Karachi: A division bench of Sindh High Court (SHC) on a petition filed by city wardens asked the government to file their comments by next hearing; otherwise, the court would commence the proceedings ex parte.
Some forty city wardens had filed a constitutional petition in Sindh High Court (SHC) here Thursday praying for getting their services regularized and paying them their salaries, dues and arrears. During the last hearing the SHC had directed the government to file their answer, but they failed to do so.
The petitioners had filed their petition with legal support of Pasban Democratic Party (PDP) through its lawyer Advocate Khuram Lakhani. Making province of Sindh through Secretary, Local Government; Municipal Commissioner KMC, City Mayor, Senior Director, Human Resources, KMC, and Director City Warden KMC respondents.
In their petition they maintained that they joined their duties after fulfilling all the codal formalities including interviews. They said they were issued appointment orders to the Petitioners for different dates from 2007 to 2010 on contractual basis.
They said they performed their duties diligently, bonafidely and satisfied their high-ups with their ultimate performance. They said their contractual period of service was lastly renewed by Order dated 06.08.2018 extending the contractual period for two years which is being validly continuing and the petitioners have been satisfactorily performing their duties.
They said they have already repeatedly requested the respondents for regularization of their services as the contractual period, adding that many of their juniors working in the same department and in the same cadre have already been regularized by the respondents.
They said upon the request of the petitioners the respondents have illegally, unconstitutionally, without jurisdiction stopped their salaries since April 2018 by way of punishment for raising voice for their right to regularize their services and their families are suffering a lot.
They said they have been working and performing their duties continuously for the last 11 years i.e. since 2007 till the date, their entire service record is unblemished and clean, and there is no complaint of any nature from any quarters.
They prayed that to hold and declare that the petitioners are entitled to be lawfully regularized in their services to their respective posts having successfully completed their job careers since the date of their appointment and they are satisfactorily performing their duties since 2007-2010 till the date, i.e. for the last minimum about ten years. They further prayed to direct to regularize their services as they have already regularized the services of various other officials/wardens who are junior to the petitioners.
They prayed to immediately release the monthly current salaries as well as arrears that were stopped without any rhyme and reasons since April 2018. They also prayed to restrain the respondents not to take any coercive action against them in retaliation of filing the instant petition for claiming their lawful due and fundamental rights.
However, the government side failed to file its comments and a division bench comprising Justice Nadeem Akhtar and Justice Adnan Abdul Karim directed them to file their comments by next hearing; otherwise the court would commence the proceedings ex parte.
It may be noted that PDP Chairman Altaf Shakoor had directed legal section of his party to provide legal assistance to the affected city wardens. Talking to media outside the SHC premises, Shakoor said they would continue to assist the affected city wardens in getting their due rights as their children and families are suffering a lot due to bureaucratic negligence.