| Citation(s) |
|---|
| 2026 SLD 3320 = 2026 SHC 407 |
Sindh High Court
Constitution Petition No. D-5633 of 2021
Presented By: Mr. Justice Muhammad Saleem Jessar Mr. Justice Nisar Ahmed Bhanbhro
Petitioners : Through M/s. Sanaullah Daudani and Hussain Bux, Advocates
Respondents : M/s. Hakim Ali Shaikh and Sageer Ahmed Abbasi, Additional Advocates General, Sindh alongwith Mr. Tanveer Hussain, Assistant Director (Legal), Human Rights Department, Government of Sindh Date of hearing and judgment : 25.02.2026
Constitution Petition No. D-5633 of 2021
Presented By: Mr. Justice Muhammad Saleem Jessar Mr. Justice Nisar Ahmed Bhanbhro
Petitioners : Through M/s. Sanaullah Daudani and Hussain Bux, Advocates
Respondents : M/s. Hakim Ali Shaikh and Sageer Ahmed Abbasi, Additional Advocates General, Sindh alongwith Mr. Tanveer Hussain, Assistant Director (Legal), Human Rights Department, Government of Sindh Date of hearing and judgment : 25.02.2026
(Aijaz Ali Bhayo and others
VS
Province of Sindh through Secretary Human Rights Department and another)
Law: Sindh (Regularization of Ad hoc and Contract, Employees) Act, 2013
Section: 3
Law: Constitution of Pakistan, 1973
Section: 199
SUMMARY: The petitioners were contract employees appointed in 2012 under the Free Legal Aid Center project of the Directorate of Human Rights, Government of Sindh. They sought regularization under the Sindh (Regularization of Adhoc and Contract Employees) Act, 2013, claiming that their colleagues appointed in the same project had already been regularized while they were discriminated against. The respondents refused regularization on grounds of unsatisfactory service and lack of qualification. The Court held that Section 3 of the 2013 Act automatically regularized eligible contract employees and found no valid reason to treat the petitioners differently from their colleagues. The impugned refusal order was set aside, and the petitioners were deemed regularized from 20.03.2018 with back benefits. SECTIONS / ARTICLES USED: Section 3, Sindh (Regularization of Adhoc and Contract Employees) Act, 2013 Article 199, Constitution of Pakistan, 1973 2-WORD CASE DESCRIPTION: Contract Regularization Employment Discrimination JUDGMENT Through this petition, petitioners have claimed following relief:- To declare that the impugned order dated 07-09-2020 is illegal, unconstitutional, unlawful, malafide, discriminatory, void ab initio and non-est, consequently the same be set aside. To direct the Respondents to consider the cases of the petitioners for regularization fairly, justly in accordance with the Act 2013. To restrain the Respondents, their employees, agents, assigns, or anybody acting on their behalf from taking any coercive action against the Petitioners till Final adjudication of the petition. To grant cost of the petition and any other relief(s) which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” Learned counsel for the petitioners submits that the petitioners were appointed on contact basis in the project of Free Legal Aid Center at District Level in the Directorate of Human Rights, Government of Sindh in…