| Citation(s) |
|---|
| 2018 SLG 681 2018 SLD 681 2018 PLC 354 |
Supreme Court of Pakistan
Civil Appeals Nos. 1515 and 1516 of 2016, decision Date : 5-5-2017, hearing Date : 8-1-2017. (On appeal from the judgment/order Dated 02.06.2015 passed by Peshawar High Court, Peshawar in W.Ps. Nos. 4122 of 2010 and 214 of 2011)
UMAR ATA BANDIAL, JUSTICE, FAISAL ARAB, JUSTICE
Umar Farooq Adam, Additional A.G. Khyber Pakhtunkhwa for Appellant No. 1 (in both cases). Shumail Butt, Advocate Supreme Court for Appellants Nos.2-3 (in C.A. 1515 of 2016 and for Appellants 2-6 in C.A. 1516 of 2016) Zulfiqar Khalid Maluqa, Advocate Sup
Civil Appeals Nos. 1515 and 1516 of 2016, decision Date : 5-5-2017, hearing Date : 8-1-2017. (On appeal from the judgment/order Dated 02.06.2015 passed by Peshawar High Court, Peshawar in W.Ps. Nos. 4122 of 2010 and 214 of 2011)
UMAR ATA BANDIAL, JUSTICE, FAISAL ARAB, JUSTICE
Umar Farooq Adam, Additional A.G. Khyber Pakhtunkhwa for Appellant No. 1 (in both cases). Shumail Butt, Advocate Supreme Court for Appellants Nos.2-3 (in C.A. 1515 of 2016 and for Appellants 2-6 in C.A. 1516 of 2016) Zulfiqar Khalid Maluqa, Advocate Sup
GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH SECRETARY ENERGY AND POWER DEPARTMENT, PESHAWAR AND OTHERS
VS
IHSAN ULLAH AND OTHERS
Law:
Section:
Khyber Pakhtunkhwa Civil Servants Act (XVIII of 1973)--- ----Ss. 2(1)(b)(ii) & 19(2) [as amended by the Khyber Pakhtunkhwa Civil Servants (Amendment) Act (IX of 2005)]---Pakhtunkhwa Energy Development Organization Act (I of 1993), S. 3---Contract Employees of Pakhtunkhwa Energy Development Organization ("PEDO")---Project posts---Regularization in service---Scope---Pakhtunkhwa Energy Development Organization ("PEDO") was not a government department; it was rather a semi-autonomous body---Right to regularization in service under S.19(2) of the Khyber Pakhtunkhwa Civil Servants Act, 1973 applied to employees of the government and not to employees of semi-autonomous bodies---Respondents/Project employees of "PEDO" were, therefore, not eligible for regularization under S. 19(2) of the Khyber Pakhtunkhwa Civil Servants Act, 1973---Besides the respondents' letters of appointment clearly stated that their posts were "temporary project posts" which would be "likely to continue till the completion of the project"---Supreme Court directed that in the interest of justice, the respondents may within one month place documentary evidence of the regularization of service of any project employee of "PEDO" before the relevant authority in order to show that notwithstanding the employment of such employee on a temporary project post his services were nevertheless regularized by the authority; that in such event, the authority shall after verification forthwith regularize the services of the respondents in "PEDO" with effect from the date of termination of their services---Appeal was disposed of accordingly. Government of Khyber Pakhtunkhwa and others v. Kaleem Shah and others 2011 SCMR 1004 and Government of NWFP and others v. Abdullah Khan and others 2011 SCMR 898 = 2011 PLC (C.S.) 775 distinguished. THIS JUDGMENT DELIVERED BY: UMAR ATA BANDIAL, JUSTICE:---.--- The Appellants challenge the common judgment of the learned Peshawar High Court dated 02.06.2015, holding that the contract services of the Respondents stand regularised by operation of law, under section 19(2) of the KPK Civil Servants Act, 1973 ("Act, 1973"), as amended by the KPK Civil Servants (Amendment) Act,…
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