| Case ID |
39b9bf3a-7742-4fd2-a2a7-33e200d5c64a |
| Body |
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| Case Number |
C.M.As. Nos. 33746 of 2013, 8421 and 8422 of 2012 |
| Decision Date |
May 14, 2014 |
| Hearing Date |
May 14, 2014 |
| Decision |
In this landmark decision, the Sindh High Court, presided over by Justices Muhammad Ali Mazhar and Shahnawaz Tariq, ruled in favor of petitioner Dr. Iqbal Jan and others against the Province of Sindh and others in Constitutional Petition D-3462 of 2012. The court directed the government to regularize the employment status of the petitioners who were employed on an ad hoc and contract basis under the Sindh (Regularization of Ad hoc and Contract Employees) Act, 2013. The decision emphasized that denying regularization to eligible employees amounts to exploitation and discrimination, violating the Constitution of Pakistan, particularly Articles 3, 4, 25, 38, and 199. Furthermore, the court mandated that any reservations regarding the fitness and eligibility of the respondents must be addressed in strict accordance with the law. The entire process was to be completed within two months, ensuring that the principles of good governance and equal treatment under the law were upheld. This judgment reinforced the commitment to eliminating exploitation, ensuring economic justice, and upholding the rights of contract employees in the province. |
| Summary |
In the Constitutional Petition D-3462 of 2012, adjudicated by the Sindh High Court on May 14, 2014, Justices Muhammad Ali Mazhar and Shahnawaz Tariq rendered a pivotal decision concerning the regularization of ad hoc and contract employees within the Health Department of Sindh. Petitioners, including Dr. Iqbal Jan, challenged the Province of Sindh and associated entities for failing to regularize their employment status despite performing their contractual duties diligently since their appointment in 2009 under the National Maternal, Neonatal and Child Health Program. The court meticulously analyzed the Sindh (Regularization of Ad hoc and Contract Employees) Act, 2013, specifically Sections 2(b), 2(d), 2(e), and 3, alongside pertinent provisions of the Constitution of Pakistan, notably Articles 3, 4, 25, 38, and 199. The decision underscored that the enactment of the 2013 Act during the pendency of the case vested the petitioner employees with a legal right to regularization, thereby prohibiting discriminatory practices that excluded them from the benefits extended to similarly situated employees. Justice Mazhar highlighted the constitutional mandate for the state to eliminate exploitation and uphold social and economic justice, aligning with the principles enshrined in the Objectives Resolution and Articles 38 and 3 of the Constitution. The court mandated that the Sindh Government implement the Act uniformly, without selective favoritism, thereby reinforcing the rule of law and principles of good governance. Furthermore, the judgment addressed procedural lapses by respondent No.3, clarifying that the regularization must proceed transparently and in compliance with statutory requirements. This decision not only provided immediate relief to the petitioners by deeming their appointments as regular but also established a precedent ensuring that similar cases of contractual employment would be addressed judiciously, bolstering the rights of ad hoc and contract workers in the public sector. The inclusion of robust references to relevant case laws, such as Muhammad Akram Solangi and others v. D.C.O, Khairpur, and Ikram Bari's case, fortified the legal rationale underpinning the judgment. Additionally, the directive for the government to resolve the regularization process within two months exemplified judicial efficiency and commitment to expedited justice. Overall, this landmark ruling by the Sindh High Court serves as a cornerstone for employment law in Pakistan, advocating for equitable treatment of contract employees, aligning administrative actions with constitutional directives, and promoting a fair and just workplace infrastructure in the public health sector. |
| Court |
Sindh High Court
|
| Entities Involved |
Health Department,
Sindh Government,
Supreme Court
|
| Judges |
MUHAMMAD ALI MAZHAR,
SHAHNAWAZ TARIQ
|
| Lawyers |
Zamir Ghumro
|
| Petitioners |
Dr. IQBAL JAN
|
| Respondents |
others,
PROVINCE OF SINDH
|
| Citations |
2014 SLD 306,
2014 PLC 1153
|
| Other Citations |
Muhammad Akram Solangi and others v. D.C.O, Khairpur and others 2013 PLC (C.S.) 121,
Ikram Bari's case 2005 SCMR 100 rel.,
Civil Appeals Nos.84-K to 86-K of 2012,
C.P.No.D-284 of 2010,
C.P.No.D-802 of 2011
|
| Laws Involved |
Sindh (Regularization of Ad hoc and Contract Employees) Act, 2013,
Constitution of Pakistan
|
| Sections |
2(b),
2(d),
2(e),
3,
Art.3,
Art.4,
Art.25,
Art.38,
Art.199
|