Case Details

Citation(s)
2016 SLG 3482 2016 SLD 3482 2016 PLC 1035
Sindh High Court

MUHAMMAD IQBAL KALHORO, JUSTICE AND MUHAMMAD IQBAL MEHAR, JUSTICE

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ALLAH BACHAYO AND 16 othersS

VS

PROVINCE OF SINDH THROUGH SECRETARY LOCAL GOVERNMENT KATCHI ABADIES AND SPECIAL DEVELOPMENT DEPARTMENT AND PUBLIC HEALTH ENGINEERING DEPARTMENT SINDH AND 8 others-

Law:

Section:

Tufail Ali Qureshi for Petitioners. Allah Bachayo Soomro, A.A.G. along with Manohar Kumar, XEN Public Health Engineering, Tando Allahyar and Abdul Nisar Soomro, Assistant Engineer, Public Health Engineering, Tando Allahyar for Respondents. Civil service--- --------Work charge employees---Regularization of services---Regularization of services of employees on the direction of High Court---Seeking of equal treatment by the other employees of the department---Validity---When High Court had decided a point of law with regard to other similar employees of the department then department ought to have taken into consideration the case of other employees including the petitioners who could not take any proceedings to seek their right---Benefit of decision of High Court ought to have been extended to other employees of the department who were not party to the litigation instead of compelling them to approach the High Court for the same relief---Petitioners were entitled to equal treatment meted out already to the other employees on the direction of High Court---Department was directed to regularize the petitioners within four weeks---Constitutional petition was allowed in circumstances. 2000 SCMR 879 and 2002 SCMR 836 ref. THIS ORDER PASSED BY: MUHAMMAD IQBAL KALHORO, JUSTICE:------------------------- Petitioners claim to have been working as Pump Operator, Chowkidar, Beldar and Helper in Public Health Engineering Department, Government of Sindh, Hyderabad (`the department') on daily wages since their appointments in the years from 1987 to 1997. Their case is that despite their continuous service and making several requests for regularization, nothing has materialized. Finding no other remedy, they have filed this petition praying for regularization of service on the above posts. 2. Respondent No.2/Secretary, Public Health Engineering Department, Government of Sindh Karachi and respondent No.3/Secretary, Finance Department Government of Sindh Karachi have filed the comment denying entitlement of the petitioners to such relief. According to them, petitioners do not fulfill the criteria laid down in Government's policy issued through a letter dated 10.03.1994, which…
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