ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P No.D-180 of 2010

DATE ORDER WITH SIGNATURE OF JUDGE

1. FOR ORDER ON MA NO.654/2010.

2. FOR KATCHA PESHI.

28-09-2011

Mr. Abdul Hameed Bajwa, Advocate for petitioners.

Mr. Allah Bachayo Soomro Addl. A.G. along with Ghulam Nabi Baloch, E.D.O (E), Badin and Khalid Mahmood, D.O.E & Focal Person, Badin.

……….

The facts giving rise to this petition are that in pursuant to advertisement, the petitioners have applied for the post of “Primary School Teacher” and after due process, interview and medical examination etc. they were declared successful candidates, as such respondents issued offer letters for their appointment on contract basis for three years. However, later on the entire process was scraped on the directions of Chief Minister for the reasons best known to him.

Since the controversy of similar nature was decided by a Division Bench of this Court through a consolidated judgment passed in C.P Nos.D-1051, 1073, 1074, 1233, 1234, 1332, 1380, 1449, 1450, 1468, 1586, 1587 of 2007, and C.P Nos.D-1666, 1800, 1090, 670, 2271 of 2008 and C.P No.D-688 of 2010, therefore, after hearing the learned counsel for the petitioners and learned Additional A.G Sindh, and with their consent this petition is disposed of in the following terms: -

(1) That the order issued to the petitioners canceling their offer letters are set aside.

(2) That in terms of summary to the Worthy Chief Minister dated 18-10-2006, the Secretary Education will issue show cause notice within one month from today to such of the petitioners who are ineligible for appointment as JSTs, PSTs and HSTs for not possessing prescribed educational qualifications.

(3) The proceedings of the said show cause notice will be concluded within further one month time and appropriate order will be passed regarding eligibility on the basis of educational qualifications of the petitioners and communicate the same to the petitioners through registered post acknowledgement due record of which will be maintained.

(4) In case within two months the process of issuing of show cause notice, enquiry and passing of the order and its communication to the petitioners regarding their eligibility on educational qualifications if not completed, all the petitioners will stand entitled to be posted to their respective posts and respondent will take them on job and start paying their salaries from 5^th July 2011.

(5) Those petitioners in respect of whom there is no dispute regarding their eligibility of educational qualifications, they will immediately be issued posting orders and their salary will commence from the month of May, 2011.

The instant petition stands disposed in the above terms. The listed application also stands disposed of.

JUDGE

A.C