| Citation(s) |
|---|
| 2020 SLG 1551 2020 SLD 1551 2020 SCMR 1425 |
Supreme Court of Pakistan
Civil Appeals Nos. 634 of 2014 and 431 and 432 of 2020, hearing & decision Dated: 22-07-2020. (On appeal from the judgment/Order Dated 8.5.2012 and Dated 20.4.2018 passed by the Peshawar High Court, Peshawar in W.P. 3095 of 2011 and W.P. No. 3058 of 2011)
IJAZ UL AHSAN, JUSTICE MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Misbahullah Khan, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record (absent) for Appellants (in C.A. No. 634 of 2014). Zahid Yousaf Qureshi, Additional A.G., Khyber Pakhtunkhwa and Saadullah Jandoli, Advocate-on-Record (absent) for the Appellan
Civil Appeals Nos. 634 of 2014 and 431 and 432 of 2020, hearing & decision Dated: 22-07-2020. (On appeal from the judgment/Order Dated 8.5.2012 and Dated 20.4.2018 passed by the Peshawar High Court, Peshawar in W.P. 3095 of 2011 and W.P. No. 3058 of 2011)
IJAZ UL AHSAN, JUSTICE MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Misbahullah Khan, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record (absent) for Appellants (in C.A. No. 634 of 2014). Zahid Yousaf Qureshi, Additional A.G., Khyber Pakhtunkhwa and Saadullah Jandoli, Advocate-on-Record (absent) for the Appellan
AQEEL SHAHZAD AND OTHERS
VS
GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH CHIEF SECRETARY, KHYBER PAKHTUNKHWA, PESHAWAR AND OTHERS
Law:
Section:
Khyber Pakhtunkhwa Agricultural Produce Markets General Rules, 2011--- ----R. 71(v)---Khyber Pakhtunkhwa Agricultural and Livestock Produce Markets Act (IV of 2007), Ss. 16 & 36--- Employees of Market Committee seeking regularization in service--- Termination from services---Legality---Terms and conditions of the employees as reflected in the different appointment orders would show that the same were of permanent and regular nature---Employees of the Market Committee who had spent/rendered services in the Committee since the year 1994-95 and that too without any blemish, and in spite of Khyber Pakhtunkhwa Agricultural and Livestock Produce Markets Act, 2007 ('the 2007 Act'), the Khyber Pakhtunkhwa Agricultural Produce Markets General Rules, 2011 ('the 2011 Rules'), and Bye-laws of 2013 made under the 2007 Act, had been made rolling stones struggling for their fundamental rights---Action of the competent authorities to terminate the employees and to make fresh appointments orders was oppressive and against their fundamental rights specially when R. 71(v) of the 2011 Rules also gave protection to the persons already employed---While serving the Market Committee for such a long time, almost all of the employees would have lost their chance of fresh appointments in other Government departments---In such circumstances the decision of the government and the Market Committee for termination of the employees or their fresh appointments under the Act 2007, the 2011 Rules and relevant Bye-laws of 2013, could not be concurred with---Order of termination of the employees, being illegal and unlawful, and having no legal effect, was set aside with the direction to the Provincial Government and the Market Committee to consider regularization of the services of the employees in accordance with law. THIS JUDGMENT DELIVERED BY: MAZHAR ALAM KHAN MIANKHEL, JUSTICE:---.--- We have before us an appeal (Civil Appeal No.634/2014) with leave of this Court vide order dated 15-04-2014 against a judgment dated 8-05-2012 of Peshawar High Court, Peshawar whereby the Writ Petition No.3095/2011 filed by the appellants for regularizing their services from the date of their initial…
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