| Citation(s) |
|---|
| 2021 SLG 2312 2021 SLD 2312 2021 PLD 328 |
Sindh High Court
Constitutional Petitions Nos. D-6241, D-828, D-5115 of 2016,D-2683, D-4516, D-6229 of 2017, D-2732, D-4271, D-5995,D-9016 of 2018, D-4107, D-7376 of 2019, D-1572, D-4292,D-4902 of 2020, decided on 8th April, 2021, Dates ofhearing: 12th February, 18th
NADEEM AKHTAR, JUSTICE, ADNAN-UL-KARIM MEMON, JUSTICE
M. M. Aqil Awan, Abdul Salam Memon, Malik Naeem Iqbal, Muhammad Arshad Khan Tanoli, Ali Asadullah Bullo, Faizan Hussain Memon, Danish Rashid and Altaf Ahmed Sahar for Petitioners.Salman Talibuddin, Advocate General Sindh and Ali Safdar Depar, Assistant
Constitutional Petitions Nos. D-6241, D-828, D-5115 of 2016,D-2683, D-4516, D-6229 of 2017, D-2732, D-4271, D-5995,D-9016 of 2018, D-4107, D-7376 of 2019, D-1572, D-4292,D-4902 of 2020, decided on 8th April, 2021, Dates ofhearing: 12th February, 18th
NADEEM AKHTAR, JUSTICE, ADNAN-UL-KARIM MEMON, JUSTICE
M. M. Aqil Awan, Abdul Salam Memon, Malik Naeem Iqbal, Muhammad Arshad Khan Tanoli, Ali Asadullah Bullo, Faizan Hussain Memon, Danish Rashid and Altaf Ahmed Sahar for Petitioners.Salman Talibuddin, Advocate General Sindh and Ali Safdar Depar, Assistant
ANJUM BADAR VSPROVINCE OF SINDH THROUGH CHIEF SECRETARY AND 2 OTHERS
Law: Sindh (Regularization of Ad hoc and Contract, Employees) Act, 2013
Section: 3
Law: Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974
Section: 10
(a) Sindh (Regularization of Ad hoc and Contract Employees) Act (XXV of 2013)--- ----S. 3---Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974, R. 10---Sindh Public Service Commission (Functions) Rules, 1990, R. 3---Contractual employees seeking regularization in service s sought regularization of their contractual appointments in BPS-17 under S.3 of the Sindh (Regularization of Ad hoc and Contract Employees) Act, 2013---Validity---Rule 10 of the Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974 and R.3(1)(i) of the Sindh Public Service Commission (Functions) Rules, 1990, mandated that initial appointments to the posts in BS-16 to BS-22 were to be made by the Commission on the basis of examination or test to be conducted by it, if the posts fell within its purview s had to go through the mandatory competitive process of selection that was required for the appointment of a civil servant---Argument of petitioners that it would be discriminatory if they were not regularized after serving for a considerable period or they would not be able to get another job if they were relieved at this stage, had no force s had voluntarily applied for appointment on contract and after fully understanding the implications and consequences of a contractual appointment had voluntarily accepted the same s’ regularization would in fact be discriminatory against the serving civil servants if contractual employees were granted the status of a civil servant without having gone through the mandatory competitive process prescribed for the selection and appointment of a civil servant---Constitutional petitions were dismissed, in circumstances. Administrator Lucky Marwat v. Izzat Khan 2000 SCMR 777; Muhammad Mubeen-us-Salam and others v. Federation of Pakistan through Secretary, Ministry of Defence and others PLD 2006 SC 602; Government of KPK v. Adnanullah, 2016 SCMR 1375; Government of N.W.F.P. (Now KPK) through its Chief Secretary v. Kaleem Shah 2011 SCMR 1004; Ghulam Mustafa v. Omaid Ali 1984 SCMR 1126; Miss Benazir Bhutto v. Federation of Pakistan PLD 1988 SC 416; Director, Social Welfare, N.W.F.P., Peshawar v. Sadullah Khan 1996 SCMR 1350;…
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