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