| Citation(s) |
|---|
| 2024 SLG 5236 2024 SLD 5236 2024 PLC 460 |
Sindh High Court, Larkana Bench
Constitutional Petitions Nos.D-764, D-816, D-1202 of 2015, decided on 8th February, 2023. Date of hearing: 31st January, 2023.
Before Adnan Iqbal Chaudhry and Zulfiqar Ali Sangi, JJ
Abdul Hamid Bhurgiri, Additional Advocate General Sindh for
Respondents
Constitutional Petitions Nos.D-764, D-816, D-1202 of 2015, decided on 8th February, 2023. Date of hearing: 31st January, 2023.
Before Adnan Iqbal Chaudhry and Zulfiqar Ali Sangi, JJ
Abdul Hamid Bhurgiri, Additional Advocate General Sindh for
Respondents
INAYATULLAH LASHARI and 2 others
VERSUS
COMMISSIONER LARKANA and others
Law: Sindh (Regularization of Ad hoc and Contract, Employees) Act, 2013
Section: 3
Sindh (Regularization of Ad-hoc and Contract Employees) Act (XXV of 2013)-------S.3---Daily wagers---Regularization in service---Scope---Since the petitioners were employed by the Local Government as daily-wagers, and their service had been discontinued, it was not their case that they were entitled to regularization under the provisions of the Sindh (Regularization of Ad-hoc and Contract Employees) Act, 2013---Not disputed by petitioners that as daily-wagers and contingent staff, their appointment was on the condition that their service could be discontinued at any time and that they would not qualify for regular appointment---Fact that they were re-engaged from time to time also showed that they were never in continuous service---Sole ground taken by petitioners for regularization was that they were entitled to the same treatment as other employee, who had been regularized pursuant to judgment passed by the High Court---Long and satisfactory service was no ground for regularization and an employee engaged as ad-hoc or under a time-bound contract had no vested right to regularization---Continuity in service was a pre-condition to seek regularization---While exercising constitutional jurisdiction the Court could not revive or renew expired contracts or alter the terms and conditions of an employee's contract---Petitions were dismissed, in circumstances.Deputy Commissioner Upper Dir v. Nusrat Begum 2022 SCMR 964; Government of Khyber Pakhtunkhwa v. Saeed ul Hasan 2021 SCMR 1376; Province of Punjab v. Prof. Dr. Javed Iqbal 2022 SCMR 897; Khushal Khan Khattak University v. Jabran Ali Khan 2021 SCMR 977; Deputy Director Finance and Administration, FATA v. Dr. Lal Marjan 2022 SCMR 566 and Government of Khyber Pakhtunkhwa v. Sher Aman 2022 SCMR 406 rel.Safdar Ali Ghouri for Petitioners (in C.Ps. Nos.D-764, D-816 and D-1202 of 2015).JUDGMENTADNAN IQBAL CHAUDHRY, J.----These petitions have been brought to seek regularization of service.2. The Petitioners were appointed respectively as Junior Clerk and Naib Qasid in the office of the erstwhile District Coordination Officer [DCO], Larkana vide office orders dated 13.01.2011, 11.02.2010 and 27.1.2010. Their…
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