Case Details

Citation(s)
2013 SLG 1945 2013 SLD 1945 2013 PLC 1046
Sindh High Court
Constitutional Petitions Nos.D-1615, D-1616 and D-1932 of2011, decision dated: 2-10-2012.
SHAHID ANWAR BAJWA AND AFTAB AHMED GORAR, JJ

SHAMSUL HAQUE MAHAR and othersvsPROVINCE OF SINDH through Chief Secretary and othersSHAMSUL HAQUE MAHAR and othersvsPROVINCE OF SINDH through Chief Secretary and others

Law:

Section:

(a) Sindh Civil Servants Act (XIV of 1973)-------S. 11---Constitution of Pakistan, Art.199---Constitutional petition---Agricultural Department---Contract employees working for last seven years on basis of annual extension of their contract period, and there was no complaint regarding their conduct, competence and work---Petitioners' plea was that their appointment was on permanent basis, thus, were entitled to all consequential benefits of a regular appointment from date of their initial appointment or in alternative authority be directed to treat them as regular employees in their respective grades from date of their initial appointment---Validity---Appointment of petitioners in year 2005 was for a particular project, which despite continuing from year to year had not yet been concluded---Government was not in a position to state as to when such project would conclude---Word "permanent" in context of employment would not mean lasting till Day of Judgment, but would mean something likely to last for a very long period---Something having continued for seven years could not be said to be temporary anymore---Petitioners for all intents and purposes would be deemed to have been hired on a post of permanent nature---Appointment order of petitioners mentioned therein that Sindh Civil Servants Act, 1973 would be applicable to petitioners---Government could not contend that petitioners despite being governed by said Act were not entitled to all benefits allowed thereunder to civil servants---Petitioners had been recruited for a particular project, thus, Government on administrative ground could neither transfer any of them to another department nor transfer a person from another department to such project, except on deputation basis---Government on completion of such project could exercise its powers under S.11(2) of Sindh Civil Servants Act, 1973---Government was bound to consider petitioners' case for regularization in accordance with observations made in reported as 2011 PLC (C.S.) 281--- Government might frame policy for appointment on contract basis for a limited period---Where Project or job continued beyond limited contract period, then person appointed would be…
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