| Citation(s) |
|---|
| 2017 SLG 712 2017 SLD 712 = 2017 PLC 307 |
Supreme Court of Pakistan
Civil Appeals Nos. 134-P, 135-P, 136-P, 137-P, 138-P, 1-P,133-P, 113-P of 2013, 52-P, 231, 232 of 2015, CivilPetitions Nos. 600-P, 526-P, 527-P, 528-P of 2013, 496-P,28-P, 214-P, 368-P, 369-P, 370-P, 371-P, 619-P of 2014, 34-Pand 621-P of 2015, decisi
ANWAR ZAHEER, JAMALI, CHIEF, JUSTICE, MIAN SAQIB NISAR, JUSTICE, AMIR HANI MUSLIM, JUSTICE, IQBAL HAMEEDUR RAHMAN, JUSTICE, KHILJI ARIF HUSSAIN, JUSTICE
Petitioner(s) by: Waqar Ahmed Khan, Additional AG Khyber Pakhtunkhwa, Syed Masood Shah, SO Litigation, Hafiz Attaul Memeen, SO. Litigation (Fin), Muhammad Khalid, AD (Litigation) and Abdul Hadi, SO (Litigation) (in C.A. No. 134-P of 2013).
Respondent(s)
Civil Appeals Nos. 134-P, 135-P, 136-P, 137-P, 138-P, 1-P,133-P, 113-P of 2013, 52-P, 231, 232 of 2015, CivilPetitions Nos. 600-P, 526-P, 527-P, 528-P of 2013, 496-P,28-P, 214-P, 368-P, 369-P, 370-P, 371-P, 619-P of 2014, 34-Pand 621-P of 2015, decisi
ANWAR ZAHEER, JAMALI, CHIEF, JUSTICE, MIAN SAQIB NISAR, JUSTICE, AMIR HANI MUSLIM, JUSTICE, IQBAL HAMEEDUR RAHMAN, JUSTICE, KHILJI ARIF HUSSAIN, JUSTICE
Petitioner(s) by: Waqar Ahmed Khan, Additional AG Khyber Pakhtunkhwa, Syed Masood Shah, SO Litigation, Hafiz Attaul Memeen, SO. Litigation (Fin), Muhammad Khalid, AD (Litigation) and Abdul Hadi, SO (Litigation) (in C.A. No. 134-P of 2013).
Respondent(s)
ANWAR ZAHEER JAMALI, CHIEF JUSTICEMIAN SAQIB NISAR, JUSTICEAMIR HANI MUSLIM, JUSTICEIQBAL HAMEEDUR RAHMAN, JUSTICEKHILJI ARIF HUSSAIN, JUSTICEGOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH SECY. AGRICULTURE AND OTHERSVSADNANULLAH CHIEF SECRETARY G
Law: Khyber Pakhtunkhwa Civil Servants Act, (XVIII of 1973)
Section: 19(2)
Law: Constitution of Pakistan, 1973
Section: 25
Law: Khyber Pakhtunkhwa Employees (Regularization of Services) Act, (XVI of 2009)
Section: 3
Khyber Pakhtunkhwa Civil Servants Act (XVIII of 1973)-------S. 19(2)---Khyber Pakhtunkhwa Employees (Regularization of Services) Act (XVI of 2009), S. 3---Constitution of Pakistan, Art. 25---Project employees---Contract appointment---Regularization in service---Discrimination---Section 3 of the Khyber Pakhtunkhwa Employees (Regularization of Services) Act, 2009 provided for the regularization of employees who were appointed either on contract basis or ad hoc basis and were holding contract appointments on 31st December, 2008 or till the commencement of the Act---Admittedly the project/contract employees, in the present case, fulfilled such criteria---Projects were brought under the regular Provincial Budget Schemes and the Chief Minister had given approval for operating the projects on permanent basis---Status of project employees ended once their services were transferred to the different attached Government departments---Provincial Government could not adopt a policy of cherry picking to regularize the employees of certain projects while terminating the services of other similarly placed employees.Respondents were appointed on various posts on contract basis, and their contract was extended from time to time. Summary was prepared for the Provincial Chief Minister, for creation of regular vacancies, recommending that eligible temporary/contract employees who, at that time, were working on different projects may be accommodated against regular posts on the basis of seniority. Chief Minister approved the proposed summary. Services of the respondents were, however, not regularized. Contention of respondents was that other employees placed in similar posts had been granted relief of regularization, therefore, they were also entitled to the same treatment.Cases of the respondents squarely fell within the ambit of the Khyber Pakhtunkhwa Employees (Regularization of Services) Act, 2009 and their services were mandated to be regulated by the provisions of the said Act. Section 3 of the said Act clearly provided for the regularization of employees who were appointed either on contract basis or ad hoc basis and were holding contract appointments on 31st December, 2008…