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Supreme Court of Pakistan Upholds Regularization of Disabled NADRA Employee, Dismisses NADRA’s Appeal

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Supreme Court of Pakistan Upholds Regularization of Disabled NADRA Employee, Dismisses NADRA’s Appeal

Islamabad 07-02-2025: In a landmark decision, the Supreme Court of Pakistan dismissed the appeal filed by the National Database and Registration Authority (NADRA) and upheld the Lahore High Court’s directive to regularize the services of respondent No. 1, a disabled employee. The case, “Chairman, NADRA & Others Vs. Abdul Majeed & Another” [C.P.L.A. 6059-2021], has significant implications for the employment rights of disabled persons in the country.

The respondent No. 1, who suffers from Primary Periodic Paralysis in his right leg, was appointed as Naib Qasid on a contract basis under NADRA’s disabled persons’ quota in February 2011. Although NADRA introduced a policy in 2012 to regularize employees who had completed one year of contractual service by February 29, 2012, respondent No. 1 was denied regularization for being three days short of the eligibility requirement.

Feeling aggrieved, respondent No. 1 filed a Writ Petition in the Lahore High Court [W.P. No. 6539/2014], which ruled in his favor, directing NADRA to regularize his services. NADRA challenged this decision in the Supreme Court of Pakistan, arguing that respondent No. 1 did not meet the policy criteria and citing previous case law to assert that contractual employees have no automatic right to regularization.

The Supreme Court of Pakistan, in its judgment authored by Mr. Justice Muhammad Ali Mazhar, rejected NADRA’s arguments and upheld the Lahore High Court’s decision. The Court emphasized that NADRA’s refusal to regularize respondent No. 1’s services was discriminatory, especially considering that other employees with similar or lesser service periods had been regularized.

The Court ruled that NADRA’s selective application of its regularization policy violated Article 25 of the Constitution, which guarantees equality before the law. The judgment highlighted that respondent No. 1 was discriminated against despite performing his duties satisfactorily.

The Court underscored the special consideration required for disabled persons in employment matters, referring to both local laws, such as the Disabled Persons (Employment & Rehabilitation) Ordinance, 1981, and international commitments under the UN Convention on the Rights of Persons with Disabilities (2006).

The Court clarified that NADRA, being a statutory body, is subject to the constitutional jurisdiction of the High Court under Article 199 of the Constitution when its own policies are not implemented fairly.

NADRA’s failure to file an Intra-Court Appeal (ICA) before approaching the Supreme Court of Pakistan was also highlighted. Although the Court did not dismiss the case solely on procedural grounds, it emphasized that bypassing ICA can undermine a Petitioner’s position.