The Sindh High Court (SHC) has rejected a petition concerning the regularization of the Sindh government’s contract-based employees from grade 16 and above in different government departments.
In a landmark judgment, the SHC ordered the provincial government to withdraw the purported regularization of all such contractual employees and beneficiaries forthwith.
The court, while directing the Sindh Chief Secretary to submit a compliance report in this regard, also sought the lists of all contractual employees previously regularized on these grades under Section 3 of the Sindh (regularization of ad hoc and contract employees) Act 2013.
ALSO READ
Cambridge Announces Its COVID-19 SOPs Plan for Exams
The petitioners, Anjum Badar, and others had sought the court order for regularization of their contractual appointments in Grade 17 under the said law.
A counsel for the plaintiffs submitted that the recruitment to the posts of grade 16 and above were made through the Sindh Public Service Commission to regulate their services.
The counsel argued that the petitioners fell within the ambit of the Act and their services should be regularized under the Act.
They also contended that they had given significant time to their respective departments and if their appointments were not made permanent, it would be difficult for them to find fresh employment at any other place.
The Sindh Advocate General, however, argued that the employees appointed on a contractual basis are not civil servants. Hence the regularization laws don’t apply to them. He maintained that the contractual appointments violated the seniority rule, strongly maintained by the Supreme Court in various judgments.
ALSO READ
IMF Report Applauds COVID-Shock Responses by Pakistani Government
Upon hearing both sides of the arguments, a division bench of the SHC headed by Justice Nadeem Akhtar observed that only such sub-rule is valid and effective, which does not contradict the existing law.
A piece of legislation, which was against the command of the Constitution and or the law laid down or a direction given by the Supreme Court, such as Section 3 of the Act to the extent of regularization/appointment in grade 16 and above without the mandatory competitive process of selection by the commission, was in violation of the constitution and could not be applied or enforced.
The High Court maintained that all such contract employees in grade 16 and above who have been regularized without the due procedure, do not have legal backing. The court then ordered the provincial government to reverse previous regularization under the law, and submit a compliance report with the court.
