| Citation(s) |
|---|
| 2020 SLG 2369 2020 SLD 2369 2020 PLC 1311 |
Supreme Court of Pakistan
Civil Petitions Nos. 194-L, 229-L to 233-L, 243-L to 247-L, 271-L to 275-L, 283-L to 285-L, 322-L, 323-L, 330-L to 332-L, 348-L, 349-L, 370-L, 378-L, 381-L, 397-L to 404-L, 422-L to 433-L, 443-L, 444-L, 452-L to 455-L and 478-L to 480-L of 2020, decided o
MANZOOR AHMAD MALIK, JUSTICE SYED MANSOOR ALI SHAH, JUSTICE
Rana Shamshad Khan, Additional A.G., Asif Afzal Bhatti, Additional A.G. along with Ali Ahmad Sial, CEO, Faisalabad, Aftab Ahmed, CEO, T.T. Singh, M. Ramzan, Litigation Officer, Saeed Shahid, Litigation Officer, Ahmed Naseem, Litigation Officer and Ammad u
Civil Petitions Nos. 194-L, 229-L to 233-L, 243-L to 247-L, 271-L to 275-L, 283-L to 285-L, 322-L, 323-L, 330-L to 332-L, 348-L, 349-L, 370-L, 378-L, 381-L, 397-L to 404-L, 422-L to 433-L, 443-L, 444-L, 452-L to 455-L and 478-L to 480-L of 2020, decided o
MANZOOR AHMAD MALIK, JUSTICE SYED MANSOOR ALI SHAH, JUSTICE
Rana Shamshad Khan, Additional A.G., Asif Afzal Bhatti, Additional A.G. along with Ali Ahmad Sial, CEO, Faisalabad, Aftab Ahmed, CEO, T.T. Singh, M. Ramzan, Litigation Officer, Saeed Shahid, Litigation Officer, Ahmed Naseem, Litigation Officer and Ammad u
PROVINCE OF THE PUNJAB THROUGH SECRETARY SCHOOL EDUCATION, GOVERNMENT OF THE PUNJAB, LAHORE AND OTHERS
VS
MST. NARGAS PARVEEN AND OTHERS
Law: Punjab Civil Servants Act, 1974
Section: 22(5)
Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974--- ----R. 22(5), proviso---Punjab Civil Servants Act (III of 1974), S. 2(1)(a)---Ad hoc employees regularized in service---Seniority---Seniority in the case of ad-hoc employees was to be granted from the date of their regularization and not from the date of their ad-hoc appointment. In the present case the respondents were appointed in the year 1995 on ad-hoc basis and their services were terminated after one year in accordance with Rule 22(2) of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974. However, the respondents and others challenged their termination and were successful in obtaining injunctive orders in their favour and since then the matter of regularization remained pending before the courts or the administrative authorities. Finally in the year 2009, the Government was directed by the court that the case of the ad-hoc employees be considered in light of a certain Supreme Court precedent. As a result vide order dated 15.06.2012 passed by the department the services of the respondents were regularized from the date of issuance of the order. The respondents while accepting their regularization from the said date contended that their seniority be reckoned from the date of their ad-hoc appointments. Any such claim of the respondents was opposed to proviso to Rule 22(5) of the Civil Servants (Appointment and Conditions of Service) Rules, 1974. Seniority in the case of ad-hoc employees was to be granted from the date of their regularization. Abu Bakar Farooq through Chairman and others v. Muhammad Ali Rajpar and others 2019 SCMR 830; Nadir Shah, S.D.O. Minor Canal Cell, Irrigation Sub-Division, Dera Murad Jamali and 2 others v. Secretary, Irrigation and Power Department, Balochistan, Quetta and 7 others 2003 PLC (C.S.) 961; Federation of Pakistan and others v. Rais Khan 1993 SCMR 609 and Mian Muhammad Afzal and others v. Government of the Punjab and others 1982 SCMR 408 ref. In light of provision of proviso to Rule 22(5) of the Civil Servants (Appointment and Conditions of Service) Rules, 1974, especially when the department was not at fault and did not…
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