The Lahore High Court Lahore has given its decision on 6th November 2013 in connection with Regularization and Reinstatement of the Employees of Environmental Protection Department Government of the Punjab.
All the appellants were appointed either through Public Service Commission or Departmental Selection Committee according to their respective education and eligibility in Environmental Protection Department Government of the Punjab. The appellants were appointed on contract bases under the Govt of the Punjab Contract Appointment Policy 2004, their contract of service remained in continued till 30-06-2012, when the appellant’s contract of service was terminated informing that the project has been ceased to exit. The appellants filed writ petitions challenging their termination of services.
Learned counsel for appellants submits that the Leaned Single Judge while passing the impugned orders has failed to appreciate the facts and law applicable on the facts of the cases, the respondents have wrongly terminated the appellants contract of service as the project has been declared project of permanent nature, the respondents are planning to hire fresh employees for the post held by the appellants. Leaned counsel of the appellants submits that the project was for the purpose of establishing environmental laboratories by putting their expertise, experience and day & night labour. All the laboratories become functional before 30-06-2012. After completion of the environmental laboratories, in 24th evaluation meeting dated 02-07-2011, the Govt of the Punjab decided that the appellants projects be transferred with allied assets from development side to non development side. It is admitted fact that the project has been transferred from developmental to non developmental side and to run the laboratories, the respondents have to recruit fresh employees. The appellants have already completed more than three years and have gained sufficient experience. The newly appointed staff will be inexperienced and will not be able to deliver the required results.
In the above said circumstances, we accept both the Intra Court Appeals and declare that the appellants are the permanent employees of respondent Govt and they are entitled for payment of salaries from the day when they will resume their duties.
This post has been delivered by Mr. Tauseef Ahmed.