| Citation(s) |
|---|
| 2018 SLG 1855 2018 SLD 1855 2018 SCMR 1405 |
Supreme Court of Pakistan
Civil Petitions Nos. 4828/2017, 2509/2016, 3395/2016 and 107-L/2017 and C.M.As. Nos. 5346/2016 and 1257/2017 in C.P. No. 2509/2016 and C.M.A. No. 7110/2016 in C.P. No. 3395/2016 and C.M.A. No. 129-L/2017 in C.P. No. 107-L of 2017, decision & hearing Dated
UMAR ATA BANDIAL, JUSTICE IJAZ UL AHSAN, JUSTICE
Mubeen-ud-Din Qazi, Advocate Supreme Court for Petitioners (in C.P. 4828 of 2017). M. Siddique Awan, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioners (in C.Ps. 2509 and 3395 of 2016). Mehboob Azhar Sheikh, Advocat
Civil Petitions Nos. 4828/2017, 2509/2016, 3395/2016 and 107-L/2017 and C.M.As. Nos. 5346/2016 and 1257/2017 in C.P. No. 2509/2016 and C.M.A. No. 7110/2016 in C.P. No. 3395/2016 and C.M.A. No. 129-L/2017 in C.P. No. 107-L of 2017, decision & hearing Dated
UMAR ATA BANDIAL, JUSTICE IJAZ UL AHSAN, JUSTICE
Mubeen-ud-Din Qazi, Advocate Supreme Court for Petitioners (in C.P. 4828 of 2017). M. Siddique Awan, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioners (in C.Ps. 2509 and 3395 of 2016). Mehboob Azhar Sheikh, Advocat
BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, FAISALABAD THROUGH CHAIRMAN AND OTHERS
VS
TANVEER SAJID AND OTHERS
Law:
Section:
Civil service--- ----Daily wagers/contract employees of Board of Intermediate and Secondary Education ("the Board")---Regularization in service---Respondent-employees had been working in the establishment of the Board for long period of time ranging between 3 to 12 years, on contract basis---Contracts of said employees provided that they were initially appointed for a period of 89 days but after the expiry of said period, their contracts were renewed from time to time for further periods of 89 days at a time with an artificial break of 1 or more days; held, that motive behind such artificial break was to avoid regularization of respondents' services on the pretext that they were not continuously in service---Since the respondents were in service for a long time, it clearly showed that the posts they were occupying were permanent in nature and not casual or temporary---Services of respondents were not only required but also beneficial to the Board and that they (respondents) had been performing their duties with due diligence to the satisfaction of the authorities---High Court had rightly directed the Board to regularize services of respondents---Supreme Court deprecated the practice of keeping employees on temporary basis for long periods of time without confirming or regularizing their services---Petition for leave to appeal was dismissed and leave was refused. Habibullah v. Government of the Punjab PLD 1980 Lah. 37; Pakistan v. Public at Large PLD 1987 SC 304; Sui Southern Gas Company Ltd. v. Ghulam Abbas PLD 2003 SC 724; Dr. Anwar Ali Sahto v. Federation of Pakistan PLD 2002 SC 101; Abdul Sattar v. Sui Northern Gas Pipelines Limited 2001 SCMR 1935; Ikram Bari v. National Bank of Pakistan 2005 SCMR 110; Ejaz Akbar Kasi v. Ministry of Information and Broadcasting PLD 2011 SC 22 and Pir Imran Sajid v. Managing Director/General Manager (Manager Finance) Telephone Industries of Pakistan 2015 SCMR 1257 ref. THIS JUDGMENT DELIVERED BY: MIAN SAQIB NISAR, CHIEF JUSTICE:---.--- All these petitions involve common question of law, namely, whether or not daily wagers/contract employees of petitioners/respective Boards of Intermediate and Secondary Education (BISE) are…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492