| Citation(s) |
|---|
| 2026 SLG 606 2026 SLD 606 = 2026 SHC 419 |
Sindh High Court
C.P. No.D-3123 of 2025/C.P. No.D-4648 of 2025
Presented By: Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi
Date of hearing and order:- 26.02.2026 Mr. Abdul Salam Memon, Advocate for the petitioners, in C.P. No. D- 3123/2025 Mr. Naeem Iqbal advocate for the petitioners in C.P. No. D-4648/2025 Mr. Arshad Khan Tanoli advocate for the respondent/Port Qasim Authority in both petitions Ms. Wajiha Mehdi DAG
C.P. No.D-3123 of 2025/C.P. No.D-4648 of 2025
Presented By: Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi
Date of hearing and order:- 26.02.2026 Mr. Abdul Salam Memon, Advocate for the petitioners, in C.P. No. D- 3123/2025 Mr. Naeem Iqbal advocate for the petitioners in C.P. No. D-4648/2025 Mr. Arshad Khan Tanoli advocate for the respondent/Port Qasim Authority in both petitions Ms. Wajiha Mehdi DAG
(Abdul Mutalib & others
VS
Federation of Pakistan ) (Ashfaq Ahmed & others vs Federation of Pakistan )
Law: Constitution of Pakistan, 1973
Section: 199,25
Law: Port Qasim Authority Employees Service Regulations, 2011
Section: 21-A
Summary: The petitioners, employees of the Port Qasim Authority (PQA), sought regularization of their services. They were appointed against sanctioned permanent posts through a competitive process but were kept on contract despite satisfactory performance and departmental recommendations for regularization. The Court held that Regulation 21-A of the PQA Employees Service Regulations, 2011 provides a statutory mechanism for regularization, and mere administrative policy or Board Resolution No. 39/2019 cannot override statutory regulations unless formally amended. Since the petitioners were appointed through due process against sanctioned posts and had completed the required period of service, they are entitled to consideration for regularization. The Court directed the respondents to place the petitioners’ cases before the competent authority for consideration of regularization under the statutory framework within three weeks and restrained adverse action in the meantime. Sections / Articles Referenced: Article 199, Constitution of Pakistan, 1973 – Constitutional jurisdiction Article 25, Constitution of Pakistan, 1973 – Equality before law Regulation 21-A, PQA Employees Service Regulations, 2011 – Regularization of contractual employees PQA Act, 1973 – Statutory framework for PQA governance and regulations 2 × 2-Word Descriptions: Service Regularization Statutory Protection O R D E R The petitioners in C.P. No. D- 3123/2025 has filed the captioned Constitutional Petitions under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, with the following prayer(s):- Declare and direct the Respondents that, in view of the Regulations and recommendations forwarded for the regularization of the Services of the petitioners' orders of the regularization of the petitioner’s services, from the date of appointment, be issued forthwith; Direct the respondents that, as a result of the present petition, as a vendetta, the service contract of the petitioners may not be discontinued till the final disposal of the present petition. Any other relief(s) as this Court deems appropriate in the facts and…