ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
C.P.No.D-3462 of 2010
___________________________________________________________
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
………
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
-
: 2 :-
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
J U D G E