Mehmood Ali vs Province of Balochistan S — 2026 MLD 290 QUETTA-HIGH-COURT-BALOCHISTAN

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Mehmood Ali VS Province of Balochistan S. 3---Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 1979, R. 3---Regularization of contract employees---Scope---Petitioners, who were appointed on a contract basis against various posts in different government departments, sought issuance of a writ directing the government to regularize their services with retrospective effect in terms of regularisation policies issued by the provincial cabinet---Validity---Appointment on a contract basis is governed strictly by the terms and conditions of the contract agreement executed between the parties, and a contract employee does not acquire any vested right to claim regularization as a matter of right unless such regularization is backed by statutory rules or a valid, enforceable policy framed by the competent authority---Government possesses the prerogative to determine the mode and manner of recruitment keeping in view administrative exigencies and financial implications---Policies framed for regularization of contract employees are in the nature of a concession or a one-time dispensation and must be interpreted strictly in accordance with their tenor and conditions---Petitioners failed to fulfill the mandatory prerequisite criteria laid down in the regularisation policy, such as completion of the required continuous service period or possessing the prescribed academic qualifications at the time of their initial induction through the proper selection forum (Public Service Commission or departmental selection committee)---High Court held that back-door entries or regularisation of contract employees bypassing the competitive selection process enshrined in the constitution and civil servants act cannot be regularized by judicial intervention unless protected by explicit statutory provisions---Constitutional petitions were dismissed.

Mehmood Ali vs Province of Balochistan S — 2026 MLD 290 QUETTA-HIGH-COURT-BALOCHISTAN

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