| Citation(s) |
|---|
| 2022 SLG 3285 2022 SLD 3285 |
Supreme Court of Pakistan
Civil Appeal No. 966 of 2020, decision dated: 14th July, 2021, Date of hearing: 14th July, 2021 (Against order dated 26.06.2019 of Lahore High Court, Lahore passed by in Writ Petition No. 23925 of 2016)
GULZAR AHMED, C.J., IJAZ UL AHSAN, JUSTICE, SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE
Ch. Faisal Fareed, Additional A.G. Punjab and Abbas Ali, Law Officer, Health Department, Punjab for Appellants. Hafiz S.A. Rehman, Senior Advocate Supreme Court, Hifz-ur-Rehman, Advocate Supreme Court and Mehmood A. Sheikh, Advocate-on-Record for Responde
Civil Appeal No. 966 of 2020, decision dated: 14th July, 2021, Date of hearing: 14th July, 2021 (Against order dated 26.06.2019 of Lahore High Court, Lahore passed by in Writ Petition No. 23925 of 2016)
GULZAR AHMED, C.J., IJAZ UL AHSAN, JUSTICE, SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE
Ch. Faisal Fareed, Additional A.G. Punjab and Abbas Ali, Law Officer, Health Department, Punjab for Appellants. Hafiz S.A. Rehman, Senior Advocate Supreme Court, Hifz-ur-Rehman, Advocate Supreme Court and Mehmood A. Sheikh, Advocate-on-Record for Responde
PETITIONER(S): PROVINCE OF PUNJAB THROUGH CHIEF SECRETARY, LAHORE AND OTHERSS
VS
RESPONDENT(S): PROF. DR. JAVED IQBAL AND OTHERS
Law: Constitution of Pakistan, 1973
Section: 199
(a) Civil service--- ----Appointment---Court cannot step into the shoes of the appointing authority. (b) Civil service--- ----Contractual employees--- Regularization in service--- Scope---Regularization takes effect prospectively, from the date when a regularization order is passed---In the absence of any law/order/policy providing for retrospective regularization, contractual employees cannot claim regularization of their services based on past service rendered on contract basis as well as the period during which they are out of service---Employee has no automatic right to get his/her past service rendered on contract basis counted towards regular service or regularization---Employee also cannot choose the date when he/she wishes to be regularized---Regularization is the prerogative of the Executive and it cannot be arbitrarily interfered with by the Court. Khushal Khan Khattak University v. Jabran Ali Khan 2021 SCMR 977 ref. (c) Constitution of Pakistan--- ----Art. 199---Civil service---Constitutional jurisdiction of the High Court---Scope---High Court in exercise of its constitutional jurisdiction has no power to extend expired contracts or order reinstatement of contractual employees. (d) Civil service--- ----Contractual employees---Regularization in service---Scope---Long and satisfactory contractual service does not confer any right on an employee to claim regularization at all or for that matter from an earlier date. Government of Khyber Pakhtunkhwa and others v. Saeed ul Hassan and others 2021 SCMR 1376 ref. JUDGMENT: IJAZ UL AHSAN, JUSTICE:---.--- Through the instant appeal, the Appellants have challenged a judgment of the Lahore High Court, Lahore dated 26-06-2019 passed in Writ Petition No. 23925/2016 (hereinafter referred to as ‘Impugned Judgment’). The Respondents through their Writ Petition challenged the order dated 27-06-2016 passed by the Secretary Health, Government of Punjab, whereby the plea of the Respondents that they be regularized from the date of their reinstatement instead of with immediate effect, was rejected. The learned High Court allowed the Writ Petition filed by the Respondents. 2. The brief facts giving rise to this lis are…
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