Right to Regularization Upon Project Conversion: Development to Non-Development
This article examines the legal standing of employees when a project transitions from the development to the non-development side. Specifically, it addresses whether such employees have an automatic right to be regularized (made permanent).
Landmark Case: Government of Khyber Pakhtunkhwa v. Muhammad Younas (2021 SCMR 1045)
This case established a clear precedent. Project employees, upon conversion to the non-development side, are not automatically entitled to regularization. Their eligibility is assessed on a case-by-case basis, considering factors like qualifications, experience, and performance.
Punjab's Policy Shift
Prior to June 6th, 2022, Punjab lacked a specific policy for regularizing project employees. However, a recent letter outlines certain safeguards:
- Age Relaxation: Project employees benefit from age relaxation when applying for regular positions.
- Experience Bonus: Their project experience can earn them additional marks (up to 10) during the selection process.
Key Takeaways
Project conversion from development to non-development doesn't guarantee automatic regularization.
Punjab offers project employees an advantage through age relaxation and experience bonus when competing for regular positions.
Regularization remains subject to a competitive selection process.Case Study: WP 41334/23 (Qadeer Ali & Ors. v. Province of Punjab & Ors.)
This recent case (May 20, 2024) by the Lahore High Court (LHC) highlights the importance of project continuity. While acknowledging the need for a competitive selection process, the court recognized the potential disruption caused by replacing existing employees.The court's decision:
- Existing project employees can continue working until the completion of the regular recruitment process.
- Their continued employment beyond that point hinges on their performance in the competitive selection and their position on the merit list.
Conclusion
The legal landscape surrounding project employee regularization is evolving. While automatic entitlement doesn't exist, recent developments offer some advantages, particularly in Punjab. Ultimately, project continuity and employee performance play a vital role in determining regularization.