Case Details

Citation(s)
2025 SLG 4487 2025 SLD 4487 = 2025 PLC 93
Sindh High Court
Constitution Petition No.D-875 of 2020 (and other connected petitions) decided on 22nd April, 2024. (And connected matters, particularized in the Schedule1 hereto.) Per Agha Faisal, J.; Yousaf Ali Sayeed and Adnan Iqbal Chaudhry, JJ., agreeing with their own reasons.
Before Yousuf Ali Sayeed, Adnan Iqbal Chaudhry and Agha Faisal, JJ
Malik Naeem Iqbal, Mohamed Vawda, Hamza Hidayatullah, Muhammad Nasir, Talha Abbasi, M.B. Khatyan, Imran Taj, Syed Shoa-un-Nabi, Saqib, Khan Zai, Khurram Memon, Ameer Ali, Saqib Soomro, Muhammad Khan Lakho, Ghulam Shabir Shar, Muhammad Asif Arain, Atia Kausar, Ravi Pinjani, Vera Awais, Chaudhry Muhammad Ashraf Khan, Uzma, Khadim Hussain, Syed Hussain Haider, Inayat Ali Mirza, Imtiaz Ali Mirza and Ghulamullah for Petitioners. Ijaz Ahmed Zahid, Ghazi Khan Khalil, Qazi Umair Ali, Aleena Ahmed, Ameer Nausherwan Adil, Zeeshan Ahmed, Abdul Hakeem Junejo, Abdul Razzaque, Hayat Muhammad Junejo, Kumail Abbas, Muhammad Inzimam Sharif, Faisal Mahmood Ghani, Nida Faisal Ghani, Asim Iqbal, Farmanullah, Mukesh Kumar G. Karara, Nabi Bux Leghari, Sajid Ali, Kashif Hanif, Waqar Ahmed Zahid and Hashmatullah, Advocates; Qazi Ayazuddin Qureshi (Assistant Attorney General), Amaar Saleem Butt (Manager Legal SSGC), Raja Love Kush (Deputy Manager Legal), Syed Asad Abbas Naqvi (Deputy Chief Manager Legal), and Asma Zehra (Deputy Manager, Legal, SSGC) for
Respondents.

MUHAMMAD ARIF and 196 others

VERSUS

FEDERATION OF PAKISTAN through Federal Secretary, Ministry of Petroleum and Natural Resources, Government of Pakistan, Islamabad and 2 others

Law: Constitution of Pakistan, 1973

Section: 9,25,189,199(1)(a),199(5)

(a)    Constitution of Pakistan-------Arts. 189 & 199---Constitutional petition---Maintainability---Judgment of Supreme Court---Applicability---Contractual appointments---Individual claim--Determination---Petitioners rendered contingent / contractual services to respondent / Sui Southern Gas Company Limited, through third party companies or otherwise and had claimed regularization in respondent / company---After decision of Supreme Court in the matter, petitioners sought determination of their individual claims by High Court in exercise of constitutional jurisdiction---Validity--Petitioners had already been non-suited by High Court earlier on account of maintainability---Matter was remanded by Supreme Court and High Court was also invited to express its view on the issue of entitlement---Separate pleas of each of the three thousand three hundred and fifty nine claimants were not individually appraised and jurisdiction had been declined---Full Bench of High Court declined to render findings in respect of individual entitlement as the same was not merited and petitioners could approach appropriate forum in accordance with law---High Court was bound by an authority illumined by Supreme Court, in application of enunciation of principles of law enshrined in its judgment---Constitutional petition was dismissed in circumstances.case law referred.Yousaf Ali Sayeed, J.(b)    Constitution of Pakistan-------Art. 199---Constitutional petition---Maintainability---Contractual appointments--Regularization---Statutory provision, absence of---Effect---Petitioners rendered contingent / contractual services to respondent / Sui Southern Gas Company Limited, through third party companies or otherwise and had claimed regularization in respondent / company---Validity---Subject of regularization was not a part of terms and conditions of service---Question of maintainability of such claim did not turn on whether service rules of respondent / company were statutory or nonstatutory so much as whether any statute or other instrument having force of law conferred such right so as to admit to its enforcement through a petition under Art. 199 of…
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