the respondent No.3 and 6 is discarded subject to final review of the Supreme Court if approach by the respondent No.6. Consequently, his attempts to seek favor from the department are not only unlawful but also contradict the principles established by the Supreme Court. Prima facie, all actions taken by the respondent department to accommodate Respondent No. 6 appear to be inconsistent with the law and the Supreme Court's decisions and, therefore, are not endorsed by this court. He shall be repatriated to his parent department forthwith, however, his seniority issue shall be decided in accordance with the Supreme Court decision on the subject issue. As such this petition is disposed of in the above terms.