P L D 2011 SC 22

Per Iftikhar Muhammad Chaudhry, C.J-

Constitution of Pakistan(1973) Arts. 184(3), 9 & 25-

There is no doubt that policy in respect of such employees for their regularization is to be framed by the respondent PTV but at the same time it is to be borne in mind that there should not be any discrimination and such like employees who are on contract basis for a period of more than 10 years etc. deserve to be considered for regularization as they are working against the existing sanctioned vacancy for which budgetary allocation are also made annually out of which they are being paid regularly.

 Thus in such view of the matter we are of the opinion that the Board of Directors may have not declined the petitioners’ regularization, however it is a fact that regularization of contract employees, if at all is to be made is to depend upon the performance.  The petitioners who have appeared in person state that they have qualified the test and their performance as well is up to mark which is evident that for the last more than ten years they have been allowed to continue work against the vacancies which they are holding without any interference and there is, now, no question to performance at all as they have already shown their performance.

 Therefore, we are of the opinion that the case of the petitioners deserve to be considered by the Board of Directors for the reasons noted hereinabove as they cannot be discriminated without any cogent reason by violating the provisions of Article 25 of the Constitution and at the same time after having spent a considerable period of their lives in the Organization performing duties on contract basis.  It is also the duty of the Organization to protect their fundamental rights enshrined in Article 9 of the Constitution.

 Thus for the forgoing reasons Petitions Nos. 42, 40 and 62 are accepted and the cases are sent to the PTV management for considering their cases for the purpose of regularization or otherwise in view of the observations made hereinbefore. [pp. 24, 25] A,B & C

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