ORDER
SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
C.P
No.D-1133 of 2010
For katcha Peshi.
Along with C.P No.D-1151, of 2010, 87, 195, 573, 834, 997, 1329, 1352, 1479,
2382, 2636, 3447 of 2011, 262, 372, 690, 703, 1150, 1333, 1530, 1879,,
2230, 2304, 2936, 3280,3555, 3587, of
2012, 172, 424, 574, 587, 617, 768, 781, 792, 794, 894, 935, 989,
1194,1201, 1237,1696, 1851, 2014, 2523, 2601,3381,3482 of 2013, 06, 272, 701, 737, 1124, 1428,2273, 2274, 2296,
2520, 2533, 2534,2598,2599, 2651, 2947, 2951,3020, 3163, 3326, 3659, 3688, 3771,
3820 of 2014, 77,102, 376,
504, 505,547, 748, 1029, 1073, 1249, 2179, 4850 of 2015.
For hearing of
Contempt applications.
925 of 2007, 1289,1304, 1337 of 2009, 14, 308, 325, 371, 394, 498, 535,544, 545,
581, 595, 700, 744 1063, 1483, 1744, 2181, 2615, of 2010, 224, 357, 475, 477, 561, 626, 798, 887, 991,1215,
1310, 1499, 2674 of 2011, 461,
1594, 2115, 2474, 2593 and 3259 of
2012.
23-02-2016.
M/S Qurban Ali Malano, Amanullah Shaikh, Ghulam Shabbir Shar, Hadi Bux
Bhatt, Haji Shamsuddin Rajper,
Muhammad Hamzo Buriro, Shamsuddin Kobhar, Zulifqar Ali Naich,Zulifqar Ali Sangi, Sohail Ahmed Khoso, Manoj Kumar Tejwani, Dareshani Ali Hyder ‘Ada’, Achar Khan Gabole, Illahi Bakhsh Jamali, Iftikhar Ali Arain, Nisar Ahmed Bhanbhro, Imdad Ali
Malik, Sikandar Ali Junejo,
Manzoor Ali Chohan, Shahid Ali Memon, Aijaz Ali Jarwar, Abdul Naeem Pirzado, Zaffar Ali Eidan Mangi, Riaz Ali Shaikh, Pervez Ahmed Lanjar, Mansoor Hussain Maitlo Advocates
for petitioners.
Mr.Liaquat
Ali Shar Additional Advocate General.
Mr.Shafique Ahmed Leghari, State Counsel.
.
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 Naib Qasids/Chowkidars
in Govt. Primary Schools and the Revenue Department, Government of Sindh, on
the basis of plot donation Policy. In some of the cases, the petitioners submit
that their petitions were allowed, however, since the orders passed by this
Court, have not been complied with, therefore, the petitioners have filed
contempt applications for enforcement of the orders already passed by this Court
in their petitions.
Mr. Liaqat
Ali Shar, the learned Additional 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 Additional Advocate
General Sindh that this Court has also dismissed similar petition i.e CPD-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 Addl.A.G has placed on record the copy of order dated
09.11.2015 passed by Hon’ble Supreme Court as well as
copy of order dated 03.02.2016 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 applicants in the
above matters do not controvert the same and submitted that above petitions and
contempt applications may be dismissed
in similar terms, however, it has been submitted that disposal of instant
petitions and applications 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 Addl.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 Rajper etc, all the above
petitions are dismissed in limine along with listed applications, including the
applications 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 Naib Qasid/ 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.
J U D G E
`
Irfan/PA J U D G E