Law:

Section:

(a) Khyber Pakhtunkhawa Civil Servants Act (XVIII of 1973)--- ----S. 19 (2)---Khyber Pakhtunkhawa (Regularization of Services) Act (XVI of 2009), S. 3---Constitution of Pakistan, Arts.25 & 199---Constitutional petition--- Ad hoc/contractual appointment---Regularization---Legitimate expectation---Discrimination---Appointment in prescribed manner---Scope---Petitioners/contractual employees claimed regularization---Contention of the petitioners was that government had already regularized several other employees appointed on contract/ad hoc basis but they were discriminated---Validity---Provincial government had regularized the services of contract employees throughout the province, but said benefit was not extended to some of the employees, on the pretext that they had not been appointed in prescribed manner---Petitioners/employees who had been appointed on the recommendation of Departmental Selection Committee after test and interview were entitled for regularization being appointed in prescribed manner---Constitutional petition was allowed. Government of North-West Frontier Province through Secretary Agriculture Livestock and Cooperatives Department Peshawar and others v. Abdullah Khan and others 2011 SCMR 898 and Government of N.-W.F.P. v. Kalim Shah 2011 SCMR 1004 rel. (b) Administration of justice--- ----If a competent court of law had decided a point of law or fact and if such a decision covered not only the case of those litigated before the court but some other also, then under the dictate of justice the benefits of that should not be restricted to those who had litigated rather shall be equally extended to those who had not indulged in litigation. Hameed Akhtar Niazi v. The Secretary Establishment Division and others 1996 SCMR 1185; Saddaqat Ali Khan through L.Rs. and others v. Collector Land Acquisition and others PLD 2010 SC 878 and Government of Punjab through Secretary Education and others v. Sameena Parveen and others 2009 SCMR 1 rel. JUDGMENT SYED AFSAR SHAH, J.--- Through the instant Writ Petition, filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, Ahmad Din and Nasir Din, the petitioners, have made a prayer for…

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