Anjum Badar (Petitioner) VS Province of Sindh and Ors (Respondent)

ORDER SHEET

Order Sheet

IN THE HIGH COURT OF

SINDH AT KARACHI

Const. Petitions No. D-6241/2016 and

D-7376/2019

Date

Order with signature of Judge

Priority :

1.For hearing of Misc. No.30253/2016 :

2.For hearing of Main Case :

12.03.2020 : Mr. M. M. Aqil Awan, advocate for the petitioners.

Mr. Hakim Ali Shaikh, Addl. AG, Sindh, a/w Asad Ishaque, Deputy Secretary, Livestock, and Abdul Sami, Accounts &

Admin. Officer, Sindh Animal Health Institute of Livestock,

Govt. of Sindh.

This case was partly heard by a Bench comprising one of us viz. Nadeem Akhtar, J. and our learned brother Mr. Justice Adnan-ul-Karim Memon. Let the matter be fixed for further hearing before the same Bench on 18.03.2020 at 12:00 noon.

Learned counsel for the petitioners, who are seeking regularization of their services in BS-17 under Section 3 of the Act of 2013, is put on notice to satisfy the Court on the next date regarding maintainability of these petitions in view of Ali Azhar Khan Baloch and others V/S Province of Sindh and others, 2015 SCMR 456, wherein Hon’ble Supreme Court was pleased to hold, inter alia, that the Rules of 1974 require that a post of BS-17 can only be filled through Public Service Commission (PSC) after advertisement ; the Sindh Government and or the competent authority cannot bypass this mandatory requirement and substitute a parallel mechanism to appoint a person in BS-16 to BS-22 against the said Rules ; Article 242 of the Constitution provides the mechanism for appointment of a civil servant through PSC ; the Sindh Government through executive or legislative instruments cannot withdraw any post from the purview of the PSC ; and, the Sindh Government shall make all the appointments in BS-16 to BS-22 through PSC.

Learned Advocate General Sindh is also put on notice to satisfy the Court on the next date regarding vires of Section 3 of the Act of 2013, which, prima facie, appears to be in clear conflict with the above mentioned authority of the Hon’ble Supreme Court to the extent of regularization of service in BS-16 and above. Let notice under Rule 1 of Order XXVII-A CPC be issued to learned Advocate General Sindh.

To come up on 18.03.2020 at 12:00 noon.

J U D G E

J U D G E