Agricultural Department

2013 PLC(CS) 1046 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 11Constitution of Pakistan, Art.199Constitutional petitionAgricultural Department

Contract employees working for last seven years on basis of annual extension of their contract period, and there was no complaint regarding their conduct, competence and work

Petitioners' plea was that their appointment was on permanent basis, thus, were entitled to all consequential benefits of a regular appointment from date of their initial appointment or in alternative authority be directed to treat them as regular employees in their respective grades from date of their initial appointment

Validity

Appointment of petitioners in year 2005 was for a particular project, which despite continuing from year to year had not yet been concluded

Government was not in a position to state as to when such project would conclude

Word "permanent" in context of employment would not mean lasting till Day of Judgment, but would mean something likely to last for a very long period

Something having continued for seven years could not be said to be temporary anymore

Petitioners for all intents and purposes would be deemed to have been hired on a post of permanent nature

Appointment order of petitioners mentioned therein that Sindh Civil Servants Act, 1973 would be applicable to petitioners

Government could not contend that petitioners despite being governed by said Act were not entitled to all benefits allowed thereunder to civil servants

Petitioners had been recruited for a particular project, thus, Government on administrative ground could neither transfer any of them to another department nor transfer a person from another department to such project, except on deputation basis

Government on completion of such project could exercise its powers under S.11(2) of Sindh Civil Servants Act, 1973

Government was bound to consider petitioners' case for regularization in accordance with observations made in judgment reported as 2011 PLC (C.S.) 281

Government might frame policy for appointment on contract basis for a limited period

Where Project or job continued beyond limited contract period, then person appointed would be entitled to regularization

High Court accepted constitutional petition and directed authority to regularize services of petitioners in terms of such observations.