| Citation(s) |
|---|
| 2026 SLD 3465 2026 SLG 3465 = 2026 SCP 187 |
Supreme Court of Pakistan
C.P.L.A.Nos.584-K, 585-K, 586-K & 597-K of 2025. Appeal against the Judgment dated 27.01.2025 passed by the Sindh Service Tribunal, Karachi in Appeal Nos.1134, 1135, 1136 & 1137/2021 C.M.A.452-K/2025 IN C.P.L.A.584-K/2025 C.M.A.453-K/2025 IN C.P.L.A.585-K/2025 C.M.A.454-K/2025 IN C.P.L.A.586-K/2025 C.M.A.455-K/2025 IN C.P.L.A.597-K/2025 (Stay applications)
Presented By: Justice Muhammad Ali Mazhar Justice Musarrat Hilali
Mr. Abdul Samad Sh. (In person) (Through Video Link from Karachi)
C.P.L.A.Nos.584-K, 585-K, 586-K & 597-K of 2025. Appeal against the Judgment dated 27.01.2025 passed by the Sindh Service Tribunal, Karachi in Appeal Nos.1134, 1135, 1136 & 1137/2021 C.M.A.452-K/2025 IN C.P.L.A.584-K/2025 C.M.A.453-K/2025 IN C.P.L.A.585-K/2025 C.M.A.454-K/2025 IN C.P.L.A.586-K/2025 C.M.A.455-K/2025 IN C.P.L.A.597-K/2025 (Stay applications)
Presented By: Justice Muhammad Ali Mazhar Justice Musarrat Hilali
Mr. Abdul Samad Sh. (In person) (Through Video Link from Karachi)
Nizamuddin Abbasi Kashif Iqbal (In CP.584-K & 597-K/25) (In CP.585-K & 586-K/25) …Petitioners
VERSUS
The Province of Sindh through Chief Secretary, Sindh Secretariat & others (In all cases) .....…Respondents
Law: Sindh (Regularization of Ad hoc and Contract, Employees) Act, 2013
Section: 3,2(b),2(e)
Law: Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1975
Section: 10(1) , (2)
Law: Sindh Civil Servants Act, (XIV of 1973)
Section: 8(4)
Law: Constitution of Pakistan, 1973
Section: 4, 25
Law: Sindh Service Tribunals Act, 1973
Section: 4
Regularization of services shall be effective in terms of Section 3 from the date of promulgation of Sindh (Regularization of Ad hoc and Contract Employees) Act, 2013 which does not violate Rule 10 (1) and (2) of the Sindh Civil Servants (Probation, Confirmation & Seniority) Rules, 1975 or Section 8 of the Sindh Civil Servants Act, 1973. Summary The Sindh High Court allowed these civil petitions (converted into appeals) and set aside the Sindh Service Tribunal’s judgment which had denied seniority from 25.03.2013. The Court held that Section 3 of the Sindh (Regularization of Ad hoc and Contract Employees) Act, 2013 contains a deeming/non obstante clause that makes eligible ad-hoc/contract employees who were in service immediately before 25.03.2013 “deemed to have been validly appointed on regular basis” as of that date; therefore their seniority can be reckoned from 25.03.2013. The matter is remanded to the SST to decide any inter se seniority disputes after hearing the parties, preferably within three months. Core points Background: Petitioners were contract Assistant Directors (BPS-17) appointed c.2006, later regularized and promoted to Deputy Director (BPS-18). Regularization: Sindh (Regularization of Ad hoc and Contract Employees) Act, 2013 (“2013 Act”) promulgated 25.03.2013. Section 3 deems qualifying ad-hoc/contract employees in service immediately before that date to be validly appointed on regular basis. Notifications: Dept. issued notification 09.08.2016 regularizing Ex-NPIW staff; another notification 16.01.2018 gave effect to regularization from 25.03.2013 following HC orders. Dispute: Final seniority list of Deputy Directors (28.05.2021) showed date of regular appointment in BPS-17 as 16.01.2018 (not 25.03.2013), disadvantaging petitioners. Department and some High Court orders treated seniority from date of formal regularization orders instead of the Act’s promulgation date. Legal issue: Whether seniority must be reckoned from the date of promulgation of 2013 Act (25.03.2013) under its deeming clause, or from later departmental/HC regularization dates or promotion orders. Court’s holding: Section…