Judgment Regarding Regularization of Project Based Employees

The Lahore High Court Lahore Judicial Department has issued a judgment on 25-10-2021 in connection with Judgment Regarding Regularization of Project Based Employees. You can read the summary of these project staff regularization summaries as under:

Decision Regarding Regularization of Project Based Employees

Learned counsel for petitions submits that of petitioners for regulation of their services, working in BS-16 and above, are liable to be referred to the Punjab Public Service Commission, whereas cases of other petitioners are to be referred to the Security Committee constituted under the provisions of the Punjab Regularization of Service Act, 2018(“the Act of 2018”), but there is inaction on the part of respondent-Authorities, which is unwarranted. He further submits that petitioners being citizens of the Islamic Republic of Pakistan are entitled to be treated in accordance with law as per the mandate of Article 4 of the Constitution of the  Islamic Republic of Pakistan, 1973 (“the Constitution”). He further submits that petitioners are being subjected to discrimination as services of the other similarly placed employees have already been regularized, but petitioners have been denied the said relief.   In Support, he has referred to the Government of Khyber Pakhtunkhawa through Secy. Agriculture and others v.Adnanullah (2016 SCMRR 1375), Rizwan Javed and others v. Secretary Agriculture Livestock and others (2016 SCMR 1443),  Qayyum Khan v. Divisional Forest Officer, Mardan and others (2016 SCMR 1602), Mst.Habila Niaz and others v. Secretary Health and others. [2020 PLC (C.S) 675] and Kiran Jaan v. Province of Punjab though Chief Secretary and 4 others [2021 PLX (C.S.) 1066].

 

Conclusion of the Decision

 

Even otherwise, it has also been held by the Hon’ble Supreme Court that other similarly placed employees could not be discriminated without any cogent reason, by violating the provisions of Article 25 of the Constitution and it was the duty of their organization to protect their fundamental rights enshrined in Article 9 of the Constitution. Reliance is placed upon Engineer Naraindas and another v. Federation of Pakistan and other (2002 SCMR 82), Tehsil Municipal Administration, Rahimyar Khan and others v. Hanif Masih and others (20008 SCMR 1058) and Ejaz Akbar Kasi and others v. Ministry of Information and Broadcasting and others (PLD 2011 Supreme Court 22).

 

Special Thanks: Mr. Aariz

 

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Judgment Regarding Regularization of Project Based Employees

 

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