6595/2017 Const. P. Ms. Khizra Saeed (Petitioner) V/S Fed of Pakistan & Ors (Respondent)
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
6595/2017 Const. P. Ms. Khizra Saeed (Petitioner) V/S Fed of Pakistan & Ors (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 21-APR-25
The regularization of contractual employees through writ jurisdiction under Article 199 of the Constitution is contingent upon its permissibility under existing law and a universally applicable policy decision, provided the organization in question falls under the High Court's writ jurisdiction. This principle was also upheld by the Supreme Court in the case of Faraz Ahmed vs. Federation of Pakistan (2022 SCMR 1680). The Supreme Court specifically established that contractual employees do not possess an inherent right to regularization. However, their regularization may be considered based on their fitness, suitability, and the relevant laws, rules, and regulations of their respective department. An automatic right to regularization does not exist unless explicitly provided by law, and employees seeking it must demonstrate a statutory basis for their claim; otherwise, relief cannot be granted.