Sindh’s regularisation law in violation of Constitution: SC

Karachi

The apex court observed on Saturday that Sindh’s regularisation of contract employees law was promulgated by bypassing the public service commission’s mandatory process, writes,Jamal Khurshid.

A Supreme Court three-member bench headed by Justice Amir Hani Muslim noted that the provisions of the Sindh (Regularization of Adhoc and Contract Employees) Act 2013 were in violation of the Constitution.

The court was hearing a petition filed by the Sindh government against a high court decision wherein it had contended that the requirements for the appointment of civil servants had been overlooked.

The court observed that it had already held in its judgement that the provincial assembly could not pass a law which was in violation of any provision of the Constitution.

It added that in the regularisation law, the role of the public service commission had been substituted with individuals or a selection committee to appoint government servant in negation of the Constitution’s mandate.

The court had directed the provincial government to place the list mentioning the names of the people who had benefited through the promulgation of the law after which it would examine as to whether it or not it could be passed and given effect. The court observed that the issue was of public importance having far-reaching effects and it would also be examined as the entire service structure had been destroyed due to the direct appointment of contract officers in grade 17 and 18 grades bypassing the mandatory provisions of the Civil Service Act.