IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C.P. No.D-2647 of 2011.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

For Hearing of M.A.No.2680/2016.

01.02.2017.

Mr. Habibullah G. Ghouri, advocate for the petitioner.

Mr. Naimtullah Bhurgari, State Counsel.

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The petitioner is aggrieved by the fact that order dated 28.08.2014, whereby 60 days time was given to the respondents in the following terms has not been implemented :

“We heard learned counsel from both sides. Counsel from both sides unanimously agreed for disposal of all these petitions with the direction that the concerned District Recruitment Committee shall follow the procedure laid down in the Recruitment policy dated 10.07.2008, and as interpreted in the case of Shabir Hussain and others v. E.D.O and others reported in 2012 CLC-16, and so also comply other findings given in the said judgment and prepare revised merit list within a period of (60) days from the date of this order. In doing so and while preparing revised list of the candidates/petitioners only those who would be considered eligible shall be re-listed and all appointments made contrary to this policy shall be nullified. Needless to mention that while nullifying the appointment of any candidate or petitioner reasonable notice of hearing shall be given to the candidate who would likely to be effected by such order. This exercise has already been ordered in terms of earlier judgment, and if not complied, shall be complied, with report to this Court through Additional Registrar.”

It is indeed very unfortunate that the petitioner has filed contempt application without approaching the respondents for implementation of the orders and without claiming what was the benefits which he was supposed to obtain under the aforesaid order. The petitioner has approached this Court without first approaching the contemnors and he has waited for two years and has filed contempt application in 2016. The issue was about the merit list under the policy dated 10^th July 2008. It was also mentioned in the above order as pointed out by the learned counsel that in case any one is affected, he will be entitled to a notice while preparing merit list. However, no notice was sent to them and therefore presumption is that nobody is affected by the merit list. The petitioner has not been able to show to this Court that he was affected and he was entitled to the notice. He has not approached the respondents to determine his merit in the list. Since there is no action on the part of the petitioner himself, after two years; non implementation of such order cannot be termed as disobedience of order by the respondents/contemnors. No case is made out for issuing contempt notice since after two years policy matter which have not been implemented must have been changed time and again.

With the above observation this contempt application stands disposed of.

Judge