4020/2018 Const. P. Syed Sikandar Ali Shah (Petitioner) V/S Fed. of Pakistan and Others (Respondent)

4020/2018 Const. P. Syed Sikandar Ali Shah (Petitioner) V/S Fed. of Pakistan 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: 25-APR-25

The Supreme Court has ruled that contractual employees do not have an automatic right to regularization unless explicitly supported by law or policy. Regularization lacking such a legal foundation is deemed a violation of fairness, transparency, and meritocracy. Furthermore, the argument of discrimination in such cases has been rejected by the apex court, as discrimination presupposes a legal entitlement to the initial benefit, which is absent. Consequently, regularization necessitates legal backing and a transparent, merit-based procedure. The Supreme Court underscores that regularization is primarily an executive policy decision, generally not subject to judicial intervention. Courts can only review such policies if they infringe upon constitutional rights. The principle of institutional autonomy, crucial for effective decision-making, further supports judicial restraint in policy matters. This autonomy is vital for public institutions to protect public interest and uphold democratic values, including academic freedom.