Case Details

Citation(s)
2018 SLG 694 2018 SLD 694 2018 PLC 387
Peshawar High Court
W.P. No. 213-M of 2016, decision & hearing Date : 6-6-2017.
MUSARAT HILALI, JUSTICE, MOHAMMAD IBRAHIM KHAN, JUSTICE
Qazi Zaki-ud-Din for Petitioners. Sabir Shah, A.A.G. for
Respondents.

ZAHID SAEED AND 9 OTHERS

VS

DIRECTOR GENERAL TECHNICAL EDUCATION AND MANPOWER TRAINING KHYBER PAKHTUNKHWA, PESHAWAR AND 2 OTHERS

Law:

Section:

Civil service--- ----Daily wages employees of a college---Regularization of service---Scope---Petitioners-employees were appointed on contract basis---Contention of employees was that their contracts were extended from time to time and they were entitled for regularization of their service--Validity---Employees were appointed on the basis of daily wages from student fund for some months each year when College session was on---Employees were engaged out of student fund on fixed pay---Prayer for regularization of petitioners on the sole score that contractual period had been extended from time to time could not be accepted---Constitutional petition was dismissed in circumstances. Miss Zakia Naurin and others v. Federation of Pakistan and others 2014 PLC (C.S.) 609; Dr. Zafar Aziz Khan v. Dr. Shabnam Iqbal Niazi and another 1997 SCMR 1101; Muhammad Yaqoob v. The Secretary Local Government 2002 PLC (C.S.) 1625; Mustaq Ahmad Moral v. The Hon'ble Lahore High Court 1997 SCMR 1043 and Lahore Development Authority v. Mst. Imrana Tiwana and others 2015 SCMR 1739 ref. THIS JUDGMENT DELIVERED BY: MOHAMMAD IBRAHIM KHAN, JUSTICE:---.--- A group of as many 10 Junior Lecturers of the Government College of Technology, Timergara Dir Lower, are imploring the constitutional jurisdiction of this Court for a prayer set in: "Under circumstances mentioned above, it is therefore, respectfully prayed that, appropriate writs may be issued to the Respondents granting the following reliefs to the Petitioners:- A. That the NWFP Regularization of Service Act, 2009 may be declared voilative of Article 26 (1) and void under Article 8 (1) and (2) of the Constitution of Islamic Republic of Pakistan, 1973. B. That impugned order bearing No. TEVTA/HR-1/20/27 (79)/755 dated 29.02.2016 rejecting applications of the Petitioners for regularization of their services may be declared without jurisdiction, without lawful authority and of no legal effect. C. That the Respondents may be directed to refrain from making discrimination with the Petitioners in the matter of their services and the right to the regularization from contract to regular basis an well. D. It may be further directed to Respondents to…
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