| Citation(s) |
|---|
| 2017 SLG 769 2017 SLD 769 2017 PLC 1020 |
Sindh High Court
C.Ps. Nos. D-5176 of 2013 and 151 of 2014, decision & hearing dated: 15-12-2016.
MUHAMMAD ALI MAZHAR, JUSTICE, ADNAN-UL-KARIM MEMON, JUSTICE
Petitioner(s) by: Ch. Muhammad Ashraf Khan and Ch. Azhar Elahi
Respondent(s) by: Sanaullah Noor Ghouri No. 2.
C.Ps. Nos. D-5176 of 2013 and 151 of 2014, decision & hearing dated: 15-12-2016.
MUHAMMAD ALI MAZHAR, JUSTICE, ADNAN-UL-KARIM MEMON, JUSTICE
Petitioner(s) by: Ch. Muhammad Ashraf Khan and Ch. Azhar Elahi
Respondent(s) by: Sanaullah Noor Ghouri No. 2.
MUHAMMAD ALI MAZHAR, JUSTICE ADNANULKARIM MEMON, JUSTICE SYED MUHAMMAD SOHAIB (SHOAIB) AND OTHERS
VS
FEDERATION OF PAKISTAN THROUGH SECRETARY AND OTHERS Shaikh Liaquat Hussain, Standing Counsel.
Law: Constitution of Pakistan, 1973
Section: 3,4
(a) Constitution of Pakistan--- ----Art. 4---Equal protection of law---Scope---Every citizen had an inalienable right to enjoy the protection of law and to be treated in accordance with law---No action detrimental to the life, liberty, body, reputation or property of any person could be taken except in accordance with law. Muhammad, Akram Solangi and others v. D.C.O. Khairpur and others 2013 PLC (C.S) 121; Ikram Bari v. National Bank of Pakistan 2005 SCMR 100 and Pir Imran Sajid v. Managing Director, Telephone Industries of Pakistan 2015 SCMR 1257 rel. (b) Constitution of Pakistan--- ----Art. 3---Elimination of exploitation---Scope---State should ensure elimination of all forms of exploitation. (c) Public functionaries--- ----Public functionaries were supposed to function in good faith honestly and within the precincts of their power. THIS ORDER PASSED BY: MUHAMMAD ALI MAZHAR, J.--- In essence, these petitions have been brought to strive for evenly treatment and benefit of judicial precedent reminiscent of Hafeeza Junejo case rendered by the learned division bench of this court on 2.12.2012 in C.P.No.D-3272/2011. 2. The brief facts of the case are that the petitioners were initially appointed by Pakistan Steel Mills and presently performing their duties as teaching and non-teaching staff in Pakistan Steel Cadet College in terms of letters of contracts issued by Hadeed Welfare Trust. Since they are performing their duties for last considerable period on contract basis therefore they have approached this court for regularization of services with similar treatment as meted out to the petitioners in C.P.No.D-3272/2011. The respondents Nos.2 and 3 filed their comments. The respondent No.2 in their comments raised the objections that the petitioners are employees of Hadeed Welfare Trust while the Hadeed Welfare Trust has taken the plea that that Office Memorandum issued by Establishment Division for regularization of contract employees does not apply to them. 3. The learned counsel for the petitioners argued that petitioners Nos.1 to 7, 21 and 22 in C.P.No.D-5176/2013 and the petitioner in C.P.No.D-151/2014 were employed by the respondent No.2 on different dates but…
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