Law:

Section:

Khyber Pakhtunkhwa Employees (Regularization of Services) Act (XVI of 2009)-----Ss. 2(b) & 3---Constitution of Pakistan, Art.199---Constitutional petition---Contractual appointment---Employment in public school not run by government---Claim of regularization---Scope---Petitioner was appointed on contract basis in a public school which was not governed by government---Petitioner had claimed for his regularization into service---Validity---Petitioner was not employee of the government rather he was employee of a public school which was not run by government but was governed by its Board of Directors---Petitioner was not employee of government and the Khyber Pakhtunkhwa Employees (Regularization of Services) Act, 2009 had not been enacted for such cases---Contractual employee working in public school not run by the government but by a Board of Directors could not become beneficiary of Khyber Pakhtunkhwa Employees (Regularization of Services) Act, 2009---Constitutional petition was dismissed. Saleemullah Khan Ranazai for Petitioner. Khan Wali Khan Mehsud, A.A.-G. for Respondents. Date of hearing: 4th April, 2013. JUDGMENT LAL JAN KHAN KHATTAK, J.--- Our this judgment shall also decide the fate of Writ Petition No.146-D of 2012, titled Samina Tabassum v. Secretary to the Government of Khyber Pakhtunkhwa and others as common question of law and facts is involved in both the petitions. 2. Petitioner Shafqat Munir has prayed for issuance of a writ directing the respondents Nos.1 to 4 to regularize his services as Principal Mufti Mehmood Public School, Dera Ismail Khan and that the contract appointment of respondent No.6 as Principal of the said school be declared as illegal, null, void and ineffective upon the rights of the petitioner. 3. Necessary facts of the case are that the petitioner was working as Sector Director BPS-18 Education Project Khyber Pakhtunkhwa when on 11-1-2007, he was appointed as Principal Mufti Mehmood Public School D.I. Khan on acting charge basis with fix salary package of Rs.35,000 per month, vide order dated 11-1-2007. One of the terms and conditions of his appointment was that his period of contract shall be two years from the date of…

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