ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI.

C. P. No.D-2061 of 2014

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DATED: ORDER WITH SIGNATURE OF JUDGE.

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1. For Katcha-Peshi.

2. For hearing of CMA No.9627/14

21^st May, 2015

Malik Naeem Iqbal, Advocate for the Petitioners.

Mr. Abdul Jalil Zubedi, A.A.G. along with Mr. Muhammad Ali, Assistant Commissioner, Mirpur Sakro representing Deputy Commissioner, Thatta.

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The case of the Petitioners is that they are performing their duties on contract basis. The nomenclature of post of each Petitioner is already mentioned in the title of the petition i.e. Deputy District Officer, Computer Operators, Drivers and Sanitary Worker. They have approached this Court for the directions against the Respondents to regularize their services and continue to pay their salaries.

Learned A.A.G. filed comments of the Respondent No.5 (Deputy Commissioner, Thatta) in which most of the averments made in the petition have been admitted. In response to para-5, the Deputy Commissioner further stated that Respondent No.2 requested to provide list of employees working in the office of Respondent No.5 on contract basis, which was submitted accordingly but the Respondent No.5 is not competent authority to regularize services of the Petitioners. He further admitted that the salaries of the Petitioners were stopped due to non-availability of funds with the Respondent No.5, however, it is clearly mentioned that this is domain of the Respondents No.1 and 2 to regularize the service of the Petitioners.

Learned counsel for the Petitioners argued that the Petitioners are performing their contractual obligations hence they are entitled to be regularized in view of Sindh (Regularization of Adhoc and Contract Employees) Act, 2013. He further argued that this court has already decided similar controversy in the case of Dr. Iqbal Jan & others Vs. Province of Sindh & others reported in 2014 P L C (C.S) 1153 authored by one of us (Muhammad Ali Mazhar, J), in which Section 3 of the aforesaid Act was dealt with and finally the petition was allowed in terms of para-10 of the Judgment. He further argued that the Judgment of Dr. Iqbal Jan & others was challenged by the Government of Sindh in the honourable Supreme Court of Pakistan but the said appeal was withdrawn and the Judgment holds the field.

Learned A.A.G. argued that the Government of Sindh has already constituted Committee for the purposes of regularization of various contractual employees and he has no objection if this petition is disposed of in terms of Judgment passed in the case of Dr. Iqbal Jan & others (supra). He also admits in view of the comments of the Deputy Commissioner that the list was submitted by Respondent No.5 to the Respondent No.2 in relation to the contractual employees (supra).

In view of the above, this petition is disposed of in terms of para-10 of the case of Dr. Iqbal Jan & others.

Judge

Riaz/P.A/*