JAVED ALI vs PROVINCE OF SINDH S — 2025 PLC(CS) 443 KARACHI-HIGH-COURT-SINDH

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JAVED ALI VS PROVINCE OF SINDH S.3---Constitution of Pakistan, Arts.25 & 199---Contract employee---No vested right of reinstatement and regularization plea of discrimination---Petitioner sought reinstatement and regularization of his services against the post of Family Welfare Assistant (Male) from the date of his initial appointment on the analogy of regularization of the post of Family Welfare Assistant (Female) (BPS-05) in compliance with the order of High Court and summary approved by the Chief Minister Sindh---Held, that process of regularization is a policy matter and the prerogative of the Executive and the decision had already been taken, which was not open to interference by High Court as earlier petition was disposed of and subsequently scrutiny was made and finally the respondents discontinued the service of the petitioner on the ground that he gained another employment during subsistence of his service in the respondent department, thus, the petitioner did not have any vested right to seek reinstatement and regularization in service---Contract employee cannot claim any vested right, even for regularization of service---Policy decision of the Government of Sindh regarding the regularization of the employees of the respondent department or otherwise could not be challenged in the writ jurisdiction of High Court on the purported plea of discrimination, when Art.25 of the Constitution itself provides a provision for such discrimination on the principle of reasonable classification, however, where a person gains or is granted a benefit illegally, other persons cannot plead, nor can the Court accept such a plea that the same benefit must be allowed to them also in violation of law---Constitutional petition was disposed of, in circumstances.

JAVED ALI vs PROVINCE OF SINDH S — 2025 PLC(CS) 443 KARACHI-HIGH-COURT-SINDH

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