FEDERAL PUBLIC SERVICE COMMISSION vs Mrs. ZAKIA LATIF and, others
This petition for leave to appeal was filed by the Federal Public Service Commission (FPSC) challenging a Lahore High Court judgment that directed the regularization of the respondent, a senior teacher appointed on an ad hoc basis. The core legal question was whether the FPSC possessed the authority to unilaterally reclassify the respondent's employment category—which had been determined by the Ministry of Education—thereby disqualifying her from a government regularization policy. The Supreme Court upheld the High Court's decision, dismissing the petition. The Court held that the Ministry of Education, as the relevant component of the Federal Government responsible for the policy, was in the best position to allocate the proper category to its employees. The Court found that the FPSC failed to justify its authority to override the Ministry’s classification. The key principle laid down is that where a government department is tasked with implementing a regularization policy, its determination of an employee's category within that policy is entitled to deference, and an external body like the FPSC cannot arbitrarily alter such classification without clear legal authority.
- Does the Federal Public Service Commission have the authority to unilaterally change the employment category of an ad hoc employee assigned by the Ministry of Education?
- Is the categorization of employees for regularization under a government policy a matter within the exclusive domain of the Federal Public Service Commission?
- Can a High Court interfere with the categorization of an employee made by a government ministry for the purpose of regularization?
- 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 Schools and Colleges (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 Commissions 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 DAG 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 FPSC, by changing her category, has taken away her right of regularization.
5. We having heard the learned counsel for the parties when confronted, learned DAG that respondent being an employee of Ministry of Education was placed in category-1 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.