An employee inducted on contractual basis could not demand for regularization: SC
ISLAMABAD, Sep 14 (SABAH): The Supreme Court of Pakistan (SCP) has declared that an employee inducted on contractual basis could not demand for regularization. The court cannot direct Shaheed Banazir Bhutto University, Sheringal, Upper Dir to advertise a post of assistant professor so the applicant Assistant Professor Dr. Sher Wali Khan, inducted on contractual basis should also included in this process.
The court has issued directions to the university to fulfill its obligations in the light of clause 12 of the contract. A three-member bench headed by Chief Justice of Pakistan Justice Umar Atta Bandial and comprising Justice Muhammad Ali Mazhar and Justice Ayesha A. Malik conducted hearing on a petition filed by Assistant Prof. Dr. Sher Wali Khan whose recruitment was made on contractual basis on 27th May 2014.
In the petition, the government of Khyber Pakhtunkhwa was made respondent through Secretary Higher Education, Peshawar and others. During the hearing, Advocate on Record (AOR) Syed Rafaqat Hussain Shah on behalf of applicant appeared before the court and presented his arguments.
During the hearing, while addressing applicant’s lawyer Justice Ayesha A. Malik said that they have issued a number of decisions that an employee recruited on ad-hock basis cannot demand for regularization and continued that there was no legal point in the application. She further said that contractual employees were demanding for permanent jobs for which there is a need to follow a proper procedure and termed the demand unjustified that they are to be regularized without following a particular process as advertisement.
To this, applicant’s lawyer argued that his client was working on handicapped quota on contractual basis since 2014. During the same period, he further argued services of a number of people were being regularized after their induction; however, his client was not regularized so far. He added even his client has no hearing power. The lawyer requested the court to issue directions to the university management for issuance of advertisement and also direct it to include name of his applicant.
Justice Ayesha A. Malik said that contractual employees were demanding for permanent jobs on the basis of their initial induction for which there is a need to follow a proper procedure and termed the demand unjustified that they are to be regularized without following a particular process as advertisement.
Justice Muhammad Ali Mazhar, while addressing applicant’s lawyer said that he should compete when the university would go for publishing an advertisement. Justice Umar Ata Bandial remarked that if needed the university would give advertisement. Justice Ayesha A. Malik said that the university could say that they don’t have capacity of hiring services of new employees as it has no much workload.
Chief Justice remarked that the court could not issue directions to the university for issuing advertisement and added they could not issue directions in this regard; however, the applicant should attach our order with the application and hand over to the university management to convey that it lies in their responsibilities.