NAEEM TARIQ SANGHERA and others vs CHIEF SECRETARY, GOVERNMENT OF PUNJAB, LAHORE and others
This matter concerns a petition filed by prosecutors challenging the termination of their services and the requirement for them to undergo examinations for regularization. The core legal question involved the procedural compliance with the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006, specifically regarding the examination requirements for prosecutors. The Supreme Court of Pakistan, upon hearing the parties, disposed of the petitions based on a mutually agreed arrangement. The Court directed the Government of the Punjab to manage the examination of all prosecutors through the Punjab Public Service Commission in two distinct phases within specified timeframes. Furthermore, the Court ordered the Government to pay the petitioners one month's notice pay in lieu of termination, plus additional compensation for an equal period. The holding established that all candidates, whether in the first or second batch, must be treated without discrimination by the Commission. Crucially, the Court affirmed that this arrangement was without prejudice to the impugned judgment, which remained intact, and mandated that the Chief Secretary ensure the implementation of these directions with fortnightly progress reports submitted to the Court.
- Can the Supreme Court direct the Punjab Public Service Commission to conduct examinations for prosecutors in phased intervals?
- Are terminated prosecutors entitled to notice pay and additional compensation in lieu of termination?
- Must the Punjab Public Service Commission treat all batches of prosecutor candidates without discrimination during the examination process?
- Section 8(4), Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006
ORDER
1. ' IFTIKHAR MUHAMMAD CHAUDHRY, CJ.---We have heard the learned counsel for the parties at a considerable length and examined merits of the case with their assistance. However, it is contended on, behalf of petitioners as well as respondents that the petitions may be disposed of in the following terms:--
(1) The Government of the Punjab through Prosecutor General be directed to manage examinations of all the prosecutors presently functioning in the Province in terms of subsection (4) of section 8 of the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006, in two phases:--
(i) The examination of the petitioners shall be conducted by the Punjab Public Service Commission within two months commencing from 11-1-2010 to 11-3-2010 as per procedure. Besides above candidates, any other candidate interested in appointment against any of the vacancies, which shall be advertised by the Punjab Public Service Commission, shall also be eligible to file application and such applications shall be dealt witli strictly in accordance with the service rules prevailing in the Province.
(ii) Other than the petitioners, there are prosecutors working in the Province who had been retained. They have also to undertake examination of Punjab Public Service Commission to meet the requirement of subsection (4) of section 8 of the above-referred Act. In respect thereof, the exercise shall be completed within next two months commencing from 12-3-2010 to 12-5-2010 and the fresh candidates interested for recruitment shall also be eligible to apply along with them. Their cases shall also be dealt with by the Punjab Public Service Commission strictly in accordance with law as noted herein above.
(iii) Petitioners have not been allowed one month's notice pay in lieu of termination of their services, therefore, Government of the Punjab shall pay them notice pay of one month and compensation in addition to it for the equal period (one month) shall also be paid to them.
2. However, this arrangement shall come to an end on (sic) stipulated above by the Punjab Public Service Commission.
(2) There should not be any discrimination between the candidates either belonging to the first batch or the second batch and they should be treated at par before the Punjab Public Service Commission.
(3) The above arrangement has been made without prejudice to the impugned judgment which shall remain intact with its full force as a result whereof the Prosecution Branch is not obliged to entrust work to the petitioners during the stipulated period mentioned herein above. Furthermore, any observation against the candidates appearing before the Punjab Public Service Commission made at any stage against them shall not be treated a stigma against them while appearing before the Commission.
3. ' The above arrangement between the parties is accepted. Petitions are disposed of accordingly.
4. However, Chief Secretary, Government of 'the Punjab as well as Chairman, Punjab Public Service Commission are directed to ensure the implementation of the above judgment in letter and spirit, and the Chief Secretary, Government of the Punjab shall submit report through Prosecutor-General fortnightly to the Registrar of this Court in respect of the progress in the matter for our perusal in Chambers.