MUHAMMAD AKBAR SIYAL vs PROVINCE OF SINDH S — 2022 PLC(CS) 1378 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD AKBAR SIYAL VS PROVINCE OF SINDH S.3---Constitution of Pakistan, Art. 199---Master and servant---Contractual service---Regularization, plea of---Petitioners contended that they were well qualified and having requisite experience after the initial appointment; that joining fresh process with other candidates was unfair; that employment was the source of livelihood and the right of livelihood was an undeniable right to a person; that they served the respondent/department for a long period and deserved to be given a fair chance of regularization in the given situation---Counsel of authorities contended that High Court lacked jurisdiction to revive/amend/alter contracts; that there was no vested right to seek regularization for employees hired on a contractual basis unless there was/is a legal and statutory basis for the same; that contractual employees had no automatic right to be regularized unless specifically provided for in law; and that the relationship of contractual employees was governed by principles of master and servant---Held, that petitioners had initially been appointed openly/transparently through the prescribed competitive process, hence, fulfilled the precondition for appointment as such---Petitioners' status as contract employees had ended once Finance Department of the Provincial Government had sanctioned the regular posts to run the affairs of respondent/department across the Province---Petitioners refereed to the summary floated by the respondents to the Competent Authority with the proposal that the services of the petitioners might be shifted from the Secretariat side to Field side so that the contractual staff of internal audit might be regularized---Excerpt of the minutes of the meetings of the Provincial Cabinet was perused which verified the said proposal---Constitutional petition was allowed and respondent/authority was directed to regularize the services of the petitioners accordingly.

MUHAMMAD AKBAR SIYAL vs PROVINCE OF SINDH S — 2022 PLC(CS) 1378 KARACHI-HIGH-COURT-SINDH

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