| Citation(s) |
|---|
| 2017 SLG 741 2017 SLD 741 2017 PLC 712 |
Supreme Court of Pakistan
Civil Appeal No. 605 of 2015, decision & hearing dated: 24-02-2016. (On appeal against the judgment dated 18-2-2015 Passed by the Peshawar High Court Peshawar, in Writ Petition No. 1961 of 2011)
ANWAR ZAHEER, JAMALI, CHIEF, JUSTICE, MIAN SAQIB NISAR, JUSTICE, AMIR HANI MUSLIM, JUSTICE, IQBAL HAMEEDUR RAHMAN, JUSTICE, KHILJI ARIF HUSSAIN, JUSTICE
Petitioner(s) by: Ijaz Anwar, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record
Respondent(s) by: Waqar Ahmed Khan, Additional A.G. Khyber Pakhtunkhwa
Civil Appeal No. 605 of 2015, decision & hearing dated: 24-02-2016. (On appeal against the judgment dated 18-2-2015 Passed by the Peshawar High Court Peshawar, in Writ Petition No. 1961 of 2011)
ANWAR ZAHEER, JAMALI, CHIEF, JUSTICE, MIAN SAQIB NISAR, JUSTICE, AMIR HANI MUSLIM, JUSTICE, IQBAL HAMEEDUR RAHMAN, JUSTICE, KHILJI ARIF HUSSAIN, JUSTICE
Petitioner(s) by: Ijaz Anwar, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record
Respondent(s) by: Waqar Ahmed Khan, Additional A.G. Khyber Pakhtunkhwa
ANWAR ZAHEER JAMALI, CHIEF JUSTICE MIAN SAQIB NISAR, JUSTICE AMIR HANI MUSLIM, JUSTICE IQBAL HAMEEDUR RAHMAN, JUSTICE KHILJI ARIF HUSSAIN, JUSTICE RIZWAN JAVED AND OTHERS
VS
SECRETARY AGRICULTURE LIVESTOCK AND OTHERS
Law:
Section:
Civil service--- ----Project employees--- Contract appointment--- Regularization in service---Discrimination---Appellants were appointed in the Provincial Agri-Business Coordination Cell in the year 2007 on contract basis---After completion of all the requisite codal formalities, the period of their contract appointments was extended from time to time up to 30-6-2011---Project in question was taken over by the Provincial Government in the year 2011---Appellants were terminated from service after the change of hands of the project---Provincial Government by cherry picking, had appointed different persons in place of the appellants---Appellants were discriminated against with respect to other similarly placed project employees---Supreme Court directed that the appellants shall be reinstated in service from the date of their termination and were also entitled to the back benefits for the period they had worked with the project or the Provincial Government; that the service of the appellants for the intervening period i.e. from the date of their termination till the date of their reinstatement shall be computed towards their pensionary benefits---Appeal was allowed accordingly. Government of Khyber Pakhtunkhwa through Secretary, Agriculture v. Adnanullah and others 2016 SCMR 1375 ref. THIS ORDER PASSED BY: AMIR HANI MUSLIM, J.--- This Appeal, by leave of the Court is directed against the judgment dated 18.2.2015 passed by the Peshawar High Court, Peshawar, whereby the Writ Petition filed by the Appellants was dismissed. 2. The facts necessary for the present proceedings are that on 25-5-2007, the Agriculture Department, KPK got an advertisement published in the press, inviting applications against the posts mentioned in the advertisement to be filled on contract basis in the Provincial Agri-Business Coordination Cell [hereinafter referred to as 'the Cell']. The Appellants along with others applied against the various posts. On various dates in the month of September, 2007, upon the recommendations of the Departmental Selection Committee (DPC) and the approval of the Competent Authority, the Appellants were appointed against various posts in the Cell, initially on…
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