Lahore High Court Orders Regularization of 129 Sanitary Patrols in Multan

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Background

In a significant decision, the Lahore High Court, Multan Bench, has directed the regularization of 129 sanitary patrol workers—both male and female—who had been serving the District Health Authority (DHA) Multan for nearly a decade on a work-charge basis. The petitioners were initially hired in 2015 and 2016 to assist in dengue prevention and control campaigns. Their contracts were extended periodically until December 2024, when the DHA abruptly terminated their services.

The workers approached the court after the DHA refused to regularize their employment, citing that their appointments were contingent, for short-term assignments, and allegedly made in violation of government hiring policies.

Petitioners’ Arguments

Counsel for the petitioners argued that:

  • The posts were of a permanent nature, making them eligible for regularization under the Punjab Government’s notification of January 29, 2021.
  • A scrutiny committee had recommended their regularization, but the DHA reversed its stance without justification.
  • Similar sanitary patrol workers had already been regularized under the Punjab Regularization Act, 2018.
  • The refusal to regularize violated Article 25 of the Constitution (Equality before law).

The petitioners relied heavily on the Supreme Court’s ruling in B.I.S.E. Faisalabad v. Tanveer Sajid (2018 SCMR 1405), which condemned the practice of keeping employees on temporary contracts for years.

Respondents’ Position

The DHA and the Punjab government’s counsel maintained that:

  • The petitioners were engaged only as contingent paid staff for 89-day cycles under dengue prevention programs.
  • The 2021 regularization policy did not apply to their appointments.
  • Their hiring was made without proper authorization and in violation of recruitment policies of 2004 and 2022.

Court’s Findings

Justice Mirza Viqas Rauf held that:

  1. Policy Coverage: The 2021 policy for work-charged, contingent-paid, and daily-wage employees clearly applied to the petitioners, who had been performing duties of a permanent nature for years.
  2. Contradictory Stance: Government records showed that the Primary & Secondary Healthcare Department itself had allowed DHA Multan to hire 700 such workers for multiple financial years, contradicting the DHA’s claim of illegality.
  3. Equality Principle: Other sanitary patrols in similar circumstances had already been regularized; denying the petitioners the same relief violated Article 25 of the Constitution.
  4. Precedent: Relying on multiple Supreme Court judgments, the court emphasized that prolonged temporary employment without regularization is exploitative and unlawful.

Decision

The Court:

  • Set aside the DHA’s termination orders dated December 5, 2024, and the appellate rejection order dated March 25, 2025.
  • Directed the DHA to regularize the petitioners in accordance with the 2021 policy.
  • Declared all subsequent actions based on the impugned orders null and void.

Key Takeaways for Employers and Employees

  • Long-term temporary employment against posts of a permanent nature is vulnerable to judicial intervention.
  • Government regularization policies must be applied consistently to avoid discrimination.
  • Article 25 of the Constitution is a strong safeguard against unequal treatment of similarly placed employees.
  • Judicial precedents show a clear trend toward protecting the right to livelihood under Article 9.

Author’s Note:
This judgment reinforces the constitutional and legal principle that state institutions cannot perpetually keep workers in precarious employment when their duties are of a permanent nature. For public sector employees, it underscores that regularization is a legitimate expectation when supported by policy and practice.