Law: Constitution of Pakistan, 1973

Section: 199,25,212

Law: Sindh Civil Servants Act, (XIV of 1973)

Section: 2(b)

Law: Sindh Service Tribunals Act, 1973

Section: 2(a)

Law: Sindh (Regularization of Ad hoc and Contract, Employees) Act, 2013

Section:

Summary:The Sindh High Court addressed a dispute regarding the regularization of contract employees in the Fisheries Department, Government of Sindh, whose contracts were terminated due to non-allocation of funds. Two bench orders—one from Karachi and one from Sukkur—had conflicting views on whether the contract employees were civil servants subject to the Service Tribunal or whether they could be heard by the High Court under its constitutional jurisdiction. The Court concluded that the petitioners were not civil servants but contract employees and thus fell within the High Court's jurisdiction under Article 199 of the Constitution. It declared the Sukkur order as per incuriam for mistakenly treating these employees as civil servants. The Court directed that the petitioners, who were in the same batch as those in the Karachi order, be considered for regularization by a scrutiny committee under the Sindh (Regularization of Ad hoc and Contract Employees) Act, 2013, within two months, respecting Article 25's principle of equality and non-discrimination.Core Points:Petitioners were contract employees in the Fisheries Department terminated for lack of funds.Conflicting High Court orders on jurisdiction: Karachi bench allowed constitutional petition; Sukkur bench dismissed on Service Tribunal jurisdiction.Court held petitioners are not civil servants; High Court has jurisdiction under Article 199.Sukkur order declared per incuriam for ignoring binding precedent.Petitioners to be considered for regularization under Sindh Regularization Act 2013, same as similarly situated employees.Reliance on Article 25 of the Constitution for…

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