REGULARIZATION OF SERVICE
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| Regularization Of Service with effect from the date of regularization. C.P.43-L/2021 to C.P.58-L/2021 Supreme Court Of Pakistan |
IN THE SUPREME COURT OF PAKISTAN
(Re-appraising Jurisdiction)
Present
Mr. Justice Manzoor Ahmad Malik Justice
Mr. Justice Syed Mansoor Ali Shah
Mr. Justice. Justice Amin-ud-Din Khan
C.P.43-L/2021 to C.P.58-L/2021
(Against the request for Punjab Service Tribunal, Lahore dated 26-10-20, passed in appeal no 321 to 336 of 2020)
Appointee Director Food Faisalabad Division, Faisalabad, and so on
(On the whole cases)
...… .Petitioner(s)
Versus
Muhammad Tauqir Shah (In CP 43-L/2021)
Waqar Ahmad (In CP 44-L/2021
Muhammad Shahzad Hashmi (In CP 45-L/2021)
Aqeel Abbas Khan (In CP 46-L/202
Muhammad Abu Bakkar Siddique (In CP 47-L/2021
Asad mad (In CP 48-L/2021
Shakeel Ahad Khan (In CP 49-L/2021
Muhammad Imran (In CP 50-L/2021
Muhammad Irfan (In CP 51-L/2021)
Kashif Javaid (In CP 52-L/2021)
Muhammad Usman Haider (In CP 53-L/2021)
Muhammad Bilal (In CP 54-L/2021
Aftab Ahmad Saghar (In CP 55-L/2021)
Nakash Sabir (In CP 56-L/2021)
Zia Akbar (In CP 57-L/2021)
Saif Ullah (In CP 58-L/2021)
…
.Respondent(s)
For the petitioner(s): Rana Shamshad Khan, Addl. A.G.
(On the whole cases)
For the respondent(s): Hafiz Tariq Nasim, ASC.
(On the whole cases)
Date of hearing: 10.03.2021
Request
Syed Mansoor Ali Shah, J.- The administrations of the respondents were in fact regularized under Punjab Regularization of Service Act, 2018 ("Act"), accordingly, the sole question before us is the assurance of the date of regularization C.P.43-L of 2021, and so on 2 .e., regardless of whether it is from the date of regularization of the assistance of a representative or whether from the date of the beginning arrangement of the on an agreement premise. The Punjab Service Tribunal through criticized united request date 26.10.2020 tracked down that the regularization of the respondents will be the date of their beginning arrangement under the agreement, yet the criticized request has neglected to talk about the arrangements of the Act.
2. We have heard the learned insight for the gatherings and have gone through the arrangements of the aforementioned Act. The Act accommodates arrangements on the normal premise of workers serving on.1 The The act is relevant to people utilized in an office, who have finished three years constant help previously or after the beginning of the Act.2 "Regularization" under the The act implies the arrangement of a qualified agreement worker on the ordinary premise, with quick impact, as per the Act.3 The The act further gives that the agreement representatives who have constantly been filling in as such for a period of at least three a long will be qualified to be considered for arrangement on a standard
premise if;
(a) a normal opening distributed for beginning
enrollment is accessible for regularization;
(b) he is equipped for the post;
(c) he has not been designated on an uncommon compensation bundle;]
(d) his execution
during the time of agreement has remained agreeable; and (e) he doesn't pick to proceed as
agreement
employee.
4 The method for regularization gave under the Act is
that the agreement worker designated
on the proposals of the Punjab Public be submitted to the selecting
expert for regularization without reference to the
Commission or the Scrutiny Committee as comprised under Section
5 of the Act. In any case, if the post in the question falls inside the domain of the Commission and thethe the contract worker is designated in any case then on the Commission for recommendations5 and if the post is outside the domain of the Commission, the instance of an agreement worker will be put before the ScrutinyCommittee comprised under the Act for proposals. The arrangements made under segment 4 of the Act will be with quick effect
.6 The assistance delivered by an agreement a representative will not be meant pensionary
benefits or for some other reason whatsoever
.7 Contract worker, who isn't suggested for
regularization by the Commission or, all things
considered, the Scrutiny Committee will be fired forthwith
.8 An agreement worker, who is regularized, will be
put at the lower part of the rank rundown
of the individual unit and will rank junior to the next common servants
.9 An agreement representative, regularized under the Act will stop being administered by the Contract Appointment Policy, 2004 and the terms and states of the agreement and will be controlled under Punjab Government employees Act, 1974 and the guidelines outlined thereunder.10
3. The plan of the Act obviously shows that the regularization of an agreement is with prompt impact i.e., from the date of regularization. Learned insight for respondents has put independence on specific requests of this court in the matter of regularization.
11 We have examined the said orders and seen that they
didn't talk about the Act or its
arrangements and the regularization in the said orders were based on the Policy reported by the government, in
this way, they are not important for our
motivations. The of the Act is unambiguous and plainly notice that regularization will be with prompt
impact i.e., from the date of terms.
Lahore,
tenth March 2021.
Endorsed for revealing
Iqbal
Judge
Judge
Judge
proposals of the Commission, the case will
be alluded to
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