MUMTAZ ALI PANHWAR vs PROVINCE OF SINDH Project posts — 2024 PLC(CS) 1487 KARACHI-HIGH-COURT-SINDH

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MUMTAZ ALI PANHWAR VS PROVINCE OF SINDH Project posts---Contractual employees---No right of regularization in service on the basis of length of service---Absence of any policy, rule or law---Claim of the petitioners was that they were offered contingency/temporary employment so as to deprive them from their rights of a permanent post---Validity---Petitioners had accepted terms and conditions of their contract---Record did not substantiate the claim of the petitioners that they had been regularly employed for a continuous period and to this effect petitioner had relied upon another appointment order of the year 2007, which did not reflect that those appointments had any nexus with each other---Project in question was neither accorded permanence by the Government nor was made part of the regular budget and, similarly, the posts in question had never been made regular or permanent posts falling within the budget of the Government, rather were admittedly dependent on the funds provided by the loan giving or donor agencies---Mere prolongation of the project did not ipso facto demand that the posts and appointment shall be mandatorily regularized, therefore, petitioners were not entitled for any regularization after completion of the project---Project management had the prerogative to determine which employees were required for the extended period and stage of the project for effective implementation of the same and no vested right existed in favour of a particular employee to insist that the management should be directed to retain his services and extend his contract---Courts are not required to issue any direction to the executives for carrying out any legislation for regularization of project posts, which is purely a policy matter and the prerogative of the executives as to whether a set of employees are required to be regularized or not---Regularization can only be ordered by a court when there is some law, rule or policy duly adopted and issued by the Government and only then its enforcement can be sought and done by the Court---Constitutional petition was dismissed, in circumstances.

MUMTAZ ALI PANHWAR vs PROVINCE OF SINDH Project posts — 2024 PLC(CS) 1487 KARACHI-HIGH-COURT-SINDH

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