| Citation(s) |
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| 2025 SLG 1583 2025 SLD 1583 = 2025 SCMR 443 |
Civil Petition No. 1114-L of 2022, decided on 20th December, 2024. (Against order dated 02.02.2022 passed by the Lahore High Court, Lahore in Review Application No. 20 of 2021).
Present: Ayesha A. Malik, Irfan Saadat Khan and Shahid Bilal Hassan, JJ
Khalid Ishaq, Advocate General, Punjab for Petitioners. Ch. Pervaiz Akhtar Gujjar, Advocate Supreme Court for
Respondents Nos. 1 to 3 and 5. Date of hearing: 28th November, 2024.
GOVERNMENT OF THE PUNJAB through Chief Secretary, Punjab, Lahore and another ---Petitioners
VERSUS
ZAKA ULLAH and others ---Respondents
Law: Punjab Government Rules of Business, 2011
Section: R 19, 25
Punjab Government Rules of Business, 2011---
----Rr. 19 & 25---Regularization of posts---Procedure---Vested right---Absence of approval of Finance Department---Provincial Government was aggrieved of direction issued by High Court to adopt special measures to regularize services of respondents / contract employees---Validity---Creation of new posts and change in employment status of respondents were decisions that fell squarely within the purview of R. 19 of Punjab Government Rules of Business Rules, 2011---Absence of Finance Department's approval for such decisions clarified the fact that there is no approval by Provincial Government---Posts were not approved for regularization---Employees cannot claim regularization as a matter of right--Regularization requires a statutory or legal backing and in absence of such a framework, Courts cannot impose any obligation on Government---Mere passage of time or length of service does not give rise to a vested right to regularization--There was no approval by Cabinet and no approval by Finance Department--Matter of regularization was never placed before Cabinet therefore, no recommendations could create any right in favour of respondents / contract employees---Supreme Court set aside judgment passed by High Court---Appeal was allowed.