ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT,

HYDERABAD.

C.P.No.D-983 of 2010.

C.P.No.D-1028 of 2010.

 

                       

DATE                                   ORDER WITH SIGNATURE OF JUDGE

 

23.12.2010.

 

            Mr. Raja Jawad Ali Sahar Advocate for the Petitioners.

Mr. Jhamat Jethanand Advocate for the Respondents..

Mr. Mumtaz Alam Leghari Assistant Advocate General Sindh a/w Abdul Kareem Solangi EDO(E & P) Jamshoro.

                                                =

            We have heard learned Counsel for the petitioners and learned Counsel for the District Government. It is an admitted position that on creation of District, staff was employed on contingency with the object to run the District as there was no infrastructure. Once the posts against which these employees were working, were sanctioned, they were to be absorbed. This practice has been followed for years in the province. Now things apparently have been changed and attempts are being made to appoint lower staff by pick and choose excluding the contingency staff, who was working after creation of the District. It is an admitted fact that this is low paid staff kept on working on contingency basis till 31st May, 2010, and once sanctioned posts were created, the respondents attempted to issue appointment orders to accommodate their favorites. We do not appreciate this practice. The Honourable Supreme Court in case of Pakistan Telecommunication Corporation Ltd. Vs. Muhammad Zahid reported as 2007 SCMR 257 held that employees/ persons even on daily wages ought to be  regularized if they have rendered their services for a period beyond two years in terms of their right guaranteed under article 2(A), 4 and 25 of the Constitution. It has further been held that the employees on daily wages can maintain a writ petition if they are being discriminated or if they are deprived of their lawful right.

The petitioners and those who are working on contingency basis are  low paid employees and they are not being absorbed and or regularized against the sanctioned posts available with the E.D.O. Finance and others inter alia on the ground that first advertisement shall be made and then they should appear in the interview and or examination. We have inquired from the learned Counsel as to what possible qualifications are prescribed for an employee who is in BPS-02 to BPS-07 or whether the contingent staff is devoid of such qualification. He could not offer any plausible explanation. We believe that this is an attempt to exclude these Petitioners which is being made under the garb of aforesaid technicalities. Those who are and were serving in the District without any complaint and or have served the department for last two years and or are serving immediately before 31.05.2010 have a preferential right. We, in view of the guide line contained in the Judgment of the Honourable Supreme Court, are of the view that the case of the Petitioners is fully covered by aforesaid Judgment of the Honourable Supreme Court. We, therefore, direct the DCO and E.D.O. Finance Jamshoro to regularize and or absorb or appoint the Petitioners and all those employees, who are and were working in the District Jamshoro either on daily wages or as contract employees against sanctioned posts. No fresh appointment shall be made under the garb of advertisement or any interview as these low paid employees already working and or have worked with District Administration for several months or years are to be absorbed first. This exercise shall be completed within 15 days from today and compliance report shall be submitted to the Additional Registrar of this Court.

These petitions are allowed in the above terms.

Copy of this order be faxed to DCO Jamshoro and E.D.O. Finance Jamshoro for their information and compliance.

 

                                                                                    JUDGE

                                                JUDGE

A.K