‘Model Employer’ insinuates just treatment to employees: SC
ISLAMABAD: The Supreme Court ruled that the watchword “Model Employer” in administrative and service laws insinuates that the State and public authorities should act fairly and justly without exploiting technicalities. The judgment authored by Justice Muhammad Ali Mazhar said: “No prejudice or harm should be caused to an employee on account of administrative delays or administrative inefficiency…
The Supreme Court of Pakistan has determined that the phrase "Model Employer" in administrative and service laws implies that the government and public authorities should operate fairly and justly, without taking advantage of technicalities. Justice Muhammad Ali Mazhar authored the judgment, stating that employees should not suffer due to administrative delays, inefficiency, or disorder without any valid reason.
The court emphasized that recruitment processes should be transparent, promotions should be conducted promptly, pension and retirement benefits should be processed swiftly, and seniority matters should be resolved expeditiously. Additionally, the court ruled that ad-hoc or contractual employment should not be indefinite, and if an employee is eligible for confirmation, the department must take steps to regularize their service.
The bench overturned the Khyber Pakhtunkhwa Service Tribunal's decision, restoring the petitioners' original seniority. These employees had been appointed through project posts in 2016 and later regularized under the Khyber Pakhtunkhwa Employees Regularisation of Service Act in 2018. However, due to slow publication of notifications in the official gazette, the employees were not granted seniority until 2019.
The court further stated that the Final Seniority List issued in March 2024 led some employees to challenge their regularity in departmental representation, which was rejected, and their appeals were upheld, leading to the reversal of the seniority list.
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