6632/2019 Const. P. Fareed Ali and Ors (Petitioner) V/S Province of Sindh & Others (Respondent)

Sindh High Court2020

Bench: Hon'ble Senior Pusine Mr. Justice Nadeem Akhtar, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)

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6632/2019 Const. P. Fareed Ali and Ors (Petitioner) V/S Province of Sindh & Others (Respondent) Sindh High Court Bench: Hon'ble Senior Pusine Mr. Justice Nadeem Akhtar, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 16-OCT-20 regularization in MDA--In our view, every post is required to be filled through the method prescribed by law not otherwise. In the present case, the petitioners are admittedly Adhoc and contractual employees of the respondent-authority and thus have no vested right for regular appointment. So far as contract employment is concerned, In our view, a contract employee, whose period of contract employment expires by efflux of time, carries no vested right to remain in employment and this Court cannot force the respondent-authority to regularize or extend the contract period of the petitioners in writ jurisdiction. Prima-facie we do not see any illegality in advertising the subject posts to be filled through a competitive process, which is the requirement of law--It is well-settled that if a policy manifestly inconsistent with the Constitutional commands, retrogressive in nature, and discriminatory inter se the populace is not immune from judicial review.
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