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Regularization cannot be claimed as a Matter of Right and must align with Statutory Requirements and Financial Considerations --- Supreme Court of Pakistan

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Regularization cannot be claimed as a Matter of Right and must align with Statutory Requirements and Financial Considerations --- Supreme Court of Pakistan

Islamabad 24-12-2024: The Supreme Court of Pakistan has set aside a Lahore High Court order directing the regularization of 236 contractual employees of the Zakat and Ushr Department, Punjab, emphasizing the necessity of statutory compliance, financial approval, and cabinet ratification in employment matters.

The three-member bench, headed by Ms. Justice Ayesha A. Malik, delivered the judgment, holding that the High Court had overstepped its constitutional jurisdiction by issuing directives without proper adherence to legal and procedural requirements. The case revolved around employees seeking permanent status for their contractual positions, which the High Court had supported through an earlier decision.

The Court ruled that the regularization of posts requires cabinet approval as per Article 130(6) of the Constitution. Recommendations made by sub-committees cannot be enforced unless ratified by the full cabinet.

The creation of new posts and their regularization lacked the necessary approval from the finance department, violating the Punjab Government Rules of Business, 2011.

The employees’ claims did not meet the criteria under the Punjab Regularization of Service Act, 2018, or its subsequent amendment in 2019.

The Court reaffirmed that regularization is a policy matter falling exclusively within the executive’s domain and that Courts must avoid interference.

The bench cited landmark cases, including the Mustafa Impex case (PLD 2016 SC 808), to underscore the principle that decisions involving public funds or governance require collective cabinet approval. It further noted that regularization cannot be claimed as a matter of right and must align with statutory requirements and financial considerations.

The Supreme Court of Pakistan allowed the appeal by the Punjab Government, ruling that the High Court’s decision had violated established legal principles. The judgment reaffirms the necessity of procedural and constitutional compliance in matters of public employment, particularly regularization.