QADEER ALI vs PROVINCE OF PUNJAB Project posts — 2024 PLC(CS) 1167 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 PLC(CS) 1167 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: PLC
Parties: QADEER ALI vs PROVINCE OF PUNJAB Project posts
Subject matter: Constitutional

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

QADEER ALI VS PROVINCE OF PUNJAB Project posts---Contract employees---Conversion from development side to non-development side---No right of regularization in service---Policy matter---Judicial review---Scope---Rights of the petitioners had already been safeguarded in lieu of a uniform policy by way of giving them extra marks for their services rendered during the currency of projects---Safeguards were in place for the benefit of the project employees including the petitioners, which was essentially a policy matter falling within the domain of the executive---High Court in exercise of judicial review could not navigate beyond and above the policy set out by the executive limb of the State, for project employees, as this would surely amount to the judicial overreach, therefore, a direction could not be passed to the respondents for regularization of service of the petitioners, as of right, without advertising the posts for general public---Any organization aims at continuity in its working and functions which may run into difficulty if the serving employees are ousted from the service and asked to compete in the process---Petitioners, who were admittedly in service, were allowed to continue to work till the completion of the process of recruitment, on regular basis, through competitive process and further continuation of the petitioners would be determined only if they qualify and stand on the merit list---Constitutional petition was disposed of accordingly.

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