| Citation(s) |
|---|
| 2025 SLG 3702 2025 SLD 3702 = 2025 SHC 2065 |
CP. No. D-283 of 2022
Mr. Justice Muhammad Karim Khan Agha Mr. Justice Adnan-ul_Karim Memon
M/s. Zameer Hussain Ghumro and Salim Khaskheli advocates for the petitioners. Mr. Ali Safdar Depar AAG
(Muhammad Ali Matto & others v Province of Sindh & others )
Law: Sindh (Regularization of Ad hoc and Contract, Employees) Act, 2013
Section: 3
Law: Constitution of Pakistan, 1973
Section: 199
Summary
The petitioners, initially hired on one-year contracts in 2012 as daily wage employees, requested regularization of their services under Section 3 of the Sindh (Regularization of Ad hoc and Contract Employees) Act, 2013, claiming entitlement to permanent employment. They also sought payment of withheld salaries and restraining respondents from their removal. The respondents denied the claims, asserting removal in 2016 due to poor performance. The Court, after reviewing relevant principles from Supreme Court precedents, held that regularization requires lawful basis, performance assessment, and available positions. Since the petitioners were removed in 2016, the Court declined to interfere and dismissed the petition as not maintainable.
Core Points
- Petitioners were hired on contracts/daily wages in 2012 for posts like Khadim and Naib Qasid.
- They sought regularization under Section 3 of Sindh (Regularization of Ad Hoc and Contract Employees) Act, 2013.
- Claimed right based on continuous service and other employees being regularized.
- Petitioners’ salaries allegedly withheld since 2016; respondent advertized their posts.
- Respondents denied claims, stating removal in 2016 for poor performance.
- Court emphasized regularization is a fresh appointment requiring lawful justification, performance evaluation, position availability, and budgetary considerations.
- Cited Supreme Court rulings reinforcing that regularization cannot be granted simply on prior contractual service.
- Since petitioners were removed in 2016, no maintainable case for regularization at this stage.
- Petition dismissed and all pending applications dismissed as well.
Law and Section Table
| Law / Case | Section / Principle | Key Points |
|---|---|---|
| Sindh (Regularization of Ad hoc and Contract Employees) Act, 2013 | Section 3 | Mandates regularization of ad hoc/contract employees employed on enactment date, subject to conditions |
| Constitution of Pakistan, 1973 | Article 199 | Jurisdiction of High Court for constitutional petitions |
| Supreme Court Case: Province of Punjab v. Dr. Javed Iqbal (2021 SCMR 767) | Judgment Principle | Regularization is a fresh appointment subject to legal basis and policy |
| Federation of Pakistan v. Fazal-e-Subhan (PLD 2024 SC 515) | Judgment Principle | Requires fair performance evaluation and appointment criteria |
| Government of Khyber Pakhtunkhwa v. Sher Aman (2022 SCMR 406) | Judgment Principle | Budget, merit, and qualifications must be considered |
| Messrs State Oil Company Ltd. v. Bakht Siddique (2018 SCMR 1181) | Judgment Principle | Emphasizes competence and commitment for regularization |
O R D E R