Law: Constitution of Pakistan, 1973

Section: 199, 3, 4, 9, 14, 25, 27

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

Section: 2, 3

Law: Sindh Civil Servants Act, (XIV of 1973)

Section: 25

Law: Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974 -

Section: 3, 10, 11, 12

  Summary The petitioner, an Assistant Director (BPS-17) in the LARMIS project of the Board of Revenue Sindh, filed a constitutional petition under Article 199 seeking regularization of his contract service under the Sindh (Regularization of Adhoc and Contract Employees) Act, 2013. He contended that he was appointed through a competitive process, had served since 2012, and was entitled to regularization under Section 3 of the Act. The respondents opposed the claim, arguing that his appointment was contractual and had deficiencies in the recruitment process. The Court observed that the petitioner was appointed against a project post, through advertisement and selection, and that administrative shortcomings could not deprive him of the benefit of beneficial legislation. It held that the petitioner’s case fell within the scope of Section 3 of the 2013 Act and that he was discriminated against compared to similarly placed employees. The Court set aside the Scrutiny Committee’s decision and directed the Revenue Department to refer the petitioner’s case to the Sindh Public Service Commission (SPSC) for assessment and regularization in accordance with law. Sections / Articles Used Article 199, Constitution of the Islamic Republic of Pakistan, 1973 Article 3, Constitution of the Islamic Republic of Pakistan, 1973 Article 4, Constitution of the Islamic Republic of Pakistan, 1973 Article 9, Constitution of the Islamic Republic of Pakistan, 1973 Article 14, Constitution of the Islamic Republic of Pakistan, 1973 Article 25, Constitution of the Islamic Republic of Pakistan, 1973 Article 27, Constitution of the Islamic Republic of Pakistan, 1973 Section 2, Sindh (Regularization of Adhoc and Contract Employees) Act, 2013 Section 3, Sindh (Regularization of Adhoc and Contract Employees) Act, 2013 Sindh Civil Servants Act, 1973 Section 25, Sindh Civil Servants Act, 1973 Rules 3, 10, 11 & 12, Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974 2 Two-Word Descriptions Service Regularization Contract Employment   O R D E R Through the instant Petition, the Petitioner has claimed following relief(s): Declare that act of Respondents…