ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Constt: Petition No.D-         552     of 2010

Constt: Petition No.D-         05        of 2013

Constt: Petition No.D-         2180   of 2015.

 

For KatchaPeshi.

 

Constt: Petition No.D-         15        of 2010

For hearing of contempt application.

 

29th. February, 2016.

 

M/s  Qurban Ali Malano, Sohail Ahmed Khoso&

RizwanaJabeenSiddiqui, Advocates for petitioners.

 

M/s ShahryarImdadAwan, Asstt; A.G &Shafique Ahmed Leghari, State Counsel.

 

Mr. Shabbir Ahmed Siyal, Advocate is holding brief on behalf of Mr. AlamSherBozdar, Advocate for petitioner in C.P.No.D-05/2013.

 

                        Since a common controversy is involved in all the above petitions, therefore, the matters are being disposed of through common order with the consent of all present.

 

                        Through above petitions, petitioners have sought their appointment as NaibQasids/Chowkidars in Government Primary Schools, Irrigation Department, Government of Sindh, on the basis of plot donation Policy. In C.P.No.D-15 of 2010 the petitioner submitted that his petition was allowed, however, since the order passed by this Court, has not been complied with, therefore, the petitioner has filed contempt application for enforcement of the order already passed by this Court in his petition.

 

                        Mr. ShahryarImdadAwan, the learned Assistant Advocate General Sindh, at the very outset submits that the subject controversy has already been decided by the Hon’ble Supreme Court of Pakistan in Civil Appeals Nos. 19-K to 50-K of 2015 Re: Government of Sindh & others Versus Loung Khan Rajper and others  vide order dated 09.11.2015, wherein, order(s) passed by this Court have been set aside, and it has been categorically held that such appointments cannot be allowed on the basis of purported Plot donation policy. It has been further submitted by learned Assistant Advocate General Sindh that this Court has also dismissed similar petition i.eC.P.No.D- 4663 of 2015 re: Naseer Ahmed versus Govt. of Sindh and others, by respectfully following the Judgment of Honourable Supreme Court of Pakistan as referred to hereinabove. Learned Asstt: A.G has placed on record copy of order dated 09.11.2015 passed by Hon’ble Supreme Court as well as copy of order dated 03.2.2016 passed by this Court in the above referred cases, whereas, copy  supplied to learned counsel for petitioners.

 

                        While confronted with such factual and legal position, learned counsel for the petitioners and applicant in the above matters do not controvert the same and submitted that above petitions and contempt application may be dismissed in similar terms, however, it has been submitted that disposal of instant petitions and application in the above terms may not adversely affect the right of the petitioners or the owners of plots to claim  compensation/mesne profit etc, as such land(s)  was donated to the Govt. of Sindh without any compensation, for the purposes of establishing schools pursuant to plot donation Policy. Such submission of learned counsel for the petitioners has been seriously controverted by the learned Asstt: A.G, who submitted that it is not the subject matter of the instant petitions,nor such plea was taken by the petitioners before Hon’ble Supreme Court in the above Civil Appeals.

 

                        Accordingly, by respectfully following the decision of Hon’ble Supreme Court of Pakistan on the subject controversy in the above said Civil Appeals Nos. 19-K to 50-K of 2015 re: Govt. of Sindh Versus Loung Khan Rajperetc, all the above petitions are dismissed in limine along with listed applications, including the application filed for contempt of Court in the above matters. However, petitioners will be at liberty to approach the concerned respondents for their appointments on merits, as dismissal of instant petitions would not adversely affect their entitlement to be appointed of NaibQasid/ Chowkidar as per law/rules. As regards contention of learned counsel for petitioners relating to the fate of such plots, which according to petitioners, were donated to the government of Sindh pursuant to some policy decision, the petitioners may be at liberty to approach the concerned department of Govt. of Sindh or any other relevant forum or competent Court of jurisdiction, for seeking compensation/ mesne profit, if permissible in law, however, subject to decision of Hon’ble Supreme Court of Pakistan in the above referred civil appeals.

 

JUDGE

JUDGE

 

A.R.BROHI