Case Details

Citation(s)
2016 SLG 3488 2016 SLD 3488 2016 PLC 1069
Sindh High Court

MUHAMMADALI MAZHAR, JUSTICE AND ZULFIQAR AHMAD KHAN, JUSTICE
Ali Asadullah Bullo and Abrar Bukhari for Petitioners. Abdul Ghaffar, Shaikh Liaqat Hussain Standing Counsel, M. Naveed Rabbani, Audit Officer for
Respondents.

SYED SHARIQ ZAFAR AND OTHERS

VS

FEDERATION OF PAKISTAN THROUGH AUDITOR GENERAL OF PAKISTAN AND OTHERS

Law:

Section:

Civil service--- ---Contract employee---Regularization of service---Scope---Respondents had spent more than seven years of their precious youth-time in contract employment with the department and had performed their services with satisfaction--- Decision of Cabinet--- Sub-committee for regularization of their services had been rightly implemented---Constitutional petition was dismissed in circumstances. 2015 SCMR 1257 rel. THIS ORDER PASSED BY: ZULFIQAR AHMAD KHAN, JUSTICE:------------------ Brief facts of the case are that advertisements were Published in the local newspapers by Respondent No.1 in the year 2004, inviting applications from the eligible aspirant for 210 posts of Audit Officers (BPS-17) on contract basis for one year. After going through the process of tests and interviews respondents Nos. 6 to 67 (totaling 62 in number) were appointed for one year and contract letters were issued to them. They accordingly assumed charge in the year 2005. Key terms of the appointment letter included: (a) "Period of Contract: One year from the date of assumption of charge. The period of contract may be extended for another year on the basis of your performance; (b) Seniority: You will not have any seniority and will not be placed on regular gradation list of the cadre in which the post for the time being held by you is included". 2. The Respondent No.4 (Secretary Cabinet Division) issued directives on 17.05.2012 vide order No. 3-5/2011-Admin-1 to the Respondent No.1 (Auditor General of Pakistan) to regularize the services of these 62 private respondents (having been appointed as Audit Officers) in accordance with "fulfillment of recruitment criterion and availability of posts". 3. The petitioners' grievance is that the Respondent No.1 instead of considering the condition precedent of fulfillment of recruitment criterion arid availability of posts issued orders dated 21.05.2012 thereby regularized and upgraded the services of these 62 Audit Officers to BPS-18, merely placing reliance on the aforesaid letter. 4. The counsel for the Petitioners drew our attention to S.R.O. 977(I)/2008 dated 12.09.2008 (2008 SRO) wherein methods, qualifications and other conditions…
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