O R D E R S H E E T

IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA

Const. Petition No.D- 1945 of 2011

Date	Order with signature of the Judge

1. For orders of office objection ‘A’

2. For orders on M.A No. 7521/2011

3. For Katcha Peshi

4. For Hearing of M.A No. 713/2011

13.1.2012.

Mr. Ashfaque Hussain Abro and Mr. Faiz Muhammad Larik, advocate for petitioners.

M.r. Aziz-ul-Haque Solangi, Assistant A.G. along with Mr.Ameer Ahmed Narejo, State counsel.

--------

The petitioners were taken on contract basis as members of Special Police Force for the letter dated 18.8.1996. The opening words of the letter stated as under:-

“In pursuance of the standing order No.139/95 bearing No.C-/3167 dated 29.061995 issued by the Inspector General of Police, Sindh Karachi, the following nominees of Mir Nadir Ali Khan Magsi, Minister of Local Government Public Health Engineering and Rural Development Government of Sindh having declared medically fit and normally recruited as a “MEMBER OF SPECIAL POLICE FORCE’ on contract basis against the existing vacancies of constables of Larkana District with effect from 18.08.1996.”

2. It is stated in the petition that after one year the petitioners’ employments were discontinued but again in 2009 they were taken in employment and opening words of the letter by which they were taken in employment read as under:-

“In-pursuance of Provincial Police Officer, Sindh Karachi’s letter No.2634 dated 23.02.2009, Addl. IGP/ Regional Police Officer Sukkur Region letter No.E-II/22464 dated 04.08.2009, DIGP Larkana letter No.E-II/31055 dated 10.10.2009 and instructions continued in standing order No.139/95 bearing No.G-/3167 dated 29.06.1995 issued by IGP/PPO Sindh Karachi, the following nominees of Mr. Nadir Ali Khan Magsi, former Minister of Local Government Public Health Engineering and Rural Development Government of Sindh, have been declared medically fit. The Honourable Chief Minister Government of Sindh has condoned their deficiencies qualification and age is hereby recruits as “MMEMBER OF SPECIAL POLICE FORCE” on contract basis in Larkana District with immediate effect.

3. Learned counsel for the petitioners stated that petitioners are still continuing and they have not been regularized.

4. Learned Assistant A.G states that petitioners’ induction in employment was irregular and therefore, they are not entitled to be regularized. He submits that recruitment in Sindh Police as police constable is normally adopted on the basis of open advertisement by giving opportunity to all the eligible candidates to compete.

5. We have considered the submissions made by the learned counsel and have also gone through the record. It is evident from the letter issued in 1996 as well as in 2009 that the petitioners were taken as Members of Special Police Force as “Nominees” of Mir Nadir Ali Khan Magsi, who, at the time when the petitioners were taken in employment, was a Minister in the Provincial Government. At page 33 of the petition, a letter written by Mir Nadir Ali Khan Magsi to RPO Sukkur is enclosed. The entire letter reads as under:-

My Dear Syed Zulfiqar Ali Shah Sahib,

Assala-o-Alaikum

I hope this letter will find you in the best of health, I am enclosing herewith a copy of an order of No.OB/17714-22/2009, Dated 19.11.2009, issued by DPO, Larkana of appointment on contract basis of following Police Constables, regarding regularization of service.

S.No.	NAME OF CONSTABLES
1.	Manzoor Ali PC/5080
2.	Hassan Ali PC/50
3.	Ameen PC/5083
4.	Ameen Jan PC/5094
5.	Ali Akber PC/5085
6.	Syed Rab Nawaz PC/5086

It will highly be appreciated, if the services of above mentioned Police Constables may be regularized accordingly.”

6. Recruitment in Government Services is not bounty which can be conferred by State functionaries, whethr high or low, on whosoever, they wish. All citizens who are eligible under the rules must be given an open notice through publication, of existence of vacancies and only thereafter through an open competitive process in accordance with the rules and recruitment should be made.

7. The petitioners instead of competating an open merit have resorted to using the crutches of politically influential persons. It does not need any authority that one who demands equity must also do equity. Consequently, this constitution petition is dismissed.

Judge