Only National Highway Authority’s Statutory Bodies, not Cabinet Sub-Committees, have the Authority to Regularize Employees --- Islamabad High Court, Islamabad
Islamabad 04-12-2024: The Islamabad High Court (IHC), in a detailed judgment authored by Mr. Justice Babar Sattar, has concluded a long-standing dispute regarding the regularization of contractual employees within the National Highway Authority (NHA). The Court dismissed multiple writ petitions and execution petitions, emphasizing the primacy of statutory compliance in employment decisions while balancing equitable considerations for long-serving contractual employees.
The Islamabad High Court (IHC) ruled that the NHA had appropriately implemented the Supreme Court of Pakistan directive from June 2, 2016. The regularization of contractual employees was conducted in accordance with the National Highway Authority Act, 1991, and associated rules, following recommendations by the Scrutiny Committee and approval by the National Highway Council in its 38th and 40th meetings.
The Court reaffirmed that the Cabinet Sub-Committee lacked jurisdiction to regularize employees of statutory bodies like the NHA. Such decisions, it held, must originate from the Executive Board and the National Highway Council under the NHA Act. This principle aligns with the Supreme Court’s precedent in Syed Mubashir Raza Jaffri Vs. EOBI (2014 SCMR 949).
To address competing interests of regular and contractual employees, the NHA established the National Highway Special Service Cadre (NSSC). This measure maintained the seniority and career progression of regular employees while providing a structured path for contractual employees.
The Court emphasized the importance of transparent, merit-based recruitment processes, discouraging ad hoc or irregular appointments. It warned that the current regularization should not serve as a precedent for future practices.
The judgment acknowledged the long service of contractual employees, some spanning over a decade, as a factor necessitating equitable considerations. However, it underscored that such considerations cannot override statutory requirements. The Court also highlighted that contractual employees have no vested right to regularization unless sanctioned by the governing framework.
Impact of the Decision:
- For Regular Employees: Their seniority and career progression remain protected under the new NSSC framework.
- For Contractual Employees: The decision formalizes their regularization without disrupting the established organizational hierarchy.
- For Future Recruitment: The ruling mandates strict adherence to statutory rules, ensuring merit and transparency.
The litigation stemmed from conflicting office orders issued by the NHA. An earlier decision by the Cabinet Sub-Committee in 2011 had regularized contractual employees, which was later challenged by regular employees. Subsequent legal disputes culminated in the current resolution by the Islamabad High Court (IHC), affirming the authority of NHA’s statutory bodies to decide employment matters.
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