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PHC Rejects Women University Swabi Staff’s Regularisation Plea
Peshawar High Court dismisses a petition by Women University Swabi employees seeking regularisation. Court rules that contractual jobs don’t guarantee permanent absorption.
ND
by News Desk
2025-03-11
PHC Rejects Women University Swabi Staff’s Regularisation Plea

The Peshawar High Court (PHC) has rejected a petition filed by over 50 contractual employees of Women University Swabi, who sought the regularisation of their services.

A two-member bench, comprising Justice Ijaz Anwar and Justice Sahibzada Asadullah, ruled that the petition lacked legal merit and contractual employees had no automatic right to permanent absorption unless explicitly provided by law.

Petition and Court’s Findings

The petition was filed by faculty and administrative staff members through Advocate Tanveer Ahmed Mughal, while Barrister Syed Saad Ali Shah represented the university.

The PHC bench stated that the petitioners had initially applied through a competitive recruitment process, and some had passed the test, further diminishing their claim for automatic regularisation.

The judgment read:
"The learned counsel for the petitioners failed to make a case for the indulgence of this court. Hence, the instant writ petition, having been not maintainable as well as meritless, stands dismissed."

The court reaffirmed that contractual appointments do not grant an automatic right to permanent employment, especially when they were not made through an open and competitive selection process.

Arguments from Both Sides

The petitioners argued that they had been serving the university for an extended period on sanctioned posts, making them eligible for regularisation. However, the court noted that their original appointments were contractual and did not entitle them to permanent positions under existing laws.

Representing the university, Barrister Syed Saad Ali Shah emphasized that public sector hiring must follow merit-based selection, transparency, and open competition. He argued that granting regularisation without a proper recruitment process would violate legal principles set by the Supreme Court.

Legal Precedent and Future Implications

The PHC also highlighted that some petitioners had already participated in fresh recruitment processes announced by the university, further weakening their claim. The ruling reinforces the principle that contract-based employees in public sector institutions cannot demand regularisation without a lawful hiring process.

This decision is expected to set a legal precedent for other public sector institutions facing similar challenges regarding contractual employees seeking permanent positions.

 
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