In a significant judgment protecting the rights of government employees, the Lahore High Court has set aside an order dated 31.03.2026 through which the petitioners’ claims for regularization of service were rejected on the ground that the Punjab Regularization of Service Act, 2018 had been repealed by the Punjab Regularization of Service (Repeal) Act, 2025.
The Constitutional Petition was vigorously pursued by Allah Nawaz Khosa Advocate, who argued that the petitioners’ rights for regularization had accrued during the period when the Punjab Regularization of Service Act, 2018 was still in force. It was further contended that the competent authority had failed to appreciate and apply the law laid down by the Lahore High Court in Mohsin Abbas, etc. v. Secretary Communication and Works Punjab, etc. [2026 LHC 1419], despite specific directions and the settled legal principles governing accrued rights.
The petitioners maintained that their cases had previously been referred for consideration in pursuance of an earlier order passed by the Lahore High Court in W.P. No. 3188 of 2026. However, the Chief Executive Officer, District Health Authority, Faisalabad rejected their claims without properly examining whether their rights had crystallized during the currency of the 2018 Act.
After hearing the parties, the Honourable Court observed that the impugned order was devoid of lawful reasoning and had been passed in disregard of the binding precedent laid down in Mohsin Abbas’s case. The Court held that the competent authority failed to undertake the necessary legal exercise required for determining whether the petitioners had acquired a vested or accrued right to regularization before the repeal of the statute.
Accordingly, the Lahore High Court allowed the Constitutional Petition, set aside the impugned order dated 31.03.2026, and directed that the petitioners’ applications for regularization shall be deemed pending and be placed before the Secretary, Health & Population Department, Government of Punjab for a fresh decision after affording an opportunity of hearing to all concerned.
The Court further expressed confidence that the competent authority would decide the matter strictly in accordance with law and the principles laid down in Mohsin Abbas’s case, particularly regarding the protection of rights that may have accrued prior to the repeal of the Regularization Act, 2018.
This judgment serves as an important precedent for employees whose claims arose during the operation of the Punjab Regularization of Service Act, 2018 and underscores the settled principle that accrued rights cannot be defeated merely because the relevant law has subsequently been repealed.
The successful outcome of this case reflects the dedicated legal efforts and advocacy of Allah Nawaz Khosa Advocate, who effectively highlighted the violation of settled legal principles and secured a fresh opportunity for the petitioners to have their regularization claims decided in accordance with law.
