LHC gives relief to litigants of same cases


Dr Waqar Ch

Lahore—Justice Shamas Mehmood Mirza of the Lahore High Court Friday held that “ if a tribunal or this court decides a point of law relating to terms and conditions of civil servants who litigated and same relief be given to other civil servants if they have taken any legal proceedings.
It was held in a writ petition challenging the delay in regularisation of services of adhoc subject specialist Muhammad Aslam.
The court further observed in its judgment that the dictates of justice and rule of good governance demand that the benefit of said decision be extended to other civil servants also who may not have parties to that litigation instead of compelling them to approach the tribunal or any legal forum. These views were also reiterated in other cases too by Supreme Court.
The counsel for the petitioner Mian Jaffer Hussain while pleading informed the court that the petitioner was appointed subject specialist in Education Department Punjab (School) in 1993 in basic pay scale 17 on adhoc basis for the period of one year and services were dispensed with after completion of period.
The services of his batch mate adhoc teachers employed with him were regularised through Punjab Public Service Commission in 2003 in line with direction of the Supreme Court while others in 2009 and 2012 all the time ignoring the petitioner without any lawful plausible reason.
The counsel further contested that petitioner kept pursuing his case before Secretary Education and Chief Minister for regularisation but proved in vain. Quoting the article 25 of constitution of Islamic Republic of Pakistan, said that all citizens are equal before law and entitle to equal protection of law.
The Assistant Advocate General Mrs Saima Khalid opposing disclosed that petitioner slept over two decades and such long period latches did to entitle for any relief and liable to be dismissed. After hearing the detailed arguments advanced by either sides, the court directed the Secretary Education Punjab (School) to regularise the services of petitioner at par with other employees whose services were regularised on 20.12.2012.

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