HYDERABAD: Petition dismissed

Published May 22, 2004

HYDERABAD, May 21: A division bench of the Sindh High Court Hyderabad circuit on Thursday dismissed a petition of 34 sacked employees of the Hyderabad Civil Hospital and directed them to approach the Services Tribunal.

Additional advocate-general Masood A. Noorani argued that the court was barred under article 212 (2) of the Constitution from the hearing of the case and added that the petitioners should file their appeal before a competent authority. However, the petitioners' counsel contended that in the present case, the court could decide the suit as the medical superintendent's order was in violation of the judgement of the apex court.

He also pleaded that the case could be affected if the petitioners filed a departmental appeal and later approached the Services Tribunal in view of the limited appeal period.

The sacked employees had filed a joint constitutional petition before the court, seeking reinstatement of their services in the hospital.

They had claimed that they were appointed on completion of legal formalities but the MS terminated their services under the directives of the Sindh health minister. However, the health secretary and the MS defended the sacking on the ground that certain appointment formalities were not met.

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