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Initializing Secure Chambers
Petitioner: NAEEM TARIQ SANGHERA and others VS Respondent: CHIEF SECRETARY, GOVERNMENT OF PUNJAB, LAHORE and others
Court Name: Supreme Court of Pakistan Judge(s): Iftikhar Muhammad Chaudhry, Ghulam Rabbani, Chaudhry Ijaz Ahmed Title:NAEEM TARIQ SANGHERA and others vs CHIEF SECRETARY, GOVERNMENT OF
PUNJAB, LAHORE and others Case No.:CivCivil Petitions Nos. 2123, 2134, 2142, 2161 to 2169, 2194 to 2211, 2213 to 2216, 2219, 2221 to 2223, 2235, 2237 to 2242, 2244 to 2249 of 2009, 2 to 4 and 6 to 13 of 2010 Date of Judgment:2010-01-08 Reported As: 2010 SCMR 1587 Result: Order accordingly Judgment ORDER ' 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
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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. 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. ' The above arrangement between the parties is accepted. Petitions are disposed of accordingly. 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.