| Citation(s) |
|---|
| 2019 SLG 3135 2019 SLD 3135 2019 PLC 1408 |
Sindh High Court
M.As. Nos. 14152 of 2015 and 2262 of 2016 in Constitution Petition No. D-649 of 2013, decision & hearing Dated: 22-01-2019.
MUHAMMAD IQBAL KALHORO, JUSTICE ADNAN-UL-KARIM MEMON, JUSTICE
Petitioner(s) by: Ahsan Gul Dahri Allah Bachayo Soomro, Additional Advocate-General, Sindh.
M.As. Nos. 14152 of 2015 and 2262 of 2016 in Constitution Petition No. D-649 of 2013, decision & hearing Dated: 22-01-2019.
MUHAMMAD IQBAL KALHORO, JUSTICE ADNAN-UL-KARIM MEMON, JUSTICE
Petitioner(s) by: Ahsan Gul Dahri Allah Bachayo Soomro, Additional Advocate-General, Sindh.
MST. SAHIB KHATOON KEERIO
VS
PROVINCE OF SINDH THROUGH SECRETARY AND 3 OTHERS
Law: Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974
Section: R.10A,11A
Law: Constitution of Pakistan, 1973
Section: 204
Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974--- ----Rr.10-A & 11-A---Constitution of Pakistan, Art. 204---Contempt proceedings---Appointment on deceased quota---Petitioner sought initiation of contempt proceedings on plea that order passed by High Court was not complied with---Plea raised by authorities was that son of petitioner was offered appointment in compliance of order passed by High Court but he refused to accept the same---Validity---Department could not circumvent law to make recruitment to post on deceased quota by invoking R.11-A of Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974 more particularly without resorting to proviso of R. 11-A of Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974---Explanation offered by the department was tenable under law as son of petitioner was offered post in compliance of order passed by the High Court but same was refused by son of petitioner---Explanation offered by the department was substantial compliance of order of the High Court in letter and spirit---High Court declined to proceed with contempt proceedings as no case was made out---Applications were dismissed in circumstances. Asghar Khan v. Province of Sindh and others 2014 PLC (C.S.) 1292 and C.Ps. Nos.482-503-K of 2016 ref. THIS ORDER PASSED BY: ADNAN-UL-KARIM MEMON, JUSTICE---.--- The captioned petition was disposed of by this Court vide order dated 10.09.2015 with the following observations:- "5. We are of the considered opinion that the petitioner's son has applied within stipulated period of two years and this notification has been issued after filing of his application cannot be interpreted to apply retrospectively to the application, which has been filed before coming into force of this notification. 6. Along with parawise comments filed by respondent No.1, summary to the Chief Minister of Sindh was submitted by the respondent No.1 where the name of petitioner's son was recommended, the same is annexed as annexure-2 with the comments filed by respondent No.1. 7. After examining the summary forwarded to the Chief Minister of Sindh by the respondent No.1 and commented filed by…
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