Taaruf Hussain and others (Petitioner) VS Province of Sindh & others (Respondent)

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

C.P. No.D- 3355 of 2018

Present:

Mr. Justice Muhammad Iqbal Kalhoro Mr. Justice Adnan-ul-Karim Memon

Taaruf Hussain and others ------------------- Petitioners

VERSUS

Province of Sindh & others ----------------- Respondents

Dates of Decision: 06.03.2019

Mr. Altaf Ahmed Shahid Abro, advocate for petitioners Mr. Allah Bachayo Soomro, Addl. A.G

ORDER

Through instant petition, the petitioner has sought the following relief(s):-

“a. This Honourable Court may be pleased to declare the hatred act of respondents for not issuing the offer orders in favour of the present petitioners being successful candidates of the Test since long time is void, ab-initio and without lawful justified and authority.

b. That this Honourable Court may kindly be pleased to direct the respondents/competent authority to issue offer orders to the present petitioners being successful candidates in the light of final result announced by respondent No.3 of the successful candidates,

OR

That this Honourable Court may kindly be pleased to direct the respondent/competent authority to regularize the present petitioners, in view of the resemblance laid down by the Honourable Supreme Court of Pakistan recently in the case

(2018 SCMR 1405).

c. That this Honourable Court may be pleased to direct the respondents/competent authority to maintain status quo as already restrained by this Honourable Court on 13.09.2017.

AND / OR

Suspend/prevent the operation of recruitment process perhaps may begin in near future, unless the present petitioners are not given offer orders in their favour being successful candidates of the said test. In this regard and to save the due right of the earlier candidates/petitioner in CP No. D- 1757 of 2017, this Honourable Court have already passed order on 05.11.2018 whereby restrained the respondents that may not be filled up three posts as described in the said order.

d. That any other relief(s) which this Honourable Court feels better fit and proper to allow this present Constitution petition as prayed, keeping in view of the present age and for the enhanced future of the energetic and young petitioners having sufficient knowledge of Information Technology in computer literacy”.

2.This petition pertains to the recruitment of IT personnel. The test was observed by Pakistan Testing Service who recommended certain names as available in their letter dated 23.11.2016 which includes the name of petitioners however despite the recommendation offer letters have not been issued. The petitioner apprehended that despite recommendation the respondents may take coercive action against the petitioners which could be taken care of.

3.Mr. Altaf Ahmed Shahid Abro learned counsel for the petitioners stated at the bar that the case of petitioners is quite at par with the petitioners in C.P.No.1757 of 2017, therefore the respondents may be directed not to fill up the posts of petitioners and they may continue with the recruitment process of the appointment as per law.

4.Prima-facie the contention of the petitioners requires consideration, let notice be issued to the respondents as well as AAG in the meanwhile the posts of the petitioners may not be filled-up.

5.To come up along with C.P.No 1757 of 2017, on the date, when the aforesaid petition is fixed.

JUDGE

JUDGE

Karar_hussain/PS*