IN THE HIGH COURT OF SINDH

CIRCUIT COURT, LARKANA

 

Present:

Irshad Ali Shah, J.

Agha Faisal, J.

 

CP D20 of 2018                   :           Faheem Ali Lund vs.

Province of Sindh & others

 

For the Petitioner                 :           Mr. Muhammad Aslam Bughio, Advocate

 

For the Respondents          :           Mr. Liaquat Ali Shar, Addl. A.G.

                                                           

Dates of hearing                  :           23.02.2022.

 

Date of announcement      :           23.02.2022.

 

 

JUDGMENT

 

Agha Faisal, J.         Petitioner seeks extension of his employment, ostensibly granted for two years, vide contract dated 30thMarch, 2012, long since expired. Admittedly, there is no existing relationship between the parties. The august Supreme Court has maintained in Khushal Khan[1] that the High Court lacked jurisdiction to revive, amend or alter contracts and that the relationship of contractual employees is governed by principles of master and servant. A Division Bench of this Court has held in Anjum Badar[2] that contractual employees were debarred from invoking the constitutional jurisdiction of this Court. Even otherwise this petition is hit by laches. It is, thus, our deliberated view that the petitioner has failed to set forth a case for exercise of the discretionary[3] writ jurisdiction of this Court. In view hereof, we are constrained to observe that the petition is misconceived, hence, is hereby dismissed.

 

                                                                   JUDGE

 

JUDGE


[1]Per Ijaz ul Ahsan J in Khushal Khan Khattak University & Others vs. Jabran Ali Khan & Others reported as 2021 SCMR 977.

[2] Per Nadeem Akhtar J in Anjum Badar vs. Province of Sindh & Others reported as PLD 2021 Sindh 328.

[3] Per Ijaz Ul Ahsan J. in Syed Iqbal Hussain Shah Gillani vs. PBC & Others reported as 2021 SCMR 425; Muhammad Fiaz Khan vs. Ajmer Khan & Another reported as 2010 SCMR 105.