| Citation(s) |
|---|
| 2019 SLG 3145 2019 SLD 3145 2019 PLC 1463 |
Peshawar High Court
Writ Petition No. 264-M of 2017 (with Interim Relief (N)), decision & hearing Dated: 22-10-2018.
MUHAMMAD GHAZANFAR KHAN, JUSTICE SYED ARSHAD ALI, JUSTICE
Petitioner(s) by: Aziz-ur-Rahman
Respondent(s) by: Rahim Shah, Asst: A.G.
Writ Petition No. 264-M of 2017 (with Interim Relief (N)), decision & hearing Dated: 22-10-2018.
MUHAMMAD GHAZANFAR KHAN, JUSTICE SYED ARSHAD ALI, JUSTICE
Petitioner(s) by: Aziz-ur-Rahman
Respondent(s) by: Rahim Shah, Asst: A.G.
MST. MARYAM AND ANOTHER
VS
MANAGING DIRECTOR ELEMENTARY EDUCATION FOUNDATION KHYBER PAKHTUNKHWA, PESHAWAR AND 3 OTHERS
Law: Khyber Pakhtunkhwa Elementary Education Foundation Employees (Terms and Conditions of Service) Regulations, 2012
Section: 2(f),10,11
Law: Constitution of Pakistan, 1973
Section: 25(A),199
Khyber Pakhtunkhwa Elementary Education Foundation Employees (Terms and Conditions of Service) Regulations, 2012--- ----Reglns. 10, 11 & 2(f)---Teachers of Elementary Education appointed on contract basis seeking regulation of services---Khyber Pakhtunkhwa Elementary Education Foundation Employees (Terms and Conditions of Service) Regulations, 2012 did not draw any distinction between regular and project employees of the Elementary Education Foundation---Authorities by not regularizing the services of petitioners/employees had violated Khyber Pakhtunkhwa Elementary Education Foundation Employees (Terms and Conditions of Service) Regulations, 2012---Petitioners were eligible to hold the posts of Community School Teachers established by Elementary Education Foundation---Authorities even otherwise were bound to provide free and compulsory education to all children of the age of five to sixteen years---Impugned orders for closing the Community School concerned and termination of agreement with the petitioners employees were set aside---Authorities were directed by the High Court to regularize the services of petitioners in the Elementary Education Foundation corresponding to their pay scales with immediate effect---Constitutional petition was allowed, in circumstances. BISE Faisalabad v. Tanveer Sajid and others 2018 SCMR 1405; Abdul Sattar and another v. SNGPL and others 2001 SCMR 1935; Dr. Anwar Ali Sahto and others v. Federation of Pakistan and others PLD 2002 SC 101; Diamond Industries Limited v. M. Zafar-ul-Haq Hijazi and 2 others PLD 2003 SC 124; Ejaz Akbar Kasi and others v. Ministry of Information and Broadcasting and others PLD 2011 SC 22; Ikram Bari and 524 others v. National Bank of Pakistan 2005 SCMR 100 and Pir Imran Sajid and others v. Managing Director/General Manager (Manager Finance) Telephone Industries of Pakistan and others 2015 SCMR 1257 rel. THIS JUDGMENT DELIVERED BY: SYED ARSHAD ALI, J.--- Through the instant Writ Petition under Article 199 of the Constitution of Islamic Republic of Pakistan 1973, Mst. Maryam and Mst. Waqar-un-Nisa the petitioners seek constitutional jurisdiction of this Court with the following prayer:- "It is…
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