Speaking Order – Regularization of Contract Employees with immediate Effect dt 26.06.2023
OFFICE MEMORANDUM
Subject: Regularization of Contract Employees
No.SO(EM-II)18-149/23. WHEREAS. Ghulam Qadir Qadri, ex-Instructor English, Govt. Sadiq Graduate College of Commerce, Bahawapur filed appeal against the order dated 30.01.2023 passed by the Special Secretary Higher Education whereby his request for regularization of his services from the date of Initial appointment or from 01.08.2012 when he was transferred from TEVTA to Higher Education Department was rejected. Simultaneously, he filed W.P. No.2416/2023 in the Lahore High Court, Bahawalpur Bench, Bahawalpur and the Hon’ble Court, vide order dated 20.03.2023, disposed of the case with the following observation:-
“… Appellate Authority (Chief Secretary Punjab), is directed to decide the application of the petitioner expeditiously, if pending before him through a well-reasoned speaking order in accordance with law after affording an opportunity of hearing to all concerned”.
Thereafter, the petitioner filed Crl. Org. No.424/2023/BWP in Writ Petition No.2416/2023 in the Lahore High Court, Bahawalpur Bench, Bahawalpur.
2. AND WHEREAS, Comments were obtained from the Administrative Department. Mr. Asim Sadiq Qureshi, Member-I (Inquiries), S&GAD was appointed as Hearing Officer to afford personal hearing to the petitioner and to submit a detailed report to arrive at a definitive decision.
03. AND WHEREAS, The Member-I (Inquiries), S&GAD after affording personal hearing to the petitioner in the presence of the Departmental Representative of the Higher Education Department submitted a hearing report stating therein that the petitioner reiterated the points already raised in his appeal. He contended that he was recruited in TEVTA vide order dated 20.04.2004 and his services were shifted to Higher Education Department. Subsequently, his services were regularized on 01.08.2017 by the Higher Education Department. The petitioner prayed that the impugned order dated 30.01.2023 might be set aside and his services be regularized from the date of initial appointment or from 01.08.2012 when his services were transferred from TEVTA to the Higher Education Department.
04. AND WHEREAS, On the other hand, the Departmental Representative submitted that TEVTA recruited the petitioner in the light of TEVTA Service Rules on 20.04.2004 on a contract basis and he worked on a contract basis till his shifting to the Higher Education Department. In pursuance of the approval of the Chief Minister/ Competent Authority, TEVTA transferred all Commerce Education Institutions along with their employees, assets, and liabilities to the Higher Education Department vide Notification dated 31.07.2012. Accordingly, the Higher Education Department took over the charge of 118 Institutes/colleges of TEVTA along with the employees and liabilities w.e.f. 01.08.2012 vide notification dated 01.08.2012. The terms and conditions of TEVTA were different from the terms & conditions of employees of the Higher Education Department.
Therefore, the Department Initiated a summary for the Chief Minister to streamline and protect the services of the petitioner on a par with the employees of the Higher Education Department. Thereafter, the Department Initiated the regularization process of the Commerce’s stream employees Including the petitioner and with the approval of the Chief Minister / Competent Authority, the services of the petitioner were regularized w.e.f. 01.08.2017 vide Notification dated 21.08.2017 In relaxation of Rule 16 of the Punjab Civil Servants (Appointment and Conditions of Services) Rules, 1974 and Rule 6 of the Punjab Public Service Commission (Functions) Rules, 1978 and policy letter dated 01.03.2013 to the extent of the petitioner.
In 2018, the “Punjab Regularization of Services Act, 2018” was promulgated. According to Section 6 of the Act ibid, the services of the contract employees shall be regularized with immediate effect. The petitioner had already been granted maximum relief by the Government of the Punjab. Therefore, the stance of the petitioner regarding regularization from the initial date of appointment or from 01.08.2012, when he was transferred to the Higher Education Department, was not covered under Law.
The petitioner along with others filed Writ Petition No.20004/2019 with the Lahore High Court, Lahore, and the Court, vide order dated 18.10.2022, directed the Secretary of Higher Education to decide the pending representation. Subsequently, the Secretary of Higher Education rejected the pending representation of the petitioner, vide impugned order dated 30.01.2023.
05. AND WHEREAS, After examining the record/material available in the case file, considering arguments presented by the petitioner and the report of the Hearing Officer, it is observed that Section 2(f) of the Punjab Regularization of Service Act, 2018 states that “regularization” means the appointment of an eligible contract employee on regular basis, with Immediate effect. Section 6(1)(a) of the Act ibid also provides for the regularization of service of a contract employee with Immediate effect.
The Supreme Court of Pakistan, vide order dated 10.03.2021 and judgment dated 25.03.2021, has categorically declared that the regularization of a contract employees shall be considered with Immediate effect In terms of the Punjab Regularization of Service Act 2018. Consistent governmental policies on regularization have finally manifested themselves in the Punjab Regularization of Service Act, 2018 which specifically provides for regularization with Immediate effect. Therefore, there has been a consistent design behind the scheme of regularization and it has always been conceived from the date of regularization.
It does not stand to reason to upset this uniform governmental policy, which has not received legislative support under the Act ibid. Therefore, it can be conclusively declared that as per the Punjab Regularization of Service Act 2018, and according to the existing policy of the Punjab Government contained in policy circulars Issued by the Regulations Wing, S&GAD from time to time the regularization is required to be considered with immediate effect. There is no provision for regularization retrospectively in any law/policy/rules.
06. AND THEREFORE, under the circumstances, I, Zahid Akhtar Zaman, Chief Secretary, Punjab, do hereby reject the appeal of Ghulam Qadir Qadri, being devoid of merit and contrary to the law/rules.
