HYDERABAD, Oct 13: The Sindh High Court, Hyderabad circuit bench, on Thursday issued pre-admission notices to officials of the Sindh government for October 19 on a constitutional petition filed by 12 employees of the TMA city, challenging cancellation of their promotions.

Those served notice include the secretary of the Sindh local government department and Katchi Abadis, City taluka municipal administration, the chairman of the provincial local government commission and the Sindh additional advocate-general.

Chaudhry Ashraf advocate represented the employees who included Akram Rajput, general secretary of the staff union (CBA), Ghulam Mohammad Qureshi, Mujahid Jafri, Ramzan Ali, Moinuddin, Abu Bakar, Budhan, Munir Mohammad Qureshi, Syed Israr Ali, Mohammad Naeem Khan, Afzal Ali Khan and Chaudhry Pervaiz Akhtar.

They were promoted in different cadres and subsequently their promotions were cancelled.

The petitioners stated that the then taluka nazim had constituted a departmental promotion committee and service board vide his office order dated March 27 and convened schedule of meeting on March 31 but the Sindh minister for the local bodies suspended the meeting till further orders vide ordered dated March 27.

The nazim briefed the adviser to the Sindh chief minister on local bodies during his visit on January 14.

The petitioners said the departmental requirement made it necessary to fill vacancies fallen vacant for smooth functioning of the affairs which were in danger therefore in exercise of powers vested under Rule 3 of the Sindh Local Government (TMA/UA APT) Rules 2001, the nazim allowed the promotions.

The petitioner employees said that since promotions were subject to approval by the DPC therefore the nazim again constituted the said committee vide his order dated January 28, 2005 and convened the meeting on February 4, 2005 but it had to be postponed on the direction of provincial secretary local government department.

They said the Taluka Municipal Officer vide order dated May 10 cancelled all promotions which were allowed by the then nazim on the basis of orders conveyed through section officer-III whose letter contains the note “this issues with the approval of the chairman PLGC”.

They said the nazim made representations against these illegal orders of cancellation of promotions vide letter dated May 12, 2005 and therefore the taluka council also adopted a resolution no 565 dated May 25, 2005 agitating, against cancellation of promotions and declaring the same as illegal, unjust and in excess of jurisdiction.

They said the nazim issued orders on June 7, 2005 and maintained his orders of promotions to be legal and proper.

The petitioner stated that tenure of the taluka council and taluka nazim came to end on June 30, 2005 and the TMO was made as the caretaker of the TMA and on July 9, 2005. He issued orders to ensure compliance of a letter dated April 23, 2005 with directives that affected employees of his orders shall keep working on the elevated posts and would work according to requirements of those positions but they would be paid salary of their positions held prior to their promotions.

They maintained that similar promotions were made in TMAs Latifabad and Qasimabad by respective taluka nazims and the same were confirmed and no ban/suspension of DPC was made.

They said Local Bodies’ Adviser Wasim Akhtar distributed promotions orders in a function while on the other worst political discrimination was resorted to in case of TMA city.

They said it was the first petition against impugned actions of respondents and no proceedings against these actions except for departmental representations were undertaken by petitioners.

They said that the cause of action to file the petition arose after issuance of impugned orders dated April 23 and July 9.