| Citation(s) |
|---|
| 2016 SLG 2423 2016 SLD 2423 2016 SCMR 1602 |
Supreme Court of Pakistan
Civil Appeal No. 1428 of 2015, decided on 25th February, 2016. Date of hearing: 25th February, 2016. (On appeal against the judgment Dated 15-9-2015 passed by the Peshawar High Court Peshawar, in R.P. No. 32-P of 2014 in W.P. No. 2547-P of 2012)
MIAN SAQIB NISAR, JUSTICE AMIR HANI MUSLIM, JUSTICE AND IQBAL HAMEEDUR RAHMAN, JUSTICE
Raja Muhammad Asghar Khan, Advocate Supreme Court for Appellant. Waqar Ahmed Khan, Additional A.G. for
Respondents Nos. 1 to 4.
Civil Appeal No. 1428 of 2015, decided on 25th February, 2016. Date of hearing: 25th February, 2016. (On appeal against the judgment Dated 15-9-2015 passed by the Peshawar High Court Peshawar, in R.P. No. 32-P of 2014 in W.P. No. 2547-P of 2012)
MIAN SAQIB NISAR, JUSTICE AMIR HANI MUSLIM, JUSTICE AND IQBAL HAMEEDUR RAHMAN, JUSTICE
Raja Muhammad Asghar Khan, Advocate Supreme Court for Appellant. Waqar Ahmed Khan, Additional A.G. for
Respondents Nos. 1 to 4.
QAYYUM KHAN
VS
DIVISIONAL FOREST OFFICER, Mar courtDAN AND OTHERS
Law:
Section:
Civil service--- ----Project employee--- Contract appointment--- Regularization in service---Discrimination---Appellant was appointed as Wildlife Watcher (BS-05) in a project on contract basis---During the contract period of the appellant, the project was taken over by the Provincial Government, which converted the contract posts of Wildlife Watchers into permanent posts---Appellant, however, was not considered for appointment on permanent basis and his services were terminated---Legality---Appellant was appointed on contract basis after completion of all the requisite codal formalities---Appellant was not allowed to continue after the change of hands of the project---Provincial Government by cherry picking, appointed some other person in place of the appellant---Appellant was discriminated against and was entitled to continue the job with the employees who were similarly placed and were allowed induction on regular basis---Supreme Court directed that appellant shall be reinstated in service from the date of his termination and was entitled to the back benefits for the period he had worked with the project of the Provincial Government , and that the service of the appellant for the intervening period i.e. from the date of his termination till the date of his reinstatement shall be counted towards his pensionary benefits---Appeal was allowed accordingly. Government of Khyber Pakhtunkhwa through Secretary, Agriculture v. Adnanullah and others Civil Appeal No.134-P of 2013 ref. THIS JUDGMENT DELIVERED BY: AMIR HANI MUSLIM, JUSTICE:----------------- This Appeal, by leave of the Court is directed against order dated 19.05.2015 passed by the Peshawar High Court, Peshawar, whereby the Review Petition filed by the Appellant against the order dated 13.02.2014 passed in Writ Petition No.2547-P of 2012, was dismissed. 2. The facts necessary for the present proceedings are that on 01-02-2010, the Appellant was appointed as Wildlife Watcher (BS-05) in Sakra Wildlife Range, Mardan, on contract basis till the expiry of the Project. On 25.05.2012, during the contract period of the Appellant, the Finance Department, Government of KPK, vide letter No.BO11/FC/1-5A/2012/13,…
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