| Citation(s) |
|---|
| 2021 SLG 2801 2021 SLD 2801 2021 PLC 721 |
Supreme Court of Pakistan
Civil Appeal No. 268 of 2020, decided on 18th January, 2021, Date of hearing: 25th November, 2020. (Against the order dated 04.04.2018 passed by the Peshawar High Court, Peshawar in Constitutional Petition No. 3139-P of 2017).
IJAZ UL AHSAN, JUSTICE, MUNIB AKHTAR, JUSTICE
Shumail Ahmad Butt, Advocate General, Khyber Pakhtunkhwa, Atif Ali Khan, Additional A.G., KPK, Barrister Qasim Wadood, Additional A.G., KPK with Irum Shaheen, DD, HED, Asif Khan, Litigation Officer, HED, Amin Jan, AD, Fisheries, Gulzar Mahmood, AD Fisheri
Civil Appeal No. 268 of 2020, decided on 18th January, 2021, Date of hearing: 25th November, 2020. (Against the order dated 04.04.2018 passed by the Peshawar High Court, Peshawar in Constitutional Petition No. 3139-P of 2017).
IJAZ UL AHSAN, JUSTICE, MUNIB AKHTAR, JUSTICE
Shumail Ahmad Butt, Advocate General, Khyber Pakhtunkhwa, Atif Ali Khan, Additional A.G., KPK, Barrister Qasim Wadood, Additional A.G., KPK with Irum Shaheen, DD, HED, Asif Khan, Litigation Officer, HED, Amin Jan, AD, Fisheries, Gulzar Mahmood, AD Fisheri
GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH SECRETARY ADMINISTRATION DEPARTMENT AND OTHERS
VS
LIAQUAT ALI
Law: Khyber Pakhtunkhwa Employees (Regularization of Services) Act, (XVI of 2009)
Section: 2(b),3
(a) Khyber Pakhtunkhwa Employees (Regularization of Services) Act (XVI of 2009)--- ----Ss.2(b) 3---Contract employee---Regularization in service was employed on contract basis as an Electrician in the Benevolent Fund Cell of Provincial Administration Department, and his contract was extended from time to time---Other contract employees, except the respondent, were regularized in service under S. 3 of the Khyber Pakhtunkhwa Employees (Regularization of Services) Act, 2009 (the 2009 Act) assailed the issue through a constitutional petition in the High Court, which was allowed and directions were given to regularize the services of the respondent---Held, that perusal of the appointment order of respondent showed that it was signed by the Secretary to the Provincial Government, Administration Department, Benevolent Fund Cell---Said Secretary was a member of the Board of Management constituted by the Provincial Chief Secretary was appointed by the Provincial Government on contract and was an employee for the purposes of S. 2(b) of the 2009 Act also fulfilled all the pre-conditions for regularization provided under S. 3 of the 2009 Act---Direction of the High Court to regularize the respondent was based on the correct legal and factual position---Appeal was dismissed. (b) Khyber Pakhtunkhwa Employees (Regularization of Services) Act (XVI of 2009)--- ----Ss. 2(b) 3---Contract employee---Regularization in service---Appointment contract containing the term that contract employee could not seek regularization in service---Held, that language of the Khyber Pakhtunkhwa Employees (Regularization of Services) Act, 2009 (the 2009 Act) overrode such contractual disclaimers and if it was shown that a person fell within the purview of the 2009 Act and fulfilled the pre-conditions (for regularization provided under S. 3 of the 2009 Act), he could seek regularization