Send the following on WhatsApp
Const. P. 7563/2018 Irshad Ahmed Siyal and Ors V/S Province of Sindh Others Sindh High Court, Karachi SHC Citation: SHC-143630 Tag:Petitioners have approached this Court for regularization of their service in Health Department, Government of Sindh--It is well settled now that regularization of the services of the petitioners on the premise that regularization is always subject to availability of post and fulfillment of recruitment criteria, apparently the petitioners have not initially been appointed in an open and transparent manner through the prescribed competitive process as the vacancies were not advertised in the newspaper. Besides it is well-settled law that a contract employee is debarred from approaching this Court in constitutional jurisdiction, in the light of the law laid down by the Hon'ble Supreme Court of Pakistan in the case of Qazi Munir Ahmed versus Rawalpindi Medical College and Allied Hospital and others, 2019 SCMR 648---Before parting with this order, we may observe that the Provincial Cabinet is well within its powers to frame policy, however, subject to law. It is well-settled that if a policy manifestly inconsistent with the Constitutional commands, retrogressive in nature, and discriminatory inter se the populace is not immune from judicial review. Prima-facie the decision of the Cabinet dated 29.3.2018 does not cover the case of the petitioners under Sindh (Regularization of Ad-hoc and Contract Employees) Act, 2013, as their appointment is after promulgation of the said Act i.e. 25.3.2013--Dismissed. Bench: Hon'ble Mr. Justice Nadeem Akhtar, Hon'ble Mr. Justice Adnan-ul-Karim Memon Source: http://shc.gov.pk/caselaw/ Order http://shc.gov.pk/caselaw/hc-link.php?link=126.96.36.199:8056/caselaw/&hash=MTQzNjMwY2Ztcy1kYzgz
Don't have WhatsApp yet?