SECRETARY, MINISTRY OF FINANCE, ISLAMABAD vs TAYYABA HALIM SUBHANI art — 2022 PLC(CS) 514 SUPREME-COURT

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SECRETARY, MINISTRY OF FINANCE, ISLAMABAD VS TAYYABA HALIM SUBHANI art. 361---Constitution of Pakistan, art. 25---Teachers/lecturers employed on daily wage basis before being regularized---Pensionary benefits, calculation of---Whether service period rendered by teachers/lecturers on daily wage basis was to be counted towards calculation of pensionary benefits and pay---Held, that respondents (lecturers/teachers) were working in institutions that were admittedly being managed by the Federal Directorate of Education ('the Directorate'), which had itself issued the Education Code, 2006 which such schools were required to follow to regulate their affairs---Paragraph 30 of said Code provided that the Directorate had empowered heads of institutions to manage pays and salaries of daily wage staff---Services of the respondents were utilized by the Directorate/Government for years on end to their satisfaction until the time the respondents asked for pay protection and pension; their services were substantive and permanent which were paid for on behalf of and with the consent or approval of the Government---although employment of the respondents was not permanent within the meaning of art. 361 of Civil Service Regulations, the establishment under which they were working was permanent and the fact that they rendered services for years showed that they were not employed on temporary basis as a stop-gap arrangement for short periods of time---Offering respondents new contracts from time to time after expiry of previous contract, were artificial breaks, which could not render their services to be purely temporary---Moreover the Federal Public Service Commission was approached to test the qualifications and antecedents of respondents and make its recommendations by itself, which showed that these posts were permanent in nature---Further an order/memorandum dated 25-01-2006 was passed by Ministry of Education whereby it was stated that service rendered by lecturers on an ad hoc basis could be counted towards their pay and pensionary benefits---If this was so, it was hard to understand why the same benefit was not extended to respondents, who were initially appointed on daily wage basis---Service Tribunal had rightly ordered the Directorate/Government to provide pay protection to the respondents by counting the service they had rendered on daily wage basis for pensionary benefits and pay---appeal and petitions for leave to appeal were dismissed with the observation that employing teachers on daily wages basis was not only detrimental to the education sector of the country but was also a discouraging factor for future teachers who in turn were demotivated and discouraged a profession which was pivotal in the lives of future generations.

SECRETARY, MINISTRY OF FINANCE, ISLAMABAD vs TAYYABA HALIM SUBHANI art — 2022 PLC(CS) 514 SUPREME-COURT

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