MUHAMMAD DANISH SAJID vs SECRETARY, GOVERNMENT OF PUNJAB R — 2025 PLC(CS) 841 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD DANISH SAJID VS SECRETARY, GOVERNMENT OF PUNJAB R. 17-a---Contract appointment Policy, 2004---Notification No.SOR-III(S&GaD)2-8/2018 dated 29-10-2019---Civil service---Contract employee---absence from duty---Existence of policy of the Government to make appointment under R. 17-a of the Punjab Civil Servants (appointment and Conditions of Service) Rules, 1974, (Rules) on regular basis---Termination from service after serving one month's notice relinquishing the regular inquiry already initiated against the employee---appeal preferred by the employee was accepted and he was reinstated, but subsequently the order of his reinstatement was withheld on the ground that his case being covered under the Contract appointment Policy, 2004, he could not be reinstated after his termination---Validity---Once the disciplinary proceedings were initiated, the respondent-department was estopped from taking a somersault and invoking the clauses pertaining to termination of contractual appointment by serving one month's notice---In terms of Notification/Policy of the Government, petitioner was to be appointed on regular basis since date of his induction, thus, he was entitled to regular inquiry---action of the respondent-department in first denying the regular appointment to the petitioner on the basis of R. 17-a of the Rules and then not proceeding further in terms of the Punjab Employees Efficiency, Discipline and accountability act, 2006, violated due process rights of the petitioner, thus, respondent-department through the reinstatement order of the petitioner rightly treated appointment of the petitioner as regular by operation of the Notification whereas the Revisional authority had taken jaundiced view of the matter by not appreciating such aspect of the matter while passing the order, which could not be sustained---Constitutional petition was allowed, in circumstances.

MUHAMMAD DANISH SAJID vs SECRETARY, GOVERNMENT OF PUNJAB R — 2025 PLC(CS) 841 LAHORE-HIGH-COURT-LAHORE

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