| Citation(s) |
|---|
| 2025 SLG 4547 2025 SLD 4547 = 2025 PLC 154 |
Supreme Court of Pakistan
Civil Petitions Nos.949, 1025, 1028, 1132 to 1134 of 2023, decided on 13th September, 2024. (Against the judgment dated 31.01.2023, passed by the Islamabad High Court, Islamabad in I.C.A. No.514 of 2015 and Writ Petition No.2042 of 2020).
Present: Yahya Afridi, Syed Hasan Azhar Rizvi and Irfan Saadat Khan, JJ
Hafiz S.A.Rehman, Senior Advocate Supreme Court assisted by Mrs. Shireen Imran, Advocate Supreme Court for Petitioners (in C.Ps. Nos.949 and 1028 of 2023). Tariq Mahmood, Senior Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioners (in C.P. No.1025 of 2023). Abdul Rahim Bhatti, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioners (in C.P. No.1032 of 2023) Muhammad Ramzan Khan, Advocate Supreme Court for Petitioners (in C.P. No.1033 of 2023). Dr. G. M. Chaudhry, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-onRecord for Petitioners (in C.P. No.1034 of 2023). S.A. Mahmood Khan Sadozai, Advocate Supreme Court for
Respondents Nos.23 (in C.P. No.949 of 2023). Zubair Hussain Jarral, Advocate Supreme Court for
Respondents (in C.Ps. Nos.1025 and 1134 of 2023). Nemo for
Respondents (in other cases). Hassan Nawaz Makhdoom, Additional Attorney General, Hammad Nazar, Deputy Secretary, Ministry of Overseas Pakistani and HRD and Muhammad Abdullah, A.D. Legal FPSC for the Federation.
Civil Petitions Nos.949, 1025, 1028, 1132 to 1134 of 2023, decided on 13th September, 2024. (Against the judgment dated 31.01.2023, passed by the Islamabad High Court, Islamabad in I.C.A. No.514 of 2015 and Writ Petition No.2042 of 2020).
Present: Yahya Afridi, Syed Hasan Azhar Rizvi and Irfan Saadat Khan, JJ
Hafiz S.A.Rehman, Senior Advocate Supreme Court assisted by Mrs. Shireen Imran, Advocate Supreme Court for Petitioners (in C.Ps. Nos.949 and 1028 of 2023). Tariq Mahmood, Senior Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioners (in C.P. No.1025 of 2023). Abdul Rahim Bhatti, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioners (in C.P. No.1032 of 2023) Muhammad Ramzan Khan, Advocate Supreme Court for Petitioners (in C.P. No.1033 of 2023). Dr. G. M. Chaudhry, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-onRecord for Petitioners (in C.P. No.1034 of 2023). S.A. Mahmood Khan Sadozai, Advocate Supreme Court for
Respondents Nos.23 (in C.P. No.949 of 2023). Zubair Hussain Jarral, Advocate Supreme Court for
Respondents (in C.Ps. Nos.1025 and 1134 of 2023). Nemo for
Respondents (in other cases). Hassan Nawaz Makhdoom, Additional Attorney General, Hammad Nazar, Deputy Secretary, Ministry of Overseas Pakistani and HRD and Muhammad Abdullah, A.D. Legal FPSC for the Federation.
MOHSIN RAZA GONDAL and others---Petitioners
VERSUS
SARDAR MAHMOOD and others---Respondents
Law: Constitution of Pakistan, 1973
Section: 90,91,99
(a) Civil service-------Contract employees---Regularization in service---Scope---Regularization of a contractual employee constitutes a fresh appointment into the stream of regular appointments in civil services.Province of Punjab through Secretary Livestock and Dairy Development Department, Government of the Punjab, Lahore and others v. Dr. Javed Iqbal and others 2021 SCMR 767 ref.(b) Constitution of Pakistan-------Arts. 90, 91 & 99---Executive authority of the Federation, exercise of---Scope--Article 90 of the Constitution provides that the executive authority of the Federation shall be exercised in the name of the President by the Federal Government, which includes the Prime Minister and Federal Ministers but the said authority has to be exercised subject to the Constitution---It means that whenever the authority is exercised, it has to be within the limits prescribed by the Constitution---Neither the Prime Minister nor the members of the Federal Cabinet are permitted to perform their functions beyond the legal provisions i.e. the Constitution, statutory law, and the rules.(c) Civil service-------Contract employees---Regularization of posts in BS-16 and above---Cabinet Sub-Committee, powers of---Scope---Rules of Business, 1973, were duly framed to conduct the business of the Federal Government---Under these rules, although there is a concept of Cabinet Sub-Committees on different subjects, there is no provision for the intervention of a Cabinet Sub-Committee in governing the terms and conditions of service of employees---However, the Cabinet Sub-Committee can recommend reforms in the service structure, which can be approved by the Cabinet in accordance with the law and the Constitution---As, the Cabinet Sub-Committee lacks the authority to recommend the regularization of posts in BS-16 and above, therefore, any recommendation by the Cabinet Sub-Committee to regularize appointments in BS-16 and above is void ab initio and without any lawful authority. (d) Void order-------Any action that is void ab initio and without lawful authority cannot be protected under the doctrine of a 'past and closed transaction'.(e) Civil service-------Contract…