ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C. P. No.S-2199 of 2011

Date of

Hearing

ORDER WITH SIGNATURE OF JUDGE

01.02.2022.

1. For hearing of M.A. No.5673/2011.

2. For hearing of Main Case.

Mr. Ghulam Dastagir A. Shahani, advocate for the petitioners.

Mr. Abdul Hamid Bhurgri, Addl. A.G.

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It is contended by learned counsel for the petitioners that the petitioners were appointed as Lab Attendants on contract basis in year 2008, therefore, the respondents be directed to regularize their services.

Learned Addl.A.G while making reference to comments filed by the Secretary, Education and Literacy Department, Government of Sindh, has sought for dismissal of the instant constitutional petition by contending that the appointment orders of the petitioners are fake and bogus.

In rebuttal to above, it is contended by learned counsel for the petitioners that the petitioners are contractual employees and comments filed on behalf of the Secretary, Education and Literacy Department, Government of Sindh, are based on false information.

We have considered the above arguments and perused the record.

The appointment orders of the petitioners being fake or bogus are involving factual controversy; same could not be resolved by this Court in exercise of its constitutional jurisdiction. If for the sake of arguments, it is believed that the petitioners were actually appointed by the respondents as Lab Attendants on contract basis in year 2008, then such contractual period having expired a decade ago, could hardly create a right in their favour for regularization of their services at the cost of aspiring candidates to be appointed on merits after due publicity.

In case of Khushal Khan Khatak University Vs. Jabran Ali Khan and others (2021 SCMR-977), it has been held by the Honourable Apex Court that;

“Therefore, the Respondents cannot disown the terms and conditions of their own employment contracts and claim permanent employment when at the very inception of their employment they had accepted contractual employment on the conditions that they would have no right to claim regularization”

In view of facts and reasons discussed above, the instant constitutional petition fails and is dismissed accordingly together with listed application.

JUDGE