| Citation(s) |
|---|
| 2018 SLG 1378 2018 SLD 1378 2018 SCMR 1120 |
Supreme Court of Pakistan
Civil Petitions Nos. 2537 to 2549 of 2016 and 2644-L of 2016, decision Dated: 23-04-2018, hearing Date : 16-04-2018. (On appeal against the judgment Dated 09.05.2016 passed by the Punjab Service Tribunal, Lahore, in Appeals Nos. 1575, 1577 to 1585, 1420,
GULZAR AHMED, JUSTICE, QAZI FAEZ ISA, JUSTICE
Muhammad Tariq Javed, Advocate Supreme Court and Imtiaz A. Shaukat, Advocate-on-Record (Absent) for Petitioners (in C.Ps. 2537-2549 of 2016). Muhammad Lehrasib Khan, Advocate Supreme Court and Ch. M. Anwar Khan, Advocate-on-Record (Absent) for Petitioner
Civil Petitions Nos. 2537 to 2549 of 2016 and 2644-L of 2016, decision Dated: 23-04-2018, hearing Date : 16-04-2018. (On appeal against the judgment Dated 09.05.2016 passed by the Punjab Service Tribunal, Lahore, in Appeals Nos. 1575, 1577 to 1585, 1420,
GULZAR AHMED, JUSTICE, QAZI FAEZ ISA, JUSTICE
Muhammad Tariq Javed, Advocate Supreme Court and Imtiaz A. Shaukat, Advocate-on-Record (Absent) for Petitioners (in C.Ps. 2537-2549 of 2016). Muhammad Lehrasib Khan, Advocate Supreme Court and Ch. M. Anwar Khan, Advocate-on-Record (Absent) for Petitioner
IKHLAQ AHMED AND OTHERS
VS
CHIEF SECRETARY, PUNJAB, LAHORE AND OTHERS
Law:
Section:
Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974--- ----R. 23---Power of Chief Minister to relax rules in case of hardship---Scope---Contract employees---Regularization in service s were appointed on contract basis for a period of three years, however, only after a year an order was issued by which the petitioners were regularized with immediate effect, in relaxation of the provisions of the Contract Appointment Policy and the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 as a special one-time dispensation---Legality---Rule 23 of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 ("the Rules") stated that "any of the rules" in "any individual case of hardship" and "for special reasons to be recorded in writing" and "to the extent prescribed" by the Chief Minister may be relaxed---In case of petitioners not a single one of said stipulated preconditions were even mentioned, let alone fulfilled, and were flouted---Reason given by the Principal Secretary to the Chief Minister for relaxing the Contract Appointment Policy and the Rules was to prevent the petitioners from getting better salaries and perks in the private sector and therefore it was deemed to be in the "public interest" to get them regularized---Same Principal Secretary however contradicted himself subsequently and mentioned "compassionate circumstances of the case and the experience accumulated by them [petitioners] during the period of their contractual appointment" as reasons for relaxing the Rules and recommending the petitioners' regularization---Incongruous order was passed which both relaxed the Rules and regularized the petitioners---Such order did not mention the individual hardship of any petitioner, it was not passed by the Chief Minister, "special reasons" were not recorded in writing by the Chief Minister necessitating relaxing of the Rules and the particular rule, i.e. "any one of the rules" was not mentioned---Completely illegal exercise was carried out in purported exercise of R. 23 of the Rules---Principal Secretary to the Chief Minister, implemented the wish of the Chief Minister and did so by resorting to…
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