9013/2018 Const. P. Raja Naved Khaskheli (Petitioner) V/S Province of Sindh & Others (Respondent)

Sindh High Court2020

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

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9013/2018 Const. P. Raja Naved Khaskheli (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: 12-FEB-20 Petitioner claims to have been appointed on 22.11.2011 as Police Constable in Sindh Police department and has been performing his duties at different police stations and due to involvement of his uncle in departmental proceedings, he has been deprived of his salary which has not been paid to him since September, 2018---Reverting to the claim of the petitioner that he was legally appointed and the Honble Supreme Court has not given any observation against him, therefore the Respondents cannot stop his salary as he is still working on his post, suffice to say that the petitioner is Civil Servant therefore, the forum chosen by him by invoking the Constitutional Jurisdiction of this Court under Article 199 of the Constitution is not proper under the law in view of the bar contained in Article 212 of the Constitution. Since the expression terms and conditions includes salary and the Sindh Services Tribunal has jurisdiction to decide such issue and the validity of the impugned action, this petition is not maintainable.
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