ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C.P.NoD-434 of 2008

1. For non prosecution of CMA 1115/08

2. For hearing of CMA 461/09

3. For katcha peshi

4. For hearing of CMA 1413/08

ORDER

03.06.2010

Mr.Haji Shamsuddin Rajper Advocate for petitioner. Mr.Abdul Qayoom Shaikh Advocate for respondents No.1 to 4.

Mr.Liaquat Ali Shar Addl.A.G.

Mr.Sher Muhammad K.Shaikh D.A.G.

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The learned counsel for the respondents has field a statement in compliance of the order dated 27.5.2010 which statement shows that currently that there is one post of Lecturer BPS-18 in the department of Mathematics and two posts in the department of Physics for lecturer BPS-18. Learned counsel for the respondents on a court query stated that he had no instructions as to when the University intended to fill the posts. The learned counsel for the petitioner on the other hand states that the last time when the University advertised posts was on 24.7.2009 in which posts regarding a number of departments were advertised but the departments of Physics and Mathematics did not advertise for any posts. He placed copy on the record. Let the Chairman syndicate inform the court as to when the vacant posts in the department of Mathematics and Physics as noted above are to be advertised and if there are no current plan to advertise these posts then the reasons for such delay may be communicated since posts are lying vacant and apparently need to be filled. The Chairman Syndicate is directed to file its reply within 20 days.

The learned counsel for the petitioner states that the petitioner has been associated with the University for a number of years as Co-Operative Teacher and that he has properly discharged his duties as such teacher but that this period of service is not being given any consideration. Without prejudice to the rights of the parties in this petition, let petitioner make an application to the respondent No.2 for provisionally continuing his service as a Co-Operative Teacher, which application the respondent No.2 shall consider on its own merits and if such application is granted on a provisional basis, the petitioner is put on notice that that shall not have any bearing on the final outcome of this petition, which shall be decided on its own merits. In case the application made by the petitioner is to be turned down the Vice Chancellor shall give reasons for turning down such application.

Adjourned to a date in office.

JUDGE

Imran