Case Details

Citation(s)
2011 SLG 1607 2011 SLD 1607 2011 PLC 223
Peshawar High Court
Writ Petition No.812 of 2007 with C.M. No.488 of 2009, decision dated: 18-06-2010.
SARDAR SHAUKAT HAYAT AND IMTIAZ ALI, JJ

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RAIS KHAN and 23 others

VS

DIRECTOR OF EDUCATION, FATA N.W.F.P., PESHAWAR and 4 others RAIS KHAN and 23 others vs DIRECTOR OF EDUCATION, FATA N.W.F.P., PESHAWAR and 4 others

Law:

Section:

Constitution of Pakistan-------Art. 199---Constitutional petition---Civil service---Regularization of service---Petitioners were appointed on contract basis as PTC Teachers through Departmental Selection Committee---Deputy Director of Education in order to implement the verdict of apex court, High Court and Department's notification regarding' contract policy, directed all Agency Education Officers in FATA to regularize the services of all those appointees from the date of their appointments who were considered for appointment in pursuance to advertisement published before the introduction of Contract Policy---Petitioners applied for regularization of their services as they were interviewed for the post of PTC prior to the enforcement of said Contract Policy---Contention of authorities was that as posts against which the petitioners were appointed, were advertised after the Contract Policy, they were not entitled to the benefit of regularization---Validity---Interview and selection of the petitioners was held before the Contract Policy, but their appointment was delayed for no fault on their part--High Court accepting constitutional petition declared that the petitioners were interviewed and recommended for selection to the post of PTC Teachers prior to the Contract Policy; and directed the authorities to regularize their services from the date of their appointment. Rukhsar Ali and 11 others v. Government of N.-W.F.P. and 3 others reported through 2003 PLC (C.S.) 1453 ref. Muhammad Ijaz Khan for Petitioners. S. Ali Raza, D.A.-G. and Iqbal Muhammad D.A.-G. for Respondents. Date of hearing: 13th April, 2010. JUDGMENT SARDAR SHAUKAT HAYAT, J.--- The grievance of the petitioners is that they were appointed on contract as PTC teachers through Departmental Selection Committee vide appointment order dated 7-9-2002. That on 1-11-2005 respondent No.2 in order to implement the verdict of apex court, the High Court Peshawar and Government of N.-W.F.P. E&AD Department Notification regarding contract policy directed all Agency Education Officers in FATA to regularize the services of all those appointees from the date of their appointments who were considered for…
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