Case Details

Citation(s)
2024 SLG 2694 2024 SLD 2694 2024 PLC 96
Gilgit Baltistan Chief Court
Writ Petition No.438 of 2022 along with C.M. No.884 of 2022, decided on 12th June, 2023.Date of hearing: 12th June, 2023.
Before Ali Baig, CJ and Javed Ahmed, J
Malik Kifayat ur Rehman, Irfan Ullah, Kaisar Ali Shah and Akram Ullah for Petitioners. Malik Sherbaz, Dy. Advocate General assisted by L.A. Imran Hussain for
Respondents.

REHMAT KARIM----Petitioner

VS

GOVERNMENT OF GILGIT-BALTISTAN through Chief Secretary Gilgit-Baltistan and 4 others----Respondents

Law:

Section:

Gilgit-Baltistan Employees (Regularization of Services) Act (VIII of 2020)--- ----S.5---Regularization of service of contigent employee---Post of Motor vehicle Examiner /MVE (BPS-14)---Record revealed that the petitioner was initially appointed by the respondents as contingent paid staff for a period of six months in the year 2017 (about five years ago) at monthly fixed pay vide an order duly issued by Excise and Taxation Officer (Admin)---Contingent service of the petitioner had been extended from time to time---Hence, service status of the petitioner as contingent paid staff was not controversial and was admitted by the respondents---In an official letter addressed to Deputy Director Excise and Taxation Department, the concerned district Excise and Taxation Officer (ETO) had highly recommended the petitioner for regularization of his service against the vacant post of MVE (BPS-14) as he was fulfilling the criteria as required for the said post---Said ETO had also added that the petitioner was working as MVE for the last six months and he had acquired ample experience in matters related to physical examination of vehicles---Moreover, the Deputy Commissioner in his letter addressed to the respondent (Secretary Excise and Taxation), had also requested the said respondent to provide employment to the petitioner being most deserving and poor person on the ground that he had provided land for the construction of Excise and Taxation Office ---Furthermore, the post of MVE (BPS-14) was still vacant in relevant ETO, hence, the regularization case of the petitioner needed consideration by the respondents under the relevant provisions of the Gilgit-Baltistan Employees (Regularization of Services) Act, 2020---Chief Court referred the matter of the petitioner to the relevant Regularization Committee to consider his case in the light of recommendations of ETO---Writ petition was disposed of accordingly. JUDGMENT ALI BAIG, C.J.---Through the instant writ petition filed under Article 86(2) of the Government of Gilgit-Baltistan Order, 2018, the petitioner being contingent paid staff has sought regularization of his service as Motor Vehicle Examiner (MVE) (BPS-14) in Excise and…
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