ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P.No.D-4579 of 2014

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                            Order with signature of Judge   

 

Present :              Mr. Justice Muhammad Ali Mazhar

                        Mr. Justice Muhammad Iqbal Mahar

 

Ashique Ali Shaikh…….……………….……………….….Petitioner

Versus

Province of Sindh and another………………….......Respondents

 

Date of Hearing:-           04.05.2016

 

Mr.Ali Asadullah Bullo, advocate for the petitioner

Mr.Abdul Jabbar Qureshi, AAG

………

Muhammad Ali Mazhar, J: The case of the petitioner is that after complying with the codal formalities, he was appointed vide letter dated 6th September, 2008 as Director (Architect/Planner) in People’s Housing Cell, Government of Sindh, Karachi. Learned counsel for the petitioner submits that the petitioner for last considerable time was performing his duty on contract basis. On promulgation of Sindh (Regularization of Adhoc & Contract Employees) Act, 2013, he has attained status of  permanent worker under Section 3 but his regularization letter has not been issued, therefore, he has approached this court.

          The respondent No.2 has filed comments in which engagement of the petitioner was not denied. However, it is stated that last contract of the petitioner was expired on 7th September, 2014, therefore, the petitioner’s case was not sent to Regularization Committee constituted by the government. It is further stated that there was a performance issue also. Main plea is that since petitioner’s contract period was expired on 07.09.2012 and Scrutiny Committee was formed on 16.09.2014, therefore, his case  was not sent which in our opinion, is not a correct legal position as admittedly when the law was promulgated, the petitioner  was in contractual engagement of the respondent No.2, therefore, his case should have been sent to Scrutiny Committee for their consideration. Learned AAG in view of comments filed by the respondent No.2, concedes that the directions may be issued to Scrutiny Committee to scrutinize the petitioner’s case in accordance with law, on which the petitioner’s counsel is satisfied.

The petition is disposed of accordingly. Scrutiny Committee will complete this exercise within 03 months and forward their recommendation to the competent authority in accordance with law.

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