IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Constt: Petition No.D–2703 of 2010

DATE OF HEARING

ORDER WITH SIGNATURE OF JUDGE.

1. For hearing of CMA No.7441/10

2. For hearing of main case.

04.11.2020

Mr. Hadi Bakhsh Bhatt Advocate for petitioner.

Mr. Zulfiqar Ali Naich AAG.

********

The petitioners Rahib Ali and Mohammad Hayat through instant petition have prayed as under;

a) To declare that the act of the respondents Education Department not issuing the confirmation orders in favour of the petitioner is illegal, improper, ab initio, void and nullity in the eye of law.

b) To direct the respondents Education Department to issue the order for confirmation of petitioners on their respective posts.

c). To restrain the respondents Education Department permanently for removing the petitioners from their respective posts or making appointment/recruiting of other by excluding the petitioner without due course of law in contravention of the Constitution, law of nature justice and equity, till the final disposal of instant petition.

It is, inter alia, contended by learned Counsel for the petitioners that petitioner were appointed as Peon and Chowkidar against the regular vacancies which are still unfilled, out of College Management Committee (CMC) Funds and since joining of the petitioners they are performing their duties in Government Degree College, Gamabt district Khairpur with utmost satisfaction of their superiors and the petitioners have served their major part of lives hence they are entitled to be regularized on the same posts.

Conversely, learned AAG submits that the petitioners were appointed on contract basis as cycle stand Chowkidar at Government Degree College, Gambat purely on temporarily basis against monthly salary of Rs.1000/- to be paid from the Cycle Fund Collections from the College students and the respondent No.5 has no power or authority to regularize their services into Government services on same posts. He further submits that the petitioners were appointed in the year 1996 while their services were terminated in the year, 2009 and now they are no more employees of Government Degree College, Gambat.

Heard learned Counsel for parties.

In response to notice, the respondent No.5 Principal Government Degree College, Gamabt has furnished his comments. From the perusal of comments, it reveals that petitioners were appointed as Cycle Stand Chowkidars at Government Degree College, Gambat purely on temporary basis against monthly salary of Rs.1000/- to be paid from the Cycle Fund Collection from the college students hence, they cannot claim for their regularization of services. Indeed, if the Court considers to some aspect, the petitioners do not have age limit available with them therefore, at this stage the petitioners are not liable to be regularized in service. Accordingly, instant petition being meritless is dismissed along with listed application.

J U D G E

J U D G E

Ihsan.