| Citation(s) |
|---|
| 2013 SLG 1953 2013 SLD 1953 2013 PLC 1115 |
Supreme Court of Pakistan
S.M.C. No.15 of 2010, C.M.As. Nos.2689, 3244 of 2010, 5383, 3068 of 2011, H.R.C. No.44517-K of 2010, H.R.C. No.13938-P of 2010, H.R.C. No.22070-P of 2011 and Constitutional Petition No.74 of 2011, decision dated: 21st November, 2012.
NASIR-UL-MULK, TARIQ PARVEZ AND AMIR HANI MUSLIM, JJ
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S.M.C. No.15 of 2010, C.M.As. Nos.2689, 3244 of 2010, 5383, 3068 of 2011, H.R.C. No.44517-K of 2010, H.R.C. No.13938-P of 2010, H.R.C. No.22070-P of 2011 and Constitutional Petition No.74 of 2011, decision dated: 21st November, 2012.
NASIR-UL-MULK, TARIQ PARVEZ AND AMIR HANI MUSLIM, JJ
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S.M.C. NO.15 OF 2010 AND C.M.As. NOS. 2689, 3244 OF 2010 AND C.M.As. NOS.5383, 3068 OF 201
(Suo Motu action regarding regularization of the contract employees of Zakat Department as well as appointment of Chairman of Central Zakat Council): In re
H.R.C
Law:
Section:
(a) Zakat and Ushr Ordinance (XVIII of 1980)-------Ss. 8(c)(iii), 12(1) & 16(3)(a)---Khyber Pakhtunkhwa Zakat and Ushr Act (XVII of 2011), S. 8(c)(ii)---Sindh Zakat and Ushr Act (X of 2011), S. 8(c)(ii)---Balochistan Zakat and Ushr Ordinance (I of 2011), S.8(c)(ii)---Constitution of Pakistan, Art. 184(3)---Matter regarding regularization of contract employees of Zakat Department as well as appointment of Chairman of Central Zakat Council---Contract employees---Regular appointment, right of---Scope---Petitioners were employed on contractual basis for fixed terms by their respective District Zakat Committees and were paid emoluments out of the Zakat Fund set up under the Zakat and Ushr Ordinance, 1980---Petitioners sought regularization of their services at par with other regular employees of Zakat and Ushr Department---Contentions of petitioners were that they had been serving the Zakat and Ushr Department for periods ranging from 10 to 17 years; that they were not employees of a project mandated to be wound up upon its completion but were employed in a permanent department of the Government, and that they were performing functions similar to those of regular employees---Validity---Petitioners were employed/recruited on contract basis by the Chairman of the District Zakat Committees on fixed salaries for specific terms, which were extended from time to time---Petitioners were not appointed against any particular post and their appointment was not made by any government official or authority---Appointment of petitioners was not under a particular law but under a policy decision taken by the Central Zakat Committee---Nature of petitioners' employment was for a specific purpose/task and on such score they had no vested right for regular appointment---After the 18th Amendment in the Constitution subject of Zakat and Ushr was devolved to the provinces, however system of collection and disbursement of Zakat remained unchanged notwithstanding such devolution---Before devolution of subject of Zakat and Ushr to Provinces, petitioners were paid their salaries from the Zakat Fund under S.8(c)(iii) of Zakat and Ushr Ordinance, 1980, and even after devolution of the…
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