ORDER
SHEET
IN THE
HIGH COURT OF SINDH BENCH AT SUKKUR
C. P. No. D – 4791 of 2015
|
Date of hearing |
Order with signature
of Judge |
1.
For hearing of CMA No.13436/2015
2.
For hearing of CMA No.10138/2017
3.
For hearing of main case
Date of hearing: 15.08.2018
Petitioner
No.1 Ashique Hussain present in person.
Mr.
Ahmed Ali Shahani Assistant Advocate General Sindh.
.................
Petitioners
in this petition have challenged the regularization of Deputy District
Attorneys, Solicitor Department, Government of Sindh vide notification dated
13.08.2015. These Attorneys were appointed long time back on contract basis.
These contract employees / Deputy District Attorneys of Solicitor Department,
Government of Sindh have been regularized vide above notification. Petitioner
has never challenged the contractual appointment of these Attorneys either
earlier or through this petition. These contract Attorneys have been working
with the Department for the last so many years. When enquired as to what
interest they have against the regularization of the Deputy District Attorneys,
the petitioner was answerless. Since he was never appointed as a contract
employee / Deputy District Attorney of the Department, he could only challenge
the regularization in case he had challenged the contractual appointment of
Deputy District Attorneys which was done long time back. Since the very
appointment of Deputy District Attorneys was not challenged, therefore, the
petitioners are not aggrieved persons and hence their regularization through present
proceedings cannot be challenged. These Attorneys were regularized in pursuance
of section 3 of the Sindh (Regularization of Adhoc
and Contract Employees) Act, 2013 and hence the petitioners, though, they may
be the practicing advocates, cannot be termed as aggrieved persons on account
of not challenging the very initial appointment under contract basis.
These are the reasons
for the short order announced on 15.08.2018.
__________________
J U D G E
__________________
J U D G E
N.M.