Case Details

Citation(s)
2017 SLG 1395 2017 SLD 1395 2017 PLC 226
Sindh High Court
Constitutional Petition No. D-4546 of 2012, 18/10/2016
MUHAMMAD ALI MAZHAR, JUSTICE, ABDUL MAALIK GADDI, JUSTICE

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AYAZ AHMED MEMON

VS

PAKISTAN RAILWAYS THROUGH CHAIRMAN AND 8 OTHERS

Law:

Section:

THIS ORDER PASSED BY: MUHAMMAD ALI MAZHAR, JUSTICE:---.--- This petition has been brought to achieve directions against the respondents Nos.1 to 4 to regularize the services of the petitioner. 2. The ephemeral of the case are that the petitioner was appointed vide Employment Contract dated 03.4.2004 to the post of Assistant Programmer (BPS-16) in the office of Divisional Superintendent, Karachi. Despite lapse of considerable period he was not regularized therefore he filed Constitutional Petition No. D-983 of 2007 on the premise that the span of his contractual engagement unequivocally shows that he has been appointed against a permanent post and non-regularization of his service amounts to exploitation on the part of the departmental authority to keep a permanent post vacant and continue to employee on contract basis. The earlier petition of the same Petitioner (C.P.No. D-983 of 2007) was disposed of vide judgment dated 14.10.2010 and for the ease of reference, paragraphs 9 and 10 of the judgment are reproduced as under: 9. It is one of the most nefarious kinds of exploitation that a person is recruited on contract for a post of permanent nature and is continued as such from year to year keeping that person on the tenterhooks of uncertainty with the sword of termination of contract permanently hanging over his head by nothing but the most fragile thread of one knotted eyebrow of a superior. Such a situation cannot be, and indeed should not be allowed to be countenanced." 10. Thus it appeared that the post is permanent in nature; there are no rules making it a post to be filled through promotion and the petitioner has worked on the post, though on contract basis, for a number of years. Being conscious of the fact that this Court cannot assume to itself jurisdiction of Selection Authority as that role must be left to the departmental authorities to perform, we direct the Respondent No. 2 to, within a period of two months, assess suitability of petitioner for permanent absorption on the post and thereafter take action in accordance with the law and submit report to this Court. This Constitution Petition is disposed of in the above terms. Listed application is…
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