ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

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Date Order with signature of Judge

Present

Mr. Justice Muhammad Ali Mazhar

Mr. Justice Muhammad Iqbal Mahar

C.P No.D- 6979 of 2015

Dr.Asma Riaz & others……..…v/s…...Province of Sindh & others

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C.P No.D-7697 of 2015

Dr.Marvi Shah & others..…v/s…...Province of Sindh & others

C.P No.D-1448 of 2016

Dr.Kaneez Zehra & others..…v/s…...Province of Sindh & others

Date of hearing 04.05.2016

M/s Asad Shakeel, Dhani Bux and Tariq Ali Jakhrani advocates for the petitioners.

Mr. Abdul Jabbar Qureshi A.A.G

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Muhammad Ali Mazhar, J: All the petitioners have approached this Court with prayers that the respondents be directed to regularize their services under Section 3 of the Sindh (Regularization of Adhoc and Contract Employees) Act, 2013.

2. Brief facts of the case are that all the petitioners in pursuance to advertisement, applied for different posts and after scrutiny of their applications by Sindh Public Service Commission they were called upon to appear in the written test and interviews and were declared successful and appointed on contract basis.

3. Today, though the urgent application has been moved but learned AAG pointed out that in C.P No.D-6979/2015 and 7679/2015 comments have already been filed by respondent No.1 i.e. Secretary Population Welfare Department, Government of Sindh. So far as C.P No.D-1448/2016 is concerned, though notice has been issued, learned AAG submits that since this petition also pertains to same Department, therefore, he adopts counter affidavit filed by the same Department in two aforesaid Constitution Petitions. By consent the above petitions were taken up for hearing.

4. When we looked into the counter affidavit we found that there is no serious opposition by respondent rather they have accepted that contracts were extended from time to time and efforts are also being made for the purposes of Regularization in terms of Section 3 Sindh (Regularization of Adhoc and Contract Employees) Act, 2013. For the ease of reference Paragraphs No.16 & 17 of counter affidavit filed by respondent No.1 are reproduced as under:-

“16. As regard to para No.16, it is submitted that after promulgation of the Sindh (Regularization of Adhoc and Contract Employees) Act, 2013. The government of Sindh in pursuance of Section 3 of the said Act and with the approval of Competent Authority i.e. Chief Minister, Sindh has constituted the Scrutiny Committee to scrutinize the eligibility of the employees appointed on Adhoc or Contract Basis for the purpose of the said act vide notification dated 16^th September, 2014. Accordingly, the Scrutiny Committee No.3 for the posts in BS-16 to 18 is processing the cases in accordance with Terms of Reference of the aforesaid committee. The first meeting of the Scrutiny Committee which was to be held on 26.05.2015 was postponed due to non representation from the SPSC. The Scrutiny Committee meeting was again called on 30.07.2015, but same was also postponed.

17. The contents of para No.17, are admitted with clarification that department has extended their contract period with bonafide intention to continue their services till the finalization of the process of Scrutiny Committee as mentioned against para No.16/above.”

5. In concluding paragraph it is stated that since the regularization and additional pay allowance are under active process, therefore, the petition may be disposed of accordingly.

6. After seeing comments by learned counsel for the petitioners, they are satisfied and submit that petitions may be disposed of with some directions to finalize the regularization process within reasonable period of time on which learned A.A.G is also agreed.

7. As a result of above discussion, all the petitions are disposed of alongwith pending applications with the directions to the Respondents to complete the process of regularization in accordance with law within a period of three months.

JUDGE

S.Soomro/PA