Case Details

Citation(s)
2024 SLG 3851 2024 SLD 3851 2024 PLJ 144
Sindh High Court
C.P. Nos. D-2628 & 3301 of 2022, decided on 4.6.2024. Date of hearing: 26.3.2024.
Present: Muhammad Junaid Ghaffar and Adnan-ul-Karim Memon, JJ.
M/s. M. M. Aqil Awan & Danish Rashid, Advocates for Petitioners (in both Petitions). Mr. Ali Safar Deeper, AAG for
Respondents (in both Petitions).

MUMTAZ ALI PANHWAR and others--Petitioners

VERSUS

PROVINCE OF SINDH and others--Respondents

Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973------Art. 199--Appointment on contingency basis--Specified project--Terms and conditions were accepted by petitioners--No vested right--Petitioners were filed writ petition for regularization--Dismissed--Res-judicata--Petitioner had been engaged as Naib Qasid on contingency basis for a period of 89 days on various terms and conditions--Petitioners had accepted those terms and conditions--The claim of Petitioners Counsel that they had been in employment continuously was not substantiated from record placed before High Court--The project in question was ever accorded permanence by Government or was made part of regular budget--Posts in question had never been made regular or permanent posts falling within budget of Government--Petition dismissed.2020 SCMR 507 and 2021 SCMR 675 ref.OrderMuhammad Junaid Ghaffar, J.--Through this Petition, the Petitioners have sought the following relief(s):-“a. That Respondents may be directed to give the same treatment to the Petitioners as has been accorded to the contingency employees of Left Bank Out fall Drainage project through legislation or otherwise.b. That this Honorable Court would be pleased to declare that all the appointments made on contract/contingent basis being violative of Article 4. 38 and the pronouncement made by the Honorable Supreme Court on this subject, are illegal and unlawful with the further restraint that no such appointment would be made in future exception the regular appointment.c. That Respondents may kindly be restrained in future from converting the permanent/regular work in the form of project and all the regular works of the type involved in defunct NPIW and SIAPEP may be carried out on regular basis through regular employees by the concerned department itself.d. That this Honorable Court may be pleased to direct the Nazir of this Honorable Court to release the salaries of the Petitioners deposited with the Nazir with effect from October 2014 to June 2015, after their due verification and in accordance in Law and procedure.e. That this Honorable Court would be pleased to declare that the appointment made of the Petitioners against the post of Naib Qasid, Rodman…
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