ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C.P. No. D-1267 of 2011.

DATE

OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

1. For orders on office objection as Flag 'A'.

2. For Katcha Peshi.

1912.2012.

Mr. Muhammad Saleem Jesar advocate for petitioners.

Mr. Muhammad Yaqoob Dahani, State Counsel.

-.-.-.-.-.-.-

Through this Constitutional Petition, the petitioners have prayed for the following relief(s):

A) That this Honourable Court may be pleased to accept the instant petition and further be pleased to admit it for regular hearing.

B) That this Honourable Court may be pleased to direct the respondent No.1 to issue appointment orders in favour of the petitioner’s No.1 to 3 as Chowkidar/Naib Qasid and Malhi at Government Boys Middle School Tatri Taluka Dokri District Larkano, with directions to report compliance before this Honourable Court.

C) That this Honourable Court may be pleased to direct the respondents not to appoint any other person except the petitioners or their nominee and any other appointment would be deemed to be violative of Education Policy framed by the Government of Sindh in terms of annexure-‘D’

D) That this Honourable Court may be pleased to direct the respondent No.1 to pay salaries from the year 2001 to date to the petitioner No.1, in view of the certificate vide annexure-‘C’ directly or to deposit before Additional Registrar of this Honourable Court.

E) Award costs of the petition.

Mr. Muhammad Saleem Jesar, advocate for petitioners claims service in the lower grade for petitioner No.1 and does not press this petition regarding petitioners No.2 & 3.

Notices were issued to the respondents as well as Add. A. G. Mushtaque Ahmed Kalhoro, District Officer (Headquarter), who appeared on behalf of respondent No.1 and admits that the plot for the construction of the School has been provided by petitioner No.1 and respondents are prepared to provide job to petitioner No.1 in the lower grade as per policy.

Learned Addl. Advocate General at the very outset stated that a person who has donated plot for school is entitled to nominate one person for employment as per government policy. He further states that concerned nominee or donor of the plot shall be appointed within two months after fulfilling requisite formalities. The learned advocate for the petitioner is satisfied with this proposition.

In such circumstances, the petitioner No.1 is directed to submit applications to the concerned respondent, enclosing therewith following documents:

(i) Copy of Agreement Bond signed by the applicant/plot donor and EDO (E) Larkana regarding construction of School building.

(ii) Copy of Form VII-A/ VII-B duly signed by Mukhtiarkar (Land Revenue) concerned showing the ownership of plot/land of the applicant.

(iii) N.O.C of other shareholders of land/plot and other heirs of property.

(iv) Qualification certificates, CNIC, Domicile and PRC of the applicant, Certificate from relevant officer that land donated for construction of school building stand transferred in the name of Education & Literacy Department, Government of Sindh.

By consent petition is disposed of in the above terms.

Judge