| Citation(s) |
|---|
| 2012 SLG 1218 2012 SLD 1218 2012 PLC 127 |
Sindh High Court
Constitutional Petitions Nos.D-1505 of 2010, D-73, D-153, D-1073, D-1076, D-1322 and 1581 of 2011, decision dated: 31st May, 2011.
FAISAL ARAB 4ND NISAR MUHAMMAD SHAIKH, JJ
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Constitutional Petitions Nos.D-1505 of 2010, D-73, D-153, D-1073, D-1076, D-1322 and 1581 of 2011, decision dated: 31st May, 2011.
FAISAL ARAB 4ND NISAR MUHAMMAD SHAIKH, JJ
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HAKIM ALI UJJAN and others
VS
PROVINCE OF SINDH and others HAKIM ALI UJJAN and others vs PROVINCE OF SINDH and others
Law:
Section:
Constitution of Pakistan-------Art. 199---Constitutional petition---Civil service---Appointment on contract basis on a post of permanent basis---Regularization of service---Petitioners were employed on contract basis in the year 2007 on vacancies which were of permanent nature; on completion of three years contract period, the petitioners filed petitions for regularization of their services---Plea of the authorities was that as petitioners were employed on contract basis, they had no protection as they could not be regarded as civil servants and that upon completion of the contract period they would cease to be in service---Validity---Where a post was of a permanent nature, the same had to be filled in through a permanent appointment---Person could be initially appointed on probation, but after successfully completing the probationary period, he was to be treated as confirmed employee---Petitioners who had served for more than three years in permanent posts in pay scale 1 to 4 could not be thrown out on the ground that they were employed on contract basis---Petitioners, for the last more than three years were working in their respective posts and were being paid their salaries; at no stage during subsistence of their contract any of them was terminated for being incompetent or found unsuitable for the job for any justifiable reason and there could not be two sets of employment working on the same post in government service, one employed on contract basis and the other on permanent basis, though the post was of a permanent nature---Manner in which the petitioners were being treated was highly unreasonable---Petitioners, who had been satisfactorily working on. permanent posts for the past more than three years on contract basis, were to be permanently absorbed in service first---If any post still would remain vacant after such absorption, the department would be free to advertise and fill such posts---Order accordingly. Zameer Ghumro for Petitioners (in C.Ps. Nos.D-1505 of 2010, D-1073 and D-1581 of 2011). Hadi Bux Bhatt for Petitioners (in C.Ps. Nos.D-73, D-153, D-1076 and D-1322 of 2011). Imtiaz Ali Soomro, Asstt. A.-G., Sindh for Respondents. Date of hearing:…
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