5066/2024 Const. P. Ayaz Hussain and 432 Others (Petitioner) V/S Province of Sindh & Others (Respondent)

5066/2024 Const. P. Ayaz Hussain and 432 Others (Petitioner) V/S Province of Sindh & 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: 19-DEC-24

Given the legal analysis on the subject issue, we are of the view that the claim of the petitioners for retroactive regularization from their initial contract appointment and seniority and promotion thereon, from that angle is not legally sound, besides promotion and seniority, not absolute rights, they are subject to rules and regulations if the recruitment rules of the subject post permit the case of the petitioners for promotion may be considered, however, we are clear in our point of view that contractual service cannot be considered for seniority and promotion as the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum fitness, subject to availability of vacancy subject to the approval of the competent authority. The regularization of the petitioners shall be considered from the date of their regularization. On the aforesaid proposition, we are guided by the decision of the Supreme Court in the case of Deputy Director Food Faisalabad Division, Faisalabad, etc. vs Muhammad Tauqir Shah and others vide order dated 10.03.2021passed in C.P.43-L/2021 to C.P.58-L/2021.