| Citation(s) |
|---|
| 2016 SLG 2790 2016 SLD 2790 2016 PLC 179 |
Sindh High Court
C.P. No. D-3679 of 2014, Dated: 3rd September, 2015. Date of hearing: 27th May, 2015.
MUHAMMAD ALI MAZHAR, JUSTICE, MRS. ASHRAF, JAHAN, JUSTICE
M.M. Aqil Awan for Petitioners.
C.P. No. D-3679 of 2014, Dated: 3rd September, 2015. Date of hearing: 27th May, 2015.
MUHAMMAD ALI MAZHAR, JUSTICE, MRS. ASHRAF, JAHAN, JUSTICE
M.M. Aqil Awan for Petitioners.
DR. BASHIR AHMED AND OTHERS
VS
PROVINCE OF SINDH THROUGH CHIEF SECRETARY AND OTHERS
Law:
Section:
(a) Sindh (Regularization of Ad hoc and Contract Employees) Act (XXV of 2013)--- ----S. 3---Constitution of Pakistan, Art. 199---Constitutional petition---Contract employee---Regularization of service---Plea of petitioners was that they had acquired the status of permanent employees on promulgation of Sindh (Regularization of Ad hoc and Contract Employees) Act, 2013---Validity---Continuance service of employees---Sindh (Regularization of Ad hoc and Contract Employees) Act, 2013 had been promulgated on 25-03-2013 with immediate effect---Employees appointed on ad hoc and contract basis against the post in BS-1 to BS-18 or equivalent basic scale who were otherwise eligible for appointment immediately before the commencement of the Act were to be deemed to have been validly appointed on regular basis---Not only a summary was moved for regularization after promulgation of Sindh (Regularization of Ad hoc and Contract Employees) Act, 2013 but committee was also constituted which resolved that contract and ad hoc employees in services were to be deemed to have validly been appointed on regular basis---Vacancies in the present case, were of permanent nature and without sufficient manpower department could not function---Employees should be deemed to have been appointed on regular basis and if department had any reservation with regard to fitness or eligibility of any employee then it might take appropriate action but in accordance with law---Constitutional petition was disposed of accordingly. Chairman, Pakistan Railways and others v. Arif Hussain and others 2008 PLC (C.S.) 240; Ayaz Ahmed Memon v. Pakistan Railways, Ministry of Railway, Islamabad and another 2011 PLC (C.S.) 281 and Hakim Ali Ujjan and others v. Province of Sindh and others 2012 PLC (C.S.) 127 ref. Dr. Iqbal Jan and others' case 2014 PLC (C.S.) 1153; Muhammad Akram Solangi and others v. D.C.O. Khairpur and others 2013 PLC (C.S) 121 and Ikram Bari's case 2005 SCMR 100 rel. (b) Sindh (Regularization of Ad hoc and Contract Employees) Act (XXV of 2013)--- ----Preamble---Scope---Sindh (Regularization of Ad hoc and Contract Employees) Act, 2013 was promulgated for regularization of the services of certain…
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