May 31, 2003	Saturday	Rabi-ul-Awwal 28, 1424

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MUZAFFARABAD, May 30: The AJK High Court on Thursday dismissed a petition filed by 25 junior employees of the Neelum Valley Development Board seeking direction to the government to refrain from terminating their services.

The court, comprising Justice Ghulam Mustafa Mughal, ordered the government to determine the posts required for smooth functioning of the board and fill them after formal framing and adoption of rules.

The petitioners had contended that they were appointed by the NVDB chairman and their posts were subsequently advertized, following which they appeared before the selection committee and after qualifying the test and interview, their services were confirmed. After the change of the government, the board was to be reconstituted, but the incomplete board recommended their removal on political basis, they stated.

Advocate-General Raja Abrar Hussain argued that no rules had been framed for the board and the appointments made without rules and advertisement could be terminated without notice.

Counsel for the petitioners, Khwaja Farooq Ahmed, contended that the rules were to be made by the government and the board and his clients could not be made to suffer for an unlawful act of the board. He said recommendations of the incomplete board without providing an opportunity for hearing was violative of the principles of justice.

Mir Gohar Rehman, representing other respondents, contended that the selection of petitioners was “fraud” and the petitioners could not be awarded any relief.

Justice Mughal held that since the appointments were made without creation of posts and advertisement, they were void and could not be protected in writ jurisdiction.

BIDDERS’ PLEA: The bench also dismissed a writ petition filed by three parties whose bids for supply of science equipment to high schools were rejected by the central purchase committee and ordered fresh tendering.

The petitioners, Raja Sajid Hussain, Syed Zafar Iqbal and Javed Haider Kharat, prayed that their bids, opened on March 25, were the lowest as per a comparative statement prepared by the education planning director.

The respondents informed the court that the comparative statement was submitted to the committee, which, after considering the report of a survey team, decided on May 7 to re-tender the matter because the rates offered were 29.3 per cent more than the prevailing market price.