FEDERAL PUBLIC SERVICE COMMISSION vs Mrs. ZAKIA LATIF and otherss
This petition for leave to appeal under Article 185(3) of the Constitution of Pakistan 1973 challenged a judgment of the Lahore High Court regarding the regularization of an ad hoc teacher. The respondent, initially appointed as a senior teacher on an ad hoc basis, was placed in Category-I for regularization by the Ministry of Education under a 1994 government policy. The Federal Public Service Commission (FPSC) subsequently reclassified the respondent into a different category, thereby denying her regularization under the criteria applicable to Category-I. The core legal question was whether the FPSC possessed the authority to unilaterally alter the category assigned to an employee by the Ministry of Education for the purposes of a government regularization policy. The Supreme Court held that the Ministry of Education, as a component of the Government, was in the best position to allocate the proper category to its employees under the policy. Finding no justification for the FPSC's interference, the Court upheld the High Court's decision, affirming that the Ministry's initial categorization should prevail. Leave to appeal was refused.
- Does the Federal Public Service Commission have the authority to unilaterally change the category of an employee assigned by the Ministry of Education for the purpose of a government regularization policy?
- Is the Ministry of Education the appropriate authority to determine the category of its own employees under a government regularization policy?
- Article 185(3), Constitution of Pakistan 1973
'MUHAMMAD NAWAZ ABBASI, J.--- This petition under Article 185(3) of the Constitution has been directed against the judgment, dated 28-5-2003 passed by a learned Judge in Chambers of the Lahore High Court, Rawalpindi Bench in a constitution petition.
2. The facts in small compass giving rise to the petition are that the respondent No,1 was appointed as senior teacher (English) on ad hoc basis, in 1989 under Regulation No,13 of Islamabad Model School and College (Services Regulations, 1988) and later she was selected as Senior Teacher (English) on regular basis by a Selection Committee but due to ban on appointment, could not be appointed on regular basis and continued as ad hoc teacher. In 1994 the Federal Government introduced the policy of regularization of the employees who were appointed on ad hoc basis during the period from October, 1981 to December, 1990 and were classified into two categories for the purpose of regularization. The Ministry of Education, Government of Pakistan, having processed the case of respondent, placed her in category No,1 but the Federal Public Service Commission by changing her category, declined to recommend her for regularization on the basis of criteria applicable to the employees of the category in which she was placed by the Ministry. The respondent being aggrieved of the action of petitioner, invoking the constitutional jurisdiction of the High Court, filed a writ petition in the matter which succeeded and a learned Judge in the High Court directed for treating the respondent in the category in which she was placed by the Ministry of Education.
3. The learned Deputy Attorney-General has contended that the categorization of the ad hoc employees for the purpose of regularization was a policy decision and it was in the exclusive domain of the petitioner to place an employee in proper category, therefore, the High Court was not supposed to interfere in the matter. Learned D.A.-G. Added that the petitioner while strictly observing the criteria for the regularization, placed the respondent in the category to which she actually belonged.
4. The learned counsel for the respondents on the other hand submitted that the respondent was entitled for regularization in the light of the criteria prescribed for category No,1 in which she was placed by the concerned Ministry and F.P.S.C., by changing her category, has taken away her right of regularization.
5. We having heard the learned counsel for the parties when confronted, learned D.A.-G. That respondent being an employee of Ministry of Education was placed in category-I by the Ministry and how the change of her category by the petitioner, was justified, he without satisfying us regarding the authority of petitioner to change the category of the respondent allocated by the concerned Ministry submitted that the decision taken by the petitioner was quite in consonance with the policy. We are afraid, the policy of regularization was made by the Government and the Ministry of Education, a component of Government, would be in better position to allocate proper category to its employees in the light of the policy in question.
6. In the light of foregoing discussion, we would take no exception to the judgment of the High Court and dismiss this petition. Leave is refused.