| Citation(s) |
|---|
| 2025 SLG 5258 2025 SLD 5258 = 2025 SHC 2403 |
Constitutional Petition No.D-871 of 2023
Before: Justice Muhammad Karim Khan Agha Justice Adnan-ul-Karim Memon
Mr. Malik Altaf Hussain, advocate for the petitioners. Mr. Ali Safdar Depar, AAG Date of hearing & Judgment: 16.9.2025
[Ghulam Nabi and 12 others
VERSUS
the Province of Sindh and another]
Law: Constitution of Pakistan, 1973
Section: 4, 9, 25, 240, 242
Law: Sindh Civil Servants Act, (XIV of 1973)
Section: 2(1)(a), 2(1)(b), 5, 9,
Law: Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974
Section: 3, 6-A
Summary:
The petitioners, contractual Head Masters/Head Mistresses (BPS-17), filed a constitutional petition claiming that Respondent No.2 illegally refused to submit their service files to the Sindh Public Service Commission (SPSC) for regularization, in violation of a prior court order dated 28.05.2021. The court examined whether contract employees could claim permanent appointments, emphasizing that appointments to BPS-16 to BPS-22 must follow a competitive process under SPSC and Article 242 of the Constitution. The court held that the petitioners cannot claim indefinite contract-based employment but directed the competent authority to forward eligible petitioners to SPSC for assessment/interview as per recruitment rules. Petition disposed of accordingly.
Sections / Rules Used:
Article 4 – Equality before law