Case Details

Citation(s)
2026 SLD 3364 = 2026 SHC 956
Sindh High Court
Constitutional Petition No. D-1681 of 2016,Constitutional Petition No. D-1700 of 2016
Presented By: Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi
Date of hearing and order:- 21.04.2026. M/s. Faheem Ahmed Abro & Kazim Ali Khan Abbasi, advocates for Petitioners. Mr. Masroor Ahmed advocate for Karachi Water & Sewerage Board. Mr. Abdul Jalil Zubedi, Assistant Advocae General Mr. Ghazanfar Ali Khan, Director Personnel K.W & S.B.

(Akhtar Ali

VERSUS

Province of Sindh & others),(Arsalan Ghous & others versus Province of Sindh & others)

Law: Constitution of Pakistan, 1973

Section: 199

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

Section: 3

Summary The petitioners filed constitutional petitions under Article 199 challenging the Karachi Water & Sewerage Board's decision to revert their status from regular to ad hoc employees, stop their salaries, and terminate their services. They contended that they had been lawfully regularized and that the impugned actions violated the applicable service rules and principles of natural justice. The respondents argued that the petitioners' initial appointments were illegal as they were made without advertisement or selection through the prescribed procedure, rendering any subsequent regularization void. The Court held that appointments made in violation of mandatory statutory rules do not create a vested right to regularization. Since the petitioners' appointments were found to be irregular after review by the Departmental Promotion & Selection Committees, the Court upheld the respondents' actions, dismissed the petitions, and held that the petitioners were not entitled to regularization or continuation in service. Sections / Articles Used Article 199, Constitution of the Islamic Republic of Pakistan, 1973 Rule 28, Karachi Water & Sewerage Board Employees (General Conditions of Service) Rules, 1987 Rule 17, Karachi Water & Sewerage Board Employees (Appointment, Promotion & Transfer) Rules, 1987 Section 3, Sindh (Regularization of Adhoc and Contract Employees) Act, 2013 Karachi Water & Sewerage Board Act, 1996 2 Two-Word Descriptions Service Regularization Adhoc Appointments   O R D E R The petitioners have invoked the constitutional jurisdiction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, seeking declaratory and consequential reliefs against the unlawful actions of the respondents with the request that the impugned action of reverting the petitioners’ status from regular to adhoc after their regularization, along with the stoppage of their salaries, be declared illegal, without lawful authority, and of no legal effect. The petitioners further seek a declaration that they continue to be regular employees of the Karachi Water & Sewerage Board, and that the…
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