8536/2018 Const. P. Riffat John (Petitioner) V/S Province of Sindh & Others (Respondent)

8536/2018 Const. P. Riffat John (Petitioner) V/S Province of Sindh & Others (Respondent) Sindh High Court

Bench: Hon'ble Senior Pusine Mr. Justice Nadeem Akhtar, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 26-FEB-20

Petitioner has approached this Court for regularization of her service as Staff Nurse (BPS-16) in Health Department, Government of Sindh--In our view, the Sindh Government may have the right to appoint bona fide residents of Province of Sindh, denial of such right to residents of other provinces is protected as discussed in the preceding paragraph. It is also established principle in service jurisprudence that the domicile declared by a Government servant and accepted by Government at the time of entry into Government service is treated as final throughout his service career and no subsequent change in his domicile is recognized for service purposes. However, if a person lives in a particular province or district and decides to shift to another province to be a permanent residence there, then it will not affect the status of his/her domicile; however, his/her former PRC will be cancelled. But in the present case we have seen that petitioner deliberately obtained domicile of District East, Karachi, after an objection was raised by the respondents with regard to her domicile of Punjab. This being the position of the case, this petition merits no consideration, which is accordingly dismissed along with pending application(s) with no order as to costs.