ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Constt:Petition.No.D-288 of 2010.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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Before:

Mr. Justice Irshad Ali Shah,

 Mr. Justice Shamsuddin Abbasi,

01. For orders on M.A.No.3007/2021 (U/A).

02. For orders on M.A.No.3420/2015 (C/A).

01.12.2021

                        Mr. Faiz Muhammad Larik, Advocate for the petitioner.

                        Mr. Munawar Ali Abbasi, A.A.G                 

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1.                     Urgency granted.

2.                     It is contended by learned counsel for the petitioner that the petitioner was directed by this Court to be appointed in Education Department for the reason that his uncle had donated a plot for construction of School in his village; such order is not being complied with by the respondents, therefore, they are liable to be prosecuted under the contempt proceedings for willful disobedience to lawful order of this Court.

                        Learned A.A.G has sought for dismissal of the listed application by contending that the appointment in public service on the basis of donation of plot has been disapproved by the Honourable Apex Court, vide order dated 09.11.2015, passed in Civil Appeals No.19-K to 50-K of 2015  (Re. Government of Sindh and others Vs. Loung Khan Rajper etc).

We have considered the above arguments and perused record.

                        Admittedly, the appointments in public service are to be made on merits subject to policy; the appointment in public service on the basis of plot donation has been disapproved by the Honourable Supreme Court of Pakistan, by way of order, which is referred by learned A.A.G. In these circumstances, the respondents could not be prosecuted for the contempt proceedings under the pretext that they have disobeyed the order of this Court.

                        In view of above, the listed application fails and it is dismissed accordingly.   

J U D G E

        J U D G E