During the hearing on the petition against not sending the regularization cases of contract employees to the Sindh Public Service Commission (SPSC), questions were raised regarding SPSC recruitments, the biggest being whether contract employees can work permanently.
According to details, the Sindh High Court heard the case related to the regularization of headmasters recruited on contract. A request was made to the court that regularization cases be sent to the Sindh Public Service Commission. The court ordered that within three months, the cases of the petitioners be sent to the Service Commission for review.
During the hearing, the court instructed that the headmasters be retained in their current positions during these three months. The SPSC should review the cases according to the qualifications of the petitioners and recruitment laws. The defense lawyer informed that the headmasters had filed a petition for regularization in 2021.
The defense lawyer said that the court had ordered the cases to be sent to the Sindh Public Service Commission for review. The SPSC refused to accept the petitioners’ cases. The government lawyer said that the petitioners were hired annually on a contract basis and that these appointments were temporary. Out of 937 candidates, 866 service files had been sent to SPSC, while the petitioners themselves had left the post or job.
During the hearing, the court remarked that service laws do not recognize the legal status of contract employment. Higher courts have also criticized recruitment on a contract basis. The Supreme Court has made it clear under what circumstances daily wage or contract employees can be regularized. For employees from grade 1 to 15, there should be a transparent competitive system for recruitment.
The Sindh High Court remarked that under the Act, the job of the SPSC is to conduct examinations for government posts. Reviewing the regularization of contract employees does not fall within the jurisdiction of the SPSC. It is surprising that grade 17 headmasters in the province were hired on a contract basis. Recruitment for the post of headmaster should be based on a competitive examination or promotion.
The High Court remarked that contract-based recruitments are incomprehensible in the presence of SPSC. Employees hired on contract cannot work indefinitely.
