ORDER SHEET
IN
THE HIGH COURT OF SINDH, BENCH AT SUKKUR.
Constt:
Petition No.D- 3122 of 2013
DATE ORDER
WITH SIGNATURE OF HON’BLE JUDGE
FOR KATCHA
PESHI
19th. August, 2015.
Mr. Muhammad
Aslam Gadani, Advocate along with petitioner.
Mr. Shahryar Imdad Awan,
Asstt: A.G.
Through instant
petition, the petitioner has impugned the decision of District Recruitment
Committee, (Education) Department, Sukkur dated 08.6.2011 available at Page
No.39 at Annexure ‘E-1’ whereby the name of the petitioner namely Fateh
Muhammad Jatoi has not been considered for appointment to the post of PST in
UC-38 on the ground that all his testimonials including CNIC, PRC and Domicile
pertain to UC-13.
Learned Counsel for the
petitioner submits that the petitioner is resident of UC-38 whereas he was
shifted in UC-13 for a short period on temporary basis on account of threats to
his life. He further stated that he has produced the Residence Certificate of
UC-38 as well as CNIC of his mother and brother pertaining to UC-38 which has
not been taken into consideration by the District Recruitment Committee. It is
further stated that under similar circumstances one Imran Ali S/o Shahdad Mangi
has been given appointment on the basis of CNIC of his mother and brother.
Conversely,
learned Asstt: A.G submits that earlier a petition was filed by the petitioner
bearing C.P.No.D- 2452 of 2011 which was disposed of vide order dated
05.12.2012 with direction to the respondents to submit compliance report within
45 days, whereafter vide order dated 22.1.2013 the compliance report was
submitted by the respondent was taken on record and thereafter this petition
has been filed. Expressing the similar grievance, it is stated by the learned
Asstt: A.G that since the petitioner could not produce relevant document
showing that he was resident of UC-38, therefore, the request of the petitioner
has rightly been declined by the respondents.
We have heard the
learned Counsel for the parties and perused the record. It appears that the order
passed by this Court in earlier round of proceedings in C.P.No.S- 2452 of 2011
filed by the petitioner has duly been complied-with and such report has been
furnished wherein it has been stated that all the documents produced by the
petitioner including his CNIC, PRC and Domicile
pertain to UC-13 and not UC-38. Accordingly, we do not find any merit in
the contentions of the learned Counsel for the petitioner seeking appointment
on the post of Primary School Teacher on the Seat of UC-38. However, we have
observed that while considering the case of Imran Ali S/o Shahdad Mangi who had
also applied for PST for UC-25 on the basis of CNIC of his mother and brother
has been taken into consideration. The electoral roll in respect of said Imran
Ali Mangi was also taken into consideration. While dismissing the instant
petition, we may observe that the petitioner may agitate his grievances before
the concerned authority with the request to treat him at par with Imran Ali
Mangi. Provided he may submit the requisite documents in support of his claim.
JUDGE
JUDGE
A.R.BROHI