HYDERABAD, Dec 15: The Sindh High Court, Hyderabad circuit bench, on Friday issued notices to Home Secretary, Inspector General of Prisons, Sindh, and the Additional Advocate-General (AAG) Sindh on a constitutional petition filed by five candidates for the post of OG Wardens for December 12.
The petitioners included Mohammad Ateeq, Amjad Ali, Abdul Sattar, Mohammad Shahid and Iqbal Hassan, represented by Mr Jhamatmal Jethanand, advocate, had sought a permanent injunction, restraining the respondents from holding test, interview or appointing any incumbent in place of petitioners.
The counsel maintained that Sindh prisons chief, with the approval of provincial home department, invited applications for the posts of OG wardens through national newspapers and the IGP issued notices to the petitioners to appear in written test on July 12, 2005.
They further maintained that they appeared in written test and their physical test was also conducted on the same date which was followed by a notice for interview and they cleared the interview and selected by the Departmental Selection Commission (DSC).
They said that IGP Sindh also issued them appointment orders and they joined their duties. To substantiate their claim, they also produced their medical and character certificates.
The petitioners said that while performing their duties, all of a sudden, they received orders by the Sindh prisons chief stating that their appointments had temporarily been stayed due to some legal implication.
They said that petitioners were approaching respondents for withdrawal of stay orders and they were kept on false hopes with an assurance “that to date their appointment orders are intact”. They said that on December 6, respondents published a public notice in newspapers, inviting applications for post of OG Warden and fixed date of written test and interviews in Karachi, Hyderabad and Sukkur on December 11, 18 and 26.
He said that orders were passed without any notice to his clients and the same are against principles of natural justice. He added that stay orders of Sindh IG Prisons were without any reason or justification and were mala fide.
He maintained that Sindh IGP exercised jurisdiction not vested in him by staying appointment orders of the petitioners and by inviting application for the same posts during pendency of stay order.
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