ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P.No.D-1950 & 4433 of 2012

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Order with signature of Judge

C.P.No.D-1950/12

1. For Katcha Peshi

2. For hearing of CMA No.443/15 (contempt)

3. For hearing of CMA No.11318/12 (stay)

C.P.No.D-4433/12

1. For Katcha Peshi

2. For hearing of CMA No.43329/12 (stay)

30.01.2015

M/s.Zamir Hussain Ghumro and Faizan Memon, Advocates for petitioners

Mr.Sibtain Mehmood, AAG

M/s.Bakhsh Ali Mehar, Additional Secretary (Admin), Abdul Samad Shaikh, Incharge Legal Section and Muhammad Saleem Shaikh, Deputy Secretary, Ministry of Agriculture are present

………

1. The case of the petitioners in both the petitions is that they were appointed on contract basis in the year 2005 after fulfilling the requisite formalities and laid down selection procedure. It is further stated that the Federal Government in its meeting held on 04.06.2008, decided to regularize services of all contract employees and in this regard, a summary was also floated to the Chief Minister, which is available at Page-227, in which it was proposed that services of contract staff working under NPIW Project may be regularized with effect from 01.07.2008, by presenting a Bill in the Sindh Assembly.

2. Learned counsel for the petitioners pointed out the judgment reported in 2014 PLC (C.S.) 1153 (Dr.Iqbal Jan and others v. Province of Sindh and others), authored by one of us (Muhammad Ali Mazhar J.,), in which the Sindh (Regularization of Ad-hoc and Contract Employees) Act, 2013, was discussed in detail and after hearing the arguments, the petition was disposed of in terms of Para-10 of the judgment, which is reproduced as under :-

“10. Learned counsel for petitioners and learned A.A.-G., both, extensively argued the matter and agreed that this petition may be disposed of at Katcha Peshi stage. In view of the above, this petition is admitted to regular hearing and disposed of in the following terms:---

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(1) All the petitioners shall be deemed to have been validly appointed on regular basis in view of section 3 of the Sindh (Regularization of Ad hoc and Contract Employees) Act, 2013.

(2) The Hon’ble Supreme Court in its order passed in Civil Appeals Nos.84-K to 86-K of 2012, left it open to the government to take appropriate action against the respondents, against whom they have reservation about their fitness and eligibility. If in this case, the competent authority has any such reservation regarding the fitness or eligibility of any petitioner, they may take appropriate action but such exercise should be taken strictly in accordance.

(3) Entire exercise should be completed within a period of two months positively.

(4) C.M.A. No.33746 of 2013 was moved by an intervener but nobody appeared for her, hence this application is dismissed for non-prosecution. However other listed applications are also disposed of in terms of this judgment.”

3. The judgment passed by this court was challenged in the hon’ble Supreme Court in C.P.L.A.No.237-K of 2014 but learned Advocate General Sindh did not press the petition and undertook that judgment of this court referred to above will be implemented in letter and spirit. The petition was disposed of by the hon’ble Supreme Court with the directions that the Government of Sindh shall fully implement the judgment of High Court in letter and spirit within one month from today.

4. Learned counsel for the petitioners argued that the case of petitioners is at par with the case of Dr.Iqbal Jan, in which this court has already passed the order in their favour and the Province of Sindh withdrawn the appeal from the hon’ble Supreme Court.

5. The learned AAG argued that Services, General Administration & Coordination Department (Regulation Wing), Government of Sindh has already issued a Notification No.SORI(SGA&CD)12-3/2013, dated 16.09.2014, whereby they have constituted a Committee in pursuance of Section 3 of Sindh (Regularization of Ad hoc and Contract Employees) Act, 2013, so the learned AAG endorsed his no objection if these petition are also disposed of in terms of the judgment passed by this court in the case of Dr.Iqbal Jan.

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6. By consent, the aforesaid petitions are disposed of in terms of Para-10 of the judgment reported in 2014 PLC (C.S.) 1153 (Dr.Iqbal Jan & others v. Province of Sindh & others). All pending applications are also disposed of.

J U D G E