2017 PLP (C (PLC(CS))

ABDUL MAALIK GADDI, J.

Through this Constitutional petition, the petitioner has prayed as under: (a) That, this Honourable Court may be pleased to direct the respondents to restore and confirm the job of the petitioner as Chowkidar/Peon with all services back benefits with retrospective effect.

2. It is the case of petitioner that in the year 1982 he was appointed as Cook in grade-1 in CMCH, Larkana, against leave vacancy of one Gulab Gopang on temporary basis by respondent No.1. He was again appointed as chowkidar for specific period from 24.11.1984 to 07.10.1985 against the leave vacancy of Zulfiqar Ali Tunio. The petitioner then moved application to the then Medical Superintendent, CMC Hospital, Larkana on 03.7.1984 for the post of Chowkidar/Peon along with covering letter, but his request was not accepted.

3. Learned Counsel for the petitioner while arguing this petition reiterated the facts and grounds mentioned in the petition.

4. We have heard learned Counsel for the petitioner at length and perused the record.

5. From the perusal of record it appears that earlier the petitioner had also filed a petition seeking the same relief being C.P. No.D-759/2013, which was disposed of by this Court vide order dated 26-8-2014, which reads as under:

"The record reflects that the petitioner was working on temporary basis, as the original Cook, namely, Gulab was on leave. It appears that in the year 1985 Gulab reported back and the services of the petitioner were terminated. The record further reflects that his appointment was only to the effect that as soon as the original Cook reports back, the services of the petitioner will be relieved. Previously, he was also working up to 07.2.1985 in place of Zulfiqar Ali Tunio, who was also on leave. However, when these regular employees reported back, the services of the petitioner were terminated and it was a condition precedent as far as his working as a Cook is concerned. Apparently, this petition suffers from laches as the services were terminated in the year 1985, however, since the Counsel for the petitioners is not in attendance, it appears that the petitioner has lost interest in the proceedings. Accordingly, the petition is dismissed for non-prosecution."

6. The petitioner has filed this second petition merely on the ground that the brother-in-law of one federal minister and brother of a provincial minister, who were also temporary employees, were restored in service after lapse of sixteen years and in this regard he has placed on record a news item published in Sindhi newspaper daily "KAWISH" Hyderabad, dated 19.12.2012.

7. It is admitted position on record that similar petition filed by the petitioner was already dismissed by this Court vide order dated 26.8.2014, thus the same cannot be maintained again only on the basis of a news item. Moreover, since the petitioner was appointed on leave vacancy basis for a particular period, therefore, he cannot claim restoration as a right. This petition, on the face of it, appears to be misconceived and not maintainable, which is accordingly dismissed in limine along with listed applications.

8. This petition was dismissed by us in the early part of the day by short order and these are the reasons for the same. ZC/S-21/Sindh Petition dismissed.