Law:

Section:

(a) Constitution of Pakistan--- ----Arts. 9 & 199---Constitutional petition---Civil service---Contractual employee--- Regularization--- Right of livelihood--- Change in qualification for the post---Effect---Subsequent change in policy requiring different qualifications could not affect the right of the petitioners/employees from being extended the benefit of regularization as at the time of appointment they possessed relevant qualifications---Extraordinary constitutional jurisdiction of High Court was always exercised with compassion and could not disregard the fact that non-regularization of service of the petitioners/employees was an act which was violation of right of livelihood. Dr. Naveeda Tufail and 72 others v. Government of Punjab and others 2003 SCMR 291 rel. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Civil service---Contractual employee---Regularization---Change in nomenclature of post---Effect---Change in nomenclature should not be used an excuse to deprive the employees from the benefit of regularization of their services---Petitioners/employees were not considered for regularization on the basis of change in nomenclature when most of the petitioners would not be eligible to be re-employed---Right to be regularized had accrued to the petitioners/employees at such a belated stage---High Court directed the authorities to consider the cases of petitioners of regularization. JUDGMENT M. SOHAIL IQBAL BHATTI, J.--- The facts giving rise to this writ petition are that the petitioners in response to the publications made on 27-12-2006 and 19-8-2007 by District Co-ordination Officer, Attock were appointed as Arabic Teachers while possessing the following qualifications:--- "(1) Mst. Farhana Naz (M.A. History, M.A. Urdu, B. Ed, M. Ed, ATTC). (2) Mst. Atiqa Yasmeen (M.A. History, B. Ed, ATTC). (3) Mst. Isma Bibi (M.A. Education, B. Ed, ATTC, C.T). (4) Mst. Asia Bibi (M.A. Urdu, B. Ed, ATTC). (5) Habib-ur-Rehman (M. A. History, B. Ed, OT). (6) Mst. Asifa Sattar (B. A, B. Ed, ATTC). (7) Mst. Saira lqbal (B.A, B. Ed, ATTC). (8) Mst. Nasira Bibi (B.A, B. Ed, ATTC). (9) Mst. Tallat Jabeen (B.A, B. Ed, ATTC). (10) Mst. Zakiya Kausar…

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