IN THE HIGH COURT OF SINDH

CIRCUIT COURT LARKANA

Present:

Shamsuddin Abbasi,J.

Agha Faisal, J.

C.P.No.D-789/2015             :           Abdul Hameed Bhutto Vs.

Vice Chancellor, Shaheed Muhtarama Benazir Bhutto medical University, Larkana and another.

For the Petitioner/s:             :           Mr. Inayatullah G. Morio, Advocate.

For the Respondent/s         :           Mr. Abdul Hamid Bhurgri, Addl.A.G.

Date/s of hearing                 :           15.05.2024.

Date of announcement      :           15.05.2024.

ORDER

Agha Faisal, J.         The petitioner claims to have enjoyed a six month employment contract with the respondent in 2012, however, has filed this petition is 2015 essentially seeking regularization.

It is observed that the petition is prima facie barred by laches. Even otherwise, there is no existing relationship between the parties. The august Supreme Court has maintained in Khushal Khan[1] that the High Court lacked jurisdiction to revive, amend or alter contracts; there was no vested right to seek regularization for employees hired on contingent basis unless there was legal and statutory basis for the same; contractual  employees  had  no  automatic  right  to  be regularized unless the same has specifically been provided for in a law; and that the relationship of contractual employees is governed by principles of master and servant. It is settled law that contractual employees are devoid of any generic entitlement for regularization[2]. Petitioner's counsel has been unable to identify any specific law conferring any right upon the petitioners to be considered for regularization[3].

The law has recently been reiterated in the recent judgment of the Supreme Court in VC Agriculture University[4] and in mutatis mutandis application thereof this petition is found to be misconceived, hence, dismissed.

Judge

Judge

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[1]Per Ijaz ul Ahsan J in Khushal Khan Khattak University & Others vs. Jabran Ali Khan & Others reported as 2021 SCMR 977.

[2] Per Ijaz ul Ahsan J in Govt of KPK vs. Jawad Ali & Others reported as 2021 SCMR 185; Per Mansoor Ali Shah J in Province of Punjab vs. Dr. Javed Iqbal reported as 2021 SCMR 767; Per Ijaz ul Ahsan J in Owais Shams Durrani vs. Vice Chancellor Bacha Khan University reported as 2020 SCMR 2041; Per Miangul Hassan Aurangzeb J in First Womens Bank vs. Muhammad Tayyab reported as 2020 PLC (C.S.) 86.

[3] Per Ijaz ul Ahsan J in Govt of KPK Welfare Board vs. Raheel Ali Gohar & Others  reported as 2020 SCMR 2068;

[4]Per Syed Mansoor Ali Shah J in Vice Chancellor Agriculture University Peshawar & Others vs. Muhammad Shafiq& Others (Civil Petition 2270 of 2019) and connected matters; yet unreported judgment dated 17.01.2024.