DIRECTORATE GENERAL POPULATION WELFARE DEPARTMENT 14-Babar Block New Garden Town Lahore No. PWD/DG/Admn. /MEAs/2017-18/527 Dated: 22.12.2020 All District Population Welfare Officers in Punjab. Subject: - OF [TON & JA = °Y OF )RCYCLES, TABs ET‘ am directed to refer to the subject cited above and to state that contract of all MEAs working in your respective district stood terminated / exhausted wef. 31.12.2017 and no further extension in contract period was granted vide this office letter bearing No.PWD/DG/Admn./MEAs/2017/526 dated 08.01.2018 (copy enclosed). It was: directed to all District Population Welfare Officers in Punjab to take possession of official Motorcycles, Tabs and any other items / assets of the department from MEAs. T am further directed to state that MEAs filed various Writ Petitions Nos, 134550/18, 153209/18, 152378/18, 7429/19, & 16413/19 in Honourable Lahore High Court, Lahore against termination of their contract and prayed for reinstatement into service as well as regularization of their services. The Honourable Lahore High Court, Lahore passed an order dated 20.02.2019 by virtue of which aforementioned Writ Petitions were allowed and the Respondents were directed to consider the case of the petitioners for regularization forthwith. The department assailed the order dated 20.02.2019 passed by Single Bench, Honourable Lahore High Court, Lahore before Division Bench, Honourable Lahore High Court, Lahore through ICAs Nos. 19032/2019, 19033/2019, 19034/2019 & 2632/2019. The Division Bench, Honourable Lahore High Court, Lahore vide its order dated 02.12.2020 has allowed all aforementioned ICAs in favour of department and impugned order dated 20.02.2019 passed by the Learned Single Judge, Honourable Lahore High Court, Lahore in Writ Petitions Nos. 134550/18, 153209/18, 152378/18, 7429/19, 16413/19 & 51141/2020 have been set aside (copy enclosed). As such, litigation has attained finality and the matter is no longer under trial / litigation. In view of the above, I am, therefore, directed to request you to recover / take possession of all official Motorcycles, Tabs and any other items / assets of the department from MEAs concerned within 02-days positively without any further delay. The compliance report must reach in this office by 24.12.2020. Deputy Director (Admn.) Encls: As above. ms ccs Hh ne 1. PS. to Director General, Population Welfare Department, Punjab. 2. Assistant Director (General), Directorate General, PWD, Punjab, Lahore. RANNDrafv01.072020 ‘Scanned with CamScanner___ Judgment Sheet ORE HIGH COURT AT LAHORE JUDICIAL DEPARTMENT ICA No.19031/2019 Province of Punjab through Secretary Population Welfare Department, Lahore ete, Versus ‘Muhammad Sarfraz Anjum ete, JUDGMENT Date of Hearing 2.12.2020 ‘Appellants By: ‘Ms. Aliya Ejaz, Assistant Advocate General, Punjab on behalf of the Appellants along with Muhammad Imran, Deputy Director (Admn) Population Welfare L Department, Lahore. Respondent By: Mr. Amjad Farouck Bismell Rajpoot, Advocate for Respondents No.33, 34 and 36. Mr. Abdul Ghaffar Dhariwal, Advocate for Respondent No.3. Ayesha A. Malik J: Through this ICA along with connected ICAs No.19032/2019, 1903/2019, 19034/2019 and 2632/2019, the Appellants have impugned order dated 20.2.2019 passed by the learned Single Judge in WP Nos.134250/18, 153209/18, 152378/18, 7429/19 and 16413/19. 2. The basic contention of the Appellants that is Government of Punjab is that the Respondents being project employees have been ordered to be regularized vide impugned order dated 20.2.2019 which is against the ‘mandate of the law. Learned Law Officer submits that the Respondents were appointed as Monitoring and Evaluation Assistants on contract basis for inspection of facilities of PWD, Punjab in the year 2016. This was a project appointment and their contracts were extended from time to time for the duration of the project. She explained that 116 Monitoring and Evaluation ‘Assistants were appointed on the basis of an advertisement for the duration of the project. When the project converted to the non-development side, their contracts were extended up to 31.12.2017 whereafter their contracts were ended, She stated that the impugned order is factually incorrect as it observes that the Respondents were still working under contract whereas in fact the contracts of the Respondents were terminated on 31.12.2017. 