Case Details

Citation(s)
2020 SLG 1735 2020 SLD 1735 2020 PLC 675

W.P. No. 4588 of 2013, heard on 17-02-2020
SHAHID, JAMIL KHAN, JUSTICE
Jamshed Akhtar Khokhar for Petitioners. Jam Muhammad Afzal Gosoora, Assistant Advocate-General, Punjab. Khurram Abbas Wahga for
Respondent No. 1.

MST. NABILA NIAZ AND OTHERS

VS

SECRETARY HEALTH AND OTHERS

Law: Punjab Regularization of Service Act, 2018

Section: 3,4,5,10,1(3),2(C)(1)

Punjab Regularization of Service Act (XV of 2018)--- ----Ss. 3, 4, 5, 10, 1 (3) & 2 (c) (f)---Punjab Civil Servants Act (VIII of 1974), Preamble---Appointment on contract basis---Regularization of service---Procedure---Contention of petitioners-employees was that they were entitled to be regularized under Punjab Regularization of Service Act, 2018---Validity---Punjab Regularization of Service Act, 2018 was applicable to those persons who had completed three years continuous service under contract before or after its enactment---Regularization of such employee who was eligible to be appointed on contract under relevant law or policy should be made through appointment in accordance with Punjab Regularization of Service Act, 2018---Employees who had fulfilled conditions under Punjab Regularization of Service Act, 2018 were entitled for regularization---Petitioners had completed three years of continuous service on contract and Punjab Regularization of Service Act, 2018 was applicable to them---Eligibility for the post in question and fulfillment of preconditions should be determined under Punjab Regularization of Service Act, 2018---Section 3 of Punjab Regularization of Service Act, 2018 did protect the appointments on contract made immediately before commencement of the Act---If contract employee had not opted against regularization within sixty days then he should be deemed to have opted for the same---Competent authority after expiry of sixty days from commencement of Punjab Regularization of Service Act, 2018 was bound to submit case of contract employee for regularization either before Scrutiny Committee or before Commission---Contract employee who had been appointed on the recommendations of Commission should be regularized by the appointing authority without referring his case to the Commission---Scrutiny Committee should forward its recommendations to the appointing authority after verification of academic record and scrutinizing the relevant record to determine whether the conditions stipulated in S.3(2) of Punjab Regularization of Service Act, 2018 had been fulfilled---Contract employee who had fulfilled the conditions to the satisfaction of Scrutiny…
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