6241/2016 Const. P. Anjum Badar (Petitioner) V/S Province of Sindh and Ors (Respondent)
Sindh High Court
Bench: Hon'ble Senior Pusine Mr. Justice Nadeem Akhtar(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon
Order Date: 08-APR-21
petitioners have prayed that their temporary contractual appointments / services be regularized in BPS-17 under Section 3 of The Sindh (Regularization of Adhoc and Contract Employees) Act, 2013---Whether temporary employees appointed on contract in BS 16 and above can be deemed to have been validly appointed on regular basis, without going through the competitive process of selection through the Sindh Public Service Commission, merely in view of Section 3 of the Act of 2013 ?--Whether the mandatory requirement of competitive process of selection only through the Sindh Public Service Commission for appointments in BS 16 and above, which is the command of the Constitution and specific direction to the Government of Sindh by the Honble Supreme Court, can be waived, relaxed, done away with, exempted and or bypassed in view of Section 3 of the Act of 2013 ?--Whether the petitioners have any vested right for regular appointment, or to claim regularization, or to approach this Court in its constitutional jurisdiction to seek redressal of their grievance relating to regularization ; and, is there any corresponding legal duty cast on the Government of Sindh to appoint them on regular basis ? If no, then can a writ of mandamus to this effect be issued against the Government of Sindh ? --Whether Section 3 of the Act of 2013, to the extent of regularization / appointment in BS 16, 17 and 18 without the mandatory competitive process of selection through the Sindh Public Service Commission, is ultra vires the Constitution and against the law laid down and the direction given by the Honble Supreme Court to the Government of Sindh in Ali Azhar Khan Baloch and others V/S Province of Sindh and others, 2015 SCMR 456.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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