ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P.No.D-287 of 2013

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Date Order with signature of Judge

Present

Mr. Justice Muhammad Ali Mazhar.

Mr. Justice Abdul Maalik Gaddi.

Maulana Syed Muhammad

Auqil Khan & others ...…………. Petitioners

V E R S U S

Province of Sindh & others…………… Respondents

Date of hearing 28.10.2016

Mr. Mohammad Haseeb Jamali, Advocate for the Petitioners.

Mr. Faiz Mohammad Awan, Advocate for the Respondent Nos. 2 & 3.

Mr. Abdul Jalil Zubedi, A.A.G.

Mr.NaseemSahito, Chief Administrator Auqaf, Government of Sindh.

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Muhammad Ali Mazhar, J: This petition has been brought to seek directions against the respondents to regularize the services of the petitioners.

2. On last date of hearing in order to assist this court, we issued notice to the Chief Administrator,Auqaf who is present. The petitioners have asserted that they are performing their duties for last eight or nine years. During pendency of this petition, out of total 27 petitioners, 7 have been regularized but after regularization, one of the petitioners Maulana Iftekhar Ahmed (petitioner No.7) has expired now the matter is pending only regularizing the services of the petitioner No.8 to 27 after due consideration.

3. The learned counsel argued that petitioners are performing their duties regularly but no issue or complaint against their performance has been raised nor any show cause notice or explanation has been issued to them. He also referred to Sindh (Regularization of Ad-hoc and Contract Employees) Act, 2013 and argued that in pursuance of this Act, the petitioners shall deem to have been regularized in the service but their Notification for regularization has not been issued.

4.Mr. Naseem Sahito, Chief Administrator, Auqaf, Government of Sindh informed that before his joining, the contracts of the aforesaid petitioners were already expired. However, he submits that the Government has constituted the Regularization Committee and he will prepare working paper and submit the names of all such petitioners to the Secretary, Auqaf for considering their regularization in pursuance of Sindh (Regularization of Ad-hoc and Contract Employees) Act, 2013. He further submits that at present due to interim order, further vacancies could not be advertised for recruitment, however, he agreesthat the posts on which the petitioner Nos. 8 to 27 are performing their duties will not be advertised but to fill these posts, the cases of petitioners will be sent to the Regularization Committee for consideration. He also admitted rather shown deep concern that the petitioners are performing their duties on a meagre salary, therefore, before sending their case for regularization, their formal contract letters will be issued with some extension so that no embargo or bar shall be created before the Regularization Committee while considering their case for regularization to the permanent post that at present they are not in job while the learned counsel for the petitioners argued that petitioners are performing their duties regularly even without extension. The learned A.A.G is also of the view that the matter may be sent to the Committee for considering the cases. He further argued that the regularization if any shall be made within B.P.S-1 to B.P.S-15 and these are not the posts which might be filled through Sindh Public Service Commission.

5.As a result of above discussion, this petition is disposed of along with pending applications. Let the names of petitioner No. 8 to 27 be sent to the Regularization Committee through Secretary, Auqaf, Government of Sindh. The Chief Administrator Auqaf will forward the names of the petitioners to the Secretary Auqaf within 20 days, thereafter, the Regularization Committee shall decide the cases of regularization of the petitioners within sixty (60) days. The report shall be submitted to this court through M.I.T-II of this Court.

Judge