KARACHI, Feb 6: The Sindh High Court on Friday adjourned to Feb 13 hearing of the petitions moved by 629 lecturers selected by the provincial public service commission for their posting in government colleges.
The petitioners submitted through Advocate Zamir Ghumro that the recruitment process started in 2005 with the publication of a Sindh Public Service Commission advertisement inviting applications from eligible candidates. They passed through a long selection procedure involving written and medical tests and viva voce examination and were finally issued offer letters in May 2008. They signified their acceptance of the offer immediately but were still awaiting posting, though the jobs they had been selected for were lying vacant to the detriment of students. They said the government was bound to accept the SPSC’s recommendations in the absence of any justifiable reason and its own offer letters. Once having accepted the SPSC recommendations, it had no authority whatsoever to go back on its solemn commitment.
The petition came up before a division bench comprising Chief Justice Anwar Zaheer Jamali and Justice Nadeem Azhar Siddiqui and it decided to hear the advocate-general and the petitioners’ counsel at length on Feb 13. It was transferred from the bench consisting of Justices Khilji Arif Hussain and Arshad Noor Khan as the latter excused himself from hearing it.
Revenue record attached
Justice Gulzar Ahmed, meanwhile, ordered the attachment of the revenue record of Gadap Town. The owner of a 10-acre plot acquired by the revenue department through the deputy commissioner (district west) alleged in his suit that he was not made full and final payment. The land was acquired for the Karachi Water and Sewerage Board. The record was transferred to the district revenue officer after the establishment of the city district government.The court summoned the district officer for answering the allegation that the plaintiff owner received less than the requisite or sanctioned compensation. The officer appeared in response to the court notice but was unable to clarify the discrepancy. The court asked the nazir to secure the record and submit a report.
SITE restrained
The Sindh Industrial and Trading Estate was, meanwhile, directed to maintain the status quo in respect of a 10-acre plot purchased by plaintiff Mohammad Farooq from M/s National Motors. The plaintiff submitted through Advocate Arshad Tayebaly that he bought the plot for Rs500 million. He paid Rs4.7 million to the SITE management for pre-lease transfer and conversion of the plot from industrial to commercial. The management agreed to a pre-lease transfer and to conversion and he paid another Rs50 million for final transfer. However, the management refused transfer and issued notices to National Motors, the original owner, that it had withdrawn its earlier permission for alienation or conversion of the plot.
The bench consisting of the CJ and Justice N.A. Siddiqui issued a notice to the respondent and asked it to refrain from acting on the impugned notices.
Detention material
The bench asked Assistant Advocate-General Adnan Karim Memon to produce the material on the basis of which the home department passed an order of detention of five office-bearers of the Fishermen’s Forum under the Maintenance of Public Order Ordinance in 2005. The office-bearers were booked for threatening and intimidating the director of fisheries at his office in Hyderabad. They were released on bail in the case but were detained under the MPO for about a month.
The petitioners said their detention under the MPO after their release on bail was mala fide and unlawful. There were no valid grounds for their detention. They requested the court through Advocate Kashif Piracha to order the provincial government to pay them compensation at the rate of Rs5,000 per day of their illegal confinement.
The AAG argued that the petitioners had a criminal case registered against them and they threatened public peace by launching a protest campaign. The bench asked to produce material taken into consideration for their detention and adjourned further proceedings.
Petition allowed
Another bench comprising Justices Azizullah M. Memon and Abdul Rahman Faruq Pirzada allowed a petition moved by residents of Mulla Essa Brohi Goth, Deh Bijjar Bhatti, Taser Town, Scheme 45. The petitioners submitted through Advocate Gohar Iqbal that they were permanent residents of the goth, which was duly approved by the competent authority under the Sindh Gothabad Scheme, 1987. The revenue and police officials were, however, out to dispossess them.
Advocate M. Ahmed Pirzada, who appeared for the board of revenue, stated that the petitioners could not claim more than 30 acres that made up the goth. They had no right to claim any land in excess of 30 acres. The bench allowed the petition to the petitioners’ claim to extent of 30 acres.
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