Reinstatement and promotion

2022 PLC(CS) 175 ISLAMABAD Judicial Precedent

Reinstatement and promotionScope

Respondents through writ petition had sought implementation of the directions of the President of National Highway Council (NHC) whereby he had directed the department to reinstate the respondents in the regular mainstream in one pay grade higher with all back benefits from the dates of their initial appointment

Said direction, during pendency of petition, was revisited and the department was allowed to decide the respondents' case in accordance with the relevant rules

Department declined to regularize the services of the respondents

Services of respondents, however, were regularized pursuant to recommendations of the Cabinet Sub-Committee on the regularization of contractual employees

Constitutional petition was allowed and the department was directed to implement the directions of the President of NHC

Contention of department was that the respondents could not seek their regularization with effect from the date of their initial appointment on contract basis

Validity

One of the respondents had concealed the fact about the dismissal of his appeal by the Federal Service Tribunal and his petition by the Supreme Court in his applications to the President of NHC as well as the Constitutional petition filed before the High Court

Such conduct and attitude had disentitled him from invoking the extra ordinary jurisdiction of the High Court

Respondents had no vested right to seek appointment on regular basis in higher pay scale with effect from the date when they were initially appointed on contract basis

President of NHC had no authority to grant the sort of relief as was given to the respondents

Said order was recalled by the President of NHC

Department had rejected the application for regularization of their services

Such order was not challenged by the respondents

Intra Court Appeal was allowed and the Constitutional petition was dismissed.

2014 PLC(CS) 507 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 4(a)(b)Sacked Employees (Reinstatement) Ordinance (II of 2009)' S.6Constitution of Pakistan, Art.199Constitutional petitionSacked employeesReinstatement and promotionPrinciples

Petitioners were employees of National Highway Authority and their grievance was that their path of promotion could not be blocked by contract employees reinstated over and above them furthermore they should be promoted first and then sacked employees should be absorbed on leftover seats

Validity

Reinstatement was categorized by Sacked Employees (Reinstatement) Ordinance, 2009 as well as Sacked Employees (Reinstatement) Act, 2010, in two heads i.e. in terms of Ordinance, a person in corporation or government service held post on contract against a regular post and his contract was extended at least once and he had been subsequently dismissed from service, such employee would be reinstated immediately and adjusted against regular post

Other limb of such provision of law dealt with person in corporation or government service appointed on contractual basis against a temporary post and was dismissed, removed or terminated before completion of his contract period, such person would be reinstated immediately for remaining portion of his contract

Contract employee against temporary post was to be reinstated for remaining portion of his contract and he could not be considered at par with all those contract employees who were employed against a regular post, such was the position until Sacked Employees Reinstatement Ordinance, 2009, was in force

Sacked employee appointed on permanent or temporary post; or regular or ad hoc post or otherwise in any corporation or government service against regular or temporary post, in terms of S.4(a) of Sacked Employees (Reinstatement) Act, 2010, would be reinstated and regularized in regular service of the employee on one scale higher of his substantive scale, grade, cadre, group or post of designation, whatever the case might be, held by such employee at the time of his dismissal from service or at the time forced golden handshake was given to the sacked employee

Provisions of S.4(a) of Sacked Employees (Reinstatement) Act, 2010, needed no clarification that it was not meant for an employee who was appointed purely on contract basis

Word "temporary" used in S.4(a) of Sacked Employees (Reinstatement) Act, 2010, or the word "otherwise" could not be kept at par with the word "contract basis"

Constitutional petition was allowed in circumstances.