SHC issues notice on petition against Sindh civil servants amendment law

KARACHI: The Sindh High Court (SHC) on Monday issued notice to chief secretary Sindh, speaker Sindh assembly and minister of law and parliamentary affairs to file their respective replies on a petition seeking to strike down ‘Sindh Civil Servants (Regularization of Ad-hoc Appointments) Amendment Bill 2014.’

A division bench headed by Justice Muhammad Ali Mazhar was seized with the hearing of a petition filed by grade 19 and 20 PCS officers – Altaf Ahmed Khan Bijrani, Ghulam Akbar, Lubna Salahuddin and others, who questioned the regularization of ad-hoc employees from date of their initial appointment.

Petitioner’s counsel Zameer Ghumro submitted that provincial government promulgated Sindh Civil Servants (Regularization of Adhoc Appointment) Act, 1994 to regularize the services of employees who were appointed on ad-hoc basis

He said that provincial assembly has passed a new bill ‘Sindh Civil Servants (Regularization of Adhoc Appointments) (Amendments) Act, 2014’ whereby, the Act of 1994 has been amended.

He argued that recent amendment aimed at regularization of ad-hoc employees from the date of initial appointment rather than from the commencement of the 1994 Act, which will subsequently result in favouring ad-hoc employees by absorbing their services permanently with retrospective seniority.

This illegal, unlawful, mala fide, discriminatory, and unconstitutional act of the government would impinge on other employees including petitioners who were appointed on regular basis, he said. Besides, it would adversely affect their seniority.

He submitted that the impugned act has been enacted in haste and in disregard to the Constitution and rule of law. Moreover, impugned act is in direct conflict with the judgments of apex courts on the issues of seniority and regularization.

The petitioners requested the court to declare the impugned Act as illegal and unconstitutional and strike it down.

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