2668/2021 Const. P. Dhoni Das (Petitioner) V/S Province of Sindh and Others (Respondent)
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
2668/2021 Const. P. Dhoni Das (Petitioner) V/S Province of Sindh and Others (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 29-MAY-25
Regularization of employment hinges on legal backing. Without a specific law, policy, or rules governing regularization, an individual cannot simply petition the High Court for this relief. Both parties acknowledged that the petitioners were hired for temporary, contract-based positions, as explicitly stated in their employment contracts. These contracts also stipulated that they could not claim regularization. This aspect of the lack of qualification of the post as pointed out cannot be overlooked by this Court; these crucial details cannot be basis of principle to grant relief as they have already been nonsuited. The application of the law applied by the respondents while scrutinizing the cases of the petitioners is correct appreciation of law and supported by both regularization policy and existing legal precedents, rendering the decision of scrutiny committee valid and sustainable as the issue of qualification has been raised as this Court cannot change the disqualification into qualification. On the aforesaid proposition we are supported by the decision of the Supreme Court in the case of Government of Khyber Pakhtunkhwa v. Sher Aman (2022 SCMR 406). 8. For the foregoing reasons, this petition is found to be meritless and is dismissed.