Law: Constitution of Pakistan, 1973

Section: 199

Civil service--- ----Work charge/daily wages employees of Tehsil Municipal Administration---Regularization of service---Scope---Contention of employees was that they were performing their duties against the posts which were permanent in nature---Validity---Earlier constitutional petition filed by the similarly placed employees had been accepted by the High Court---Present petitioners were also entitled to the same relief---Despite resolving the issue of regularization of one set of employees of the same department the same relief had not been extended to the similarly placed employees without there being judicial order of High Court---Such tendency of public functionaries of different departments was increasing the rate of litigation in the Courts---Provincial Chief Secretary was directed by the High Court to convey to all Heads of Government Departments to decide the matters of regularization of their employees, if any, in the light of of Supreme Court on their own rather to compel their poor employees to have recourse to the Courts for vindication of their right---Supreme Court had already issued directions for regularization of all the contract/daily wages/work charge employees but these directions were not being adhered to in letter and spirit---High Court observed that any inaction on the part of Government functionary in that regard in future might entail imposition of heavy fine on the defaulting authority/department---Authorities were directed to proceed for regularization of services of the petitioners immediately---Constitutional petition was allowed, accordingly. Pir Imran Sajid and others v. Managing Director/General Manager (Manager Finance) Telephone Industries of Pakistan and others 2015 SCMR 1257 ref. Province of Punjab through Secretary Communication and Works Department and others v. Ahmad Hussain 2013 SCMR 1547; Government of Punjab v. Sameena Parveen and others 2009 SCMR 1 and Secretary (Schools), Government of Punjab, Education Department and others v. Yasmin Bano 2010 SCMR 739 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD FARRUKH IRFAN KHAN, J.--- Through the instant petition under Article 199 of the Constitution of Islamic Republic of…

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