ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P.No.D-3462 of 2010

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Order with signature of Judge

For Katcha Peshi

24.02.2014

Mr.Zulfiqar Ali Langah, advocate for petitioner

Mr.Abdul Jaleel Zubedi, AAG

Mr.Abdul Sadiq Khan Tanoli, Standing Counsel

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Petitioner has prayed that directions be given to respondents to confirm/regularize petitioner who is performing his duty as Tube Well Chowkidar on daily wages in LBOD, Irrigation Department, Shaheed Benazirabad. Petitioner has also asserted that respondent is bound to comply with Labour Policy 2010 and shall also pay minimum wages. There is no doubt that petitioner is performing his duty on daily wages. Respondent No.4 Executive Engineer Drainage Division, L.B.O.D., Shaheed Benazirabad has filed comments in which he has clearly stated that petitioner has never submitted any application for regularization. It is further stated that S.N.E., of 465 employees and 232 contingent staff have already been submitted to Government, Finance Department through proper channel vide letter No.EC/G-148/89 dated 08.01.2011 for regularization. Alongwith his comments, he has also attached copy of letter dated 08.01.2011. It is further stated in the comments that petitioner’s services will be regularized as and when sanction of S.N.E., 2011-12 received from Finance Department, Government of Sindh. Learned AAG pointed out comments of respondent No.5 in which they have stated that conversion of contingent-paid establishment into regular establishment does not come within the purview of S.N.E. It is further stated that regularization of S.N.E., staff is beyond the mandate of Finance Department. Requisition for S.N.E., was submitted by Executive Engineer to Project Director SCARP North Rohri, Shaheed Benazirabad which is still awaited. Petition is disposed of with the

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direction that as and when cases of other Tube Well Chowkidars working on daily wage will be considered for regularization of job after approval of S.N.E., if any, the case of petitioner will also be considered on same lines. Petition disposed of.

J U D G E