| Citation(s) |
|---|
| 2020 SLG 2353 2020 SLD 2353 2020 PLC 1190 |
Supreme Court of Pakistan
Civil Appeals Nos. 634 of 2014 and 431 and 432 of 2020, decided on 22nd July, 2020, Date of hearing: 22nd July, 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 an
GULZAR AHMED, C.J., IJAZ UL AHSAN AND MAZHAR ALAM KHAN MIANKHEL, JJ
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, decided on 22nd July, 2020, Date of hearing: 22nd July, 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 an
GULZAR AHMED, C.J., IJAZ UL AHSAN AND MAZHAR ALAM KHAN MIANKHEL, JJ
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. 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---…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492