TARIQ MEHMOOD AAMIR vs GOVERNMENT OF THE PUNJAB Contract employees — 2025 PLC(CS) 1029 LAHORE-HIGH-COURT-LAHOR

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TARIQ MEHMOOD AAMIR VS GOVERNMENT OF THE PUNJAB Contract employees---Date of regularization---Whether date of regularization would operate from the date of regular appointment---Seniority and Emoluments---Entitlement and Computation---Regular and contractual appointments---Distinction---Facts of the case, in brevity, were that the petitioners were appointed on contract in 2007 in the 'Prosecution Service of Punjab' and their services were terminated later but the High Court held that they were entitled to regularization under the government's notification dated 10.11.2010---They were eventually appointed on a regular basis in 2022, but their appointments were treated as fresh appointments, whereas, the petitioners sought regularization from the dated of notification dated 10.11.2010 for seniority and benefits---Question before the High Court was as to "whether the date of regularization of the petitioners (employees) should be considered as 10.11.2010 (the date of the notification)"---Held: The notification dated 10.11.2010 served as a policy guideline for the prospective regularization of the contract employees and it did not confer an automatic or retrospective right to regularization---Rather, each case required evaluation based on specific criteria, including performance and the fulfillment of prescribed qualifications---The notification did not stipulate that regularization would be effective from the date of initial contract appointment or from the date of the notification---Instead, it provided a framework for considering the contract employees for regularization---Only upon regularization, the contract employees would enter the regular service stream anew, without retrospective benefits---Contractual employees enjoyed no vested right to regularization much less to be regularized from any particular date---The benefit of regularization extended to them under the regularization policy was prospective in nature and there was no legal justification to give it retrospective application---Any such step would have totally negated the purpose and significance of the contract appointment policy by leaving no distinction between a contractual and a regular employee---Regularization in service was to be treated as a fresh appointment to maintain the integrity of the civil service system and to protect the rights of the existing civil servants---Both regular and contractual employees were governed by two separate and distinct legal frameworks---Contractual appointments were governed by specific terms and conditions distinct from those applicable to the regular civil servants---Therefore, allowing the contract employees to claim seniority from the date of notification would have infringed upon the rights of existing regular civil servants, disrupting established hierarchies and entitlements---Therefore, date of regularization could not be the date of the regularization policy envisaged under the notification (i.e. 10.11.2010)---Present as well as connected petition being devoid of any merit, were dismissed, in circumstances.

TARIQ MEHMOOD AAMIR vs GOVERNMENT OF THE PUNJAB Contract employees — 2025 PLC(CS) 1029 LAHORE-HIGH-COURT-LAHORE

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