1 ‘Scanned with CamScannerspecific purpose their contracts were extended till the time th required, 3. On behalf of the Respondents, Monitoring and Evaluation Assistants on contract basis in “That they have always been working on contract basis and that they were been duly considered, entitled to regularization. Since their request had not ym the Court for their cases they filed writ petitions seeking @ difectiou! fror cases of Male Mobilizer itis argued that they were appointed as the year 2016. algo to be considered for regularization as were th Social Security Department, Punjab. In terms of the impugned order, the Respondents were appointed on sought regularization on the strength of judement aust in WP No.13784/2010 titled Sajid ‘The Respondents were field inthe 4 contract basis and they dated 26.9.2013 passed by this Co mn eto, v. Government of Punjab etc. xe entitled to the same benefit as given in hile relying on the said workers and claimed that they we stated writ petition. The leamed Single Judge wi has been upheld by the august Supreme Court of £2014 which was dismissed on 29.2.2016, hence Jlants to regularize the Respondents. As per the the judgment observed that Pakistan in CP No.646-L o} the Court directed the Appel record, ‘Scanned with CamScanner— g . The impugned P No.646-L of 2014 to state that the judgment he judgment impugned before the august Supreme Court of Pakistan passed in ICA No.323/2013 dated 17.3.2014 whereby the appeal filed by the Government of Punjab was dismissed for being barred by time, Its against this order that the CP was filed which was dismissed, thereby upholding the judgment that the appoal wes barred by time. We note that so far as the merits of the case, the august Supreme Court of Pakistan has not deliberated on the same, However on the issue of project employees, the august Supreme Court of Pakistan has held in Province of Puniab through Secretary Agriculture Department, Lahore and others »_Mubammad Arif and_others (2020 SCMR $07) that the project employees cannot be regularized unless proper roles have not been framed tis also ote that he judements relied upon that is Government of Khvebr Pakitunkloea thous Seey, Agriculture and others v. Adnanullah (2016 SCMR. 1375) and Kinean “loved and-others_»._ Secretary Agriculture-Livestook and. others(2016 ‘SCM. 1443) are distinguishable asthe relevant law in this ease before the august Supreme Court of Pakistan was the Khyber Pakiunkhwa Employers | | SCMR 507 sanctioned posts on contract basis. Reliance is placed on 2020 (supra), Inthe absence thereof the Respondents cannot claim regularization as the post against which they seek regularization has to be filled up in terms of the relevant rules for the post or in pursuance of the Punjab of Service Act, 2018. Furthermore; ityisnoted hat the ll. ‘Scanned with CamScannerAppellants, therefore their services could not have been regularized. 5. Under the circumstances, the instant ICA along with connected ICA are allowed and impugned order dated 202.2019 passed by the leamed Single Judge in WP Nos.134250/18, 153209/18, 152378/18, 7429/19 and- 16413/19 is set aside. oe i. (SHAHID BILAL HAS <9) (AYESHA A.MALIK) I JUDGE JUDGE Ata al ‘Scanned with CamScannerDIRECTORATE GENERAL ayes! TION WELFARE DEPARTMENT : F Block New Garden Town Lahor No. PWD/DG. /Admn.JMEAs/2017 e Dated: 9 it ‘The District Monitoring Officers © in Punjab Subject- TERMINATION OF CONTRACT OF ALL MONITORING & EVALUATION ASSISTANTS (MEAs) 1 am directed to refer to the subject cited above and to convey that in pursuance of Government of the Punjab, S&GAD (Regulations/O&M Wing) letter No. SO(ERB)S-3/2014/ Contract( Project) dated 23.07.2014, contract of all MEAs working in your respective district a tain stands terminated/exhausted with effect from 31.12.2017 and no further extension in contract period shall be granted. Lam further directed to state that all MEAs working in your respective district may als be directed to return/handover official Motorcycle. TAB and any other items in their custody to respective District Population Welfare Officers. ‘These instructions may be adhered to in letter and spirit and compliance report thereof may be Furnished to this office upto 10.01.2018 pesitively. ‘This is issued with the approval ‘of the Competent Authority/Director General, Population Welfare Department, Punjab. Assistant Ifireetor (Admn.) CC to 1. PS. to Seeretary, PWD. Punjab. 2, P.S to Director General, PWD. Punjab. ry, {All District Population Welfare Officer in Punjab with the direction to take pom Gr official motorcycle. TAB or any other item in the custody of MEAs. A report this effect may also be furnished to this office by 10.01.2018 positively. ‘Scanned with CamScanner