Mst. ASHI vs PROVINCE OF PUNJAB through Chief Secretary, Government of the Punjab S — 2022 PLC(CS) 564 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PLC(CS) 564 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PLC
Parties: Mst. ASHI vs PROVINCE OF PUNJAB through Chief Secretary, Government of the Punjab S
Subject matter: Service
Provisions referred to: S. 4---P; S. 23---R; S. 23; S. 31; Punjab Land Records Authority Act (VI of 2017); Punjab Civil Servants Act (VIII of 1974); Punjab Civil Servants Act; Punjab Land Records Authority Act; Service Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mst. ASHI VS PROVINCE OF PUNJAB through Chief Secretary, Government of the Punjab S.4---Punjab Land Records Authority Act (VI of 2017), Ss.11 & 31(f)---Punjab Civil Servants Act (VIII of 1974), S. 23---Regularization of service--- Service rules, nature of---Petitioners were appointed by Board of Revenue as Assistant Directors Land Records but their services were not regularized--- Validity---Prior to transfer of Punjab Land Revenue Authority (PLRA), terms and conditions of petitioners were governed under Punjab Directorate of Land Records Posts Service Rules, 2010, which were further amended in year 2016, framed under statutory provision of S. 23 of Punjab Civil Servants Act, 1974--- Such rules could not be termed as non-statutory---Petitioners were adjusted in PLRA in the light of S.31(f) of Punjab Land Records Authority Act, 2017---In cases where contract employees were appointed on recommendation of Punjab Public Service Commission, it was duty of the department to put up their cases before Appointing Authority for regularization--- In respect of petitioners, Appointing Authority was Member (Revenue) / Senior Member Board of Revenue---Appointment letters were issued in favour of petitioners by Directorate of Land Records, Board of Revenue---Incumbent upon Member (Revenue) / Senior Member Board of Revenue to regularize services of petitioners in the light of Punjab Regularization of Service Act, 2018---High Court directed the authorities to place case of petitioners and other selectees, who were in service, before Senior Member Board of Revenue to regularize services of petitioners and similarly placed person---Constitutional petition was allowed, in circumstances.

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