| Citation(s) |
|---|
| 2024 SLG 2755 2024 SLD 2755 2024 SCMR 527 |
Supreme Court of Pakistan
C.Ps. Nos.2270, 4783 and 4784 of 2019, C.Ps. Nos.1228 to1230, 1295 to 1298, 1555, 1781 to 1783, 1807, 456-P and496-P of 2020, C.P. No. 5871/2021, C.P. No. 5872/2021, C.P.No. 2291/2022, C.P. No. 2782/2022, C.P. No. 3811/2022 toC.P. No. 3813/2022 and C.
Present: Syed Mansoor Ali Shah, Jamal Khan Mandokhail and Athar Minallah, JJ
Naveed Akhtar, Advocate Supreme Court along with Jahan Bakht, V.C. and Muhammad Rizwan, Registrar for Petitioners.Ms. Tahmina Ambreen, Advocate Supreme Court, Hafiz S.A. Rehman, Senior Advocate Supreme Court, Shahid Saleem Khel, Advocate Supreme Court,
C.Ps. Nos.2270, 4783 and 4784 of 2019, C.Ps. Nos.1228 to1230, 1295 to 1298, 1555, 1781 to 1783, 1807, 456-P and496-P of 2020, C.P. No. 5871/2021, C.P. No. 5872/2021, C.P.No. 2291/2022, C.P. No. 2782/2022, C.P. No. 3811/2022 toC.P. No. 3813/2022 and C.
Present: Syed Mansoor Ali Shah, Jamal Khan Mandokhail and Athar Minallah, JJ
Naveed Akhtar, Advocate Supreme Court along with Jahan Bakht, V.C. and Muhammad Rizwan, Registrar for Petitioners.Ms. Tahmina Ambreen, Advocate Supreme Court, Hafiz S.A. Rehman, Senior Advocate Supreme Court, Shahid Saleem Khel, Advocate Supreme Court,
VICE-CHANCELLOR AGRICULTURE UNIVERSITY, PESHAWAR and others---Petitioners
VS
MUHAMMAD SHAFIQ and others---Respondents
Law:
Section:
(a) Civil service-------Contractual employees---Regularization in service---Principles---Once the contractual services are regularized, the appointment can become substantive or permanent and cannot be terminated without due process---Therefore, the regularization of a contractual employee is a fresh appointment into the stream of regular appointment.Province of Punjab through Secretary, Livestock and Dairy Development, Government of Punjab v. Dr. Javed Iqbal 2021 SCMR 767 ref.(b) Civil service-------Contractual employees---Regularization in service---Parameters for regularization in service---Institutional autonomy---Scope---Any institution opting for regularization of its employees must be either mandated by law or must carry out regularization through a well-thought out policy of the institution concerned laying down the criteria and the process for regularization; performance evaluation of the contractual employee must be assessed to determine if the employee meets the standards required for a regular position; there must be availability of positions that match the skills and experience of the contractual employee; the budgetary considerations and financial implication of a regular employee be weighed and considered---There must be a fair assessment of the employee's qualifications, performance and merit, so as to ensure only competent and committed employees be granted permanent employment status---Regularization is, therefore, not a ritualistic and mechanical exercise---It requires fresh assessment of the candidature of the contractual employee by the competent authority before he is made a regular employee as any such act carries long term financial implications on the institution concerned---Process of regularization is grounded in principles of fairness, openness, transparency, non-discrimination and public interest---Regularization therefore has a close nexus with institutional policy and autonomy.Hadayat Ullah v. Federation of Pakistan 2022 SCMR 1691; Syed Mubashir Raza Jaffri v. Employees of Old Age Benefits Institution 2014 PLC 428 and Ikhlaq Ahmed v. Chief Secretary, Punjab 2018 SCMR 1120 ref.(c) Civil service-------Contractual…