ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

______________________________________________________

Date Order with signature of Judge

Present

Mr. Justice Muhammad Ali Mazhar.

Mr. Justice Syed Saeeduddin Nasir.

C.P No.D-3310 of 2014

Akram Basheer & others ...…………. Petitioners

V E R S U S

Province of Sindh,& another ……………. Respondents

------

C.P No.D-3479 of 2014

Syed Hassan Raza ...…………. Petitioner

V E R S U S

Province of Sindh,& another ……………. Respondents

C.P No.D-6084 of 2014

Muhammad Zeeshan ...…………. Petitioner

V E R S U S

Province of Sindh,& others ……………. Respondents

Date of hearing 29.11.2016

M/s. Faizan H. Memon and Mohammad Saleem Khaskheli, advocates for the petitioners in C.P No.D-3310 and 6084 of 2014.

Mr. Shuja Abbas Rizvi, advocate for the petitioner in C.P No.D-3479 of 2014.

Mr. Tariq Hussain advocate for the Respondents

Mr. Sibtain Mehmood, A.A.G.

Mohammad Nadeem, Deputy Secretary, Information, Science & Technology, Government of Sindh.

-------------------------

Muhammad Ali Mazhar, J: The brief facts of the case are that the Information, Science and Technology Department, Government of Sindh invited applications for different posts through newspapers to work on a project for domicile and P.R.C. automation in collaboration with NADRA. The petitioners have applied for different posts and they were issued appointment order by the Information and Technology Department, Government of Sindh in the month of August, 2012 with the condition that the contract will be terminated automatically without further notice on expiry of project.

2. Learned counsel for the petitioners argued that all the petitioners had performed their duties up to 30.06.2014 and in the meanwhile the Sindh Government promulgated the Sindh (Regularization of Ad-hoc and Contract Employees) Act, 2013 on 25^th March, 2013. He further argued that since the petitioners were performing their duties regularly though on contract basis, therefore, they have attained the status of permanent employees in terms of aforesaid Act. He further referred to clause (e) of Section 2 which defines that post means the post held by an employee in Government department and includes the post in a Project of such department in connection with the affairs of the Province. Learned counsel argued that despite performing their duties on a project, the petitioners are entitled to be treated as permanent employees in terms of the Act, 2013 and their services should have been regularized but no action was taken by the department. The counsel for the petitioners has also placed on record a letter written by Section Officer, Government of Sindh, Information Department to the Section Officer, Services General Administration & Co-ordination Department, Government of Sindh, whereby, a list of contract and ad-hoc employees from B.S-1 to B.S-18 was forwarded for necessary action and according to the petitioners’ counsel, the names of all petitioners are mentioned in the list.

3. On the contrary, Muhammad Nadeem, Deputy Secretary, Information & Technology Department, Government of Sindh pointed out that in the advertisement it was clearly mentioned that the project was to be commenced in collaboration with NADRA and he invited our attention to page 259 which is a notice dated 09.06.2014 through which the individual petitioners were informed that for the project “Computerization of Domicile & PRC in collaboration with NADRA” the competent authority has decided to relieve the contractual staff as there would be no provision for the payment of salary after 30.06.2014 as per approved PC-I. He further submits that since the project was shelved, therefore, no further extension was allowed. However, he admits that the Sindh Government has already constituted Scrutiny Committees for considering the cases of contract employees of the different departments of Government of Sindh.

4. Learned counsel for the petitioners requests that the case of petitioners may be referred to the Scrutiny Committee to consider as to whether they are entitled for the regularization or not. Learned A.A.G admits that in terms of the aforesaid Act, 2013, three committees have been formed by the Government of Sindh to consider the cases of different departments for regularization. He further submits that in this case also the names of the petitioners may be referred to the concerned Scrutiny Committee where the entire material will be placed on record for consideration of the Scrutiny Committee to pass an appropriate order in accordance with law. The Deputy Secretary, Information & Technology Department, Government of Sindh will send the names of the petitioners along with working paper to the Chief Secretary, Sindh for onward transmission to the concerned Scrutiny Committee. This exercise shall be completed preferably within three (03) months. All petitions are disposed of in above terms along with pending applications.

JUDGE

Aadil Arab