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Regularization policy - Lawyers of Pakistan

Regularization policy

Citation Name : 2019 PLC(CS)N 19 ISLAMABAD
Side Appellant : IMRAN AHMED
Side Opponent : FEDERATION OF PAKISTAN
Rr.18 & 20---Federal public Service Commission (Functions) Rules, Rr.4 & 5---Civil servant s Act (LXXI of 1973), S. 2(a),(e)&(j)---Regularization policy---Initial appointment---Permanent post---Ad-hoc, initial and project posts---Scope---Appellants were civil servant s in different government departments working on ad-hoc, temporary or project posts who were aggrieved of regularization policy framed by government---Validity---Concept of initial appointment referred in Civil servant s (Appointment, Promotion and Transfer) Rules, 1973 was basic concept of induction which had been taken as concept of permanent post; there was no other concept to claim civil servant post on permanent basis in any other form---High Court observed that majority of regularization policies were issued in violation of statutory law and same had been considered illegal as government was bound to act in accordance with law in terms of Constitutional guarantees--- If government itself had violated statutory provision by arranging a stopgap for regularization of employees it would create a chaos and as such illegality could not be condoned by issuance of Federal Government policy rather they needed to change law as made by the Provincial Governments---High Court directed that no one was allowed to hire any person on daily wages , contract basis in any project, organization, office, ministries, divisions etc., except in accordance with law and that all persons had to be appointed on permanent posts only and appointments on ad-hoc basis could not be considered for regularization and no individual could claim any legal right for regularization under any consideration while appointed on ad-hoc basis---High Court also directed that all project employees who were appointed in BPS-16 and above on a project could not claim regularization of their services unless their projects were converted from development to non-development phase by Government of Pakistan, in such eventuality, all those employees who were working on such projects would continue to work and if their initial appointments in projects were made through a transpare nt manner, i.e., advertisement, test and interview, then their cases should be sent to Federal public Service Commission (FPSC) in terms of S. 11-B of Civil servant s Act, 1973 read with powers referred in Rr. 4 & 5 of Federal public Service Commission (Functions) Rules, 1978 their posts and appointments would be considered regularized subject to decision of the Commission on question of their eligibility, qualification and fitness merely on basis of opinion of the Commission or conducting test and interview within a period of six months---High Court further directed that all project employees of BPS-1 to BPS-15 working in projects which were converted from development to non-development would be considered for purpose of their regularization of services by their competent authorities while considering their qualifications, eligibility and fitness on case-to-case basis within period of 6 months (as one-time exercise) subject to condition that their initial selection was made through transpare nt manner i.e., advertisement, test and interview---Intra-court appeal was disposed of accordingly.

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