ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

C.P No.D- 244 of 2014

DATE ORDER WITH SIGNATURE OF JUDGE

1. For Katcha Peshi.

2. For hearing of MA 1435/14

14.06.2016.

M/s Muhammad Yousuf Laghari and Altaf Ahmed Shahid Abro, Advocates for petitioners, who are also present.

Mr. Habib-ur-Rehman Jamali, Advocate for respondents No.2 to 5 alongwith Gulzar Ali Khushik, Project Director, Gorakh Hills Devoplment Authority

Mr. Allah Bachayo Soomro, A.A.G.

-.-.-.

The case of the petitioners is that they were appointed on contract basis in the Gorakh Hills Devoplment Authority. Their appointment letters and other extension orders are attached. They have approached this Court for regularization of their services under the Sindh (Regularization of Adhoc and Contract Employees) Act, 2013.

Learned counsel for the petitioners pointed out page 103 of the Court file which is letter sent by Section Officer-II, Services, General Administration and Co-ordination Department, Government of Sindh, whereby they required the list of all contract and adhoc employees from different departments. Then another letter dated 08.03.2013 is also available at page 105 which was again written by Section Officer, Tourism Department, Government of Sindh to four different authorities including Director General, Gorakh Hills Devoplment Authority Karachi. On 08.03.2013, the Section Officer, Tourism Department, Government of Sindh also written a letter to Section Officer-II, Services, General Administration and Co-ordination Department, Government of Sindh and also attached a list of contract and adhoc employees of Gorakh Hills Devoplment Authority, Government of Sindh. This list was issued and signed by Engineer Nazeer Ahmed Jakhrani, Director General, Gorakh Hills Devoplment Authority on 08.03.2013. In this list of employees the names of the petitioners are mentioned at serial Nos.9, 10, 13 and 14. Learned counsel argued that despite sending the names of the contract employees to the concerned authority no action has been taken so far for consideration of their regularization in job.

Learned A.A.G filed the comments of respondents to 2 to 5 in which it is stated that on completion of contractual period of appointment the petitioners ceased to be employees of Gorakh Hills Devoplment Authority. It is further stated that the contractual period of the petitioners have completed therefore, they are ceased to be the employees of Gorakh Hills Devoplment Authority, Government of Sindh. In the comments filed by respondent No.3 alongwith letter of learned A.A.G dated 16.10.2014, it is mentioned in paragraph 6 that list of officials were sent to Tourism Department for their regularization, however, no order was passed by the Secretary, Tourism so far. While the learned A.A.G filed comments again on 07.06.2016 in which contrary view was taken that on expiry of contractual period the petitioners ceased to be the employees of authority.

Learned counsel for Gorakh Hills Devoplment Authority submitted that mostly the employees are performing their duties on contract basis except few. He further argued that the petitioners were employed on contract basis and performing their duties on different projects and after completion of the projects their services were no more required.

If look into Section 3 of the Sindh (Regularization of Adhoc and Contract Employees) Act, 2013, it is clearly mentioned that an employee appointed on adhoc and contract basis or otherwise (excluding the appointment on daily-wages and work-charged basis), against the post in BS-1 to BS-18 or equivalent basic scales, who is otherwise eligible for appointment on such post and is in service in the Government department and it’s project in connection with the affairs of the Province, immediately before the commencement of this Act, shall be deemed to have been validly appointed on regular basis.

It is also the case of the petitioners that their contract was extended in the year 2013 for further period but before expiry of their period they were disallowed to perform their duties and even no letter of termination was issued to them. In order to support this plea they have also attached Muster Roll to show their attendance. Learned counsel for the petitioner also referred to 2014 PLC (C.S.) 1153 in which the division Bench of this Court considered the Sindh (Regularization of Adhoc and Contract Employees) Act, 2013, and passed the judgment authored by one of us (Muhammad Ali Mazhar,J).

As a result of above discussion, the Secretary of the respondent No.1 is directed to look into the matter personally and if the names of contractual employees of Gorakh Hills Devoplment Authority were sent to him then he should consider the cases of the petitioners for regularization in accordance with the law. We are also aware that for the purposes of regularization of employees, the Government of Sindh has also constituted Scrutiny Committees, where the matters are placed to examine the credentials as well as eligibility of the employees. The Secretary Tourism may also refer to the cases of the petitioners to the concerned Scrutiny Committee for consideration and passing appropriate orders in accordance with the law. This exercise should be completed within three months. Petition is disposed of accordingly alongwith listed application.

JUDGE

Ali Haider