Law: Constitution of Pakistan, 1973

Section: 199

Punjab Contract Appointment Policy, 2004--- ----Preamble---Notification No. DS (O&M) 5-3/2004/CONTRACT (MF) dated 14-10-2009---Contract employees of Punjab Institute of Agriculture Marketing seeking regularization of service---Scope---Status of Punjab Institute of Agriculture Marketing and its employees had been converted from temporary to permanent---Petitioners were entitled to be regularized in service by giving the benefit of Notification No.DS (O&M) 5-3 / 2004 / CONTRACT (MF) dated 14-10-2009---Evaluation Committee had approved transfer of the project from time bound to permanent one and from development to non-development side---Notification No. DS (O&M) 5-3/2004/CONTRACT (MF) dated 14-10-2009 was applicable to the case of petitioners---Findings recorded in the impugned order were not based on application of judicial mind---Petitioners were recruited after adopting due process and their performance was found upto the marks during their contract period of seven years---Resorting to fresh recruitment process against the posts held by the petitioners would be against the norms of justice---Impugned order for refusing regularization of the petitioners was without any valid reason and ground, which was set aside---Authorities were directed to process the case of petitioners-employees for regularization of their service within specified period---Constitutional petition was allowed, accordingly. Ejaz Akbar Kasi and others v. Ministry of Information and Broadcasting and others PLD 2011 SC 22; Pakistan Telecommunication Company Ltd. through General Manager and another v. Muhammad Zahid and 29 others 2010 SCMR 253; Muhammad Tanveer v. Government of Pakistan and others 2012 PLC (C.S.) 807; Muhammad Farooq v. Engineer-in-Chief ENC Branch, (GHQ), Rawalpindi and another 2012 PLC (C.S.) 1335; Muhammad Yasir Anwar v. Vice-Chancellor, Bahauddin Zakariya University and 3 others 2014 PLC (C.S.) 459; Province of Punjab and others v. Aftab Ahmad and others 2012 PLC (C.S.) 1402 and Dr. Anwar Ali Sahto and others v. Federation of Pakistan and others PLD 2002 SC 101 ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD FARRUKH IRFAN KHAN, J.---- Through the instant petition…

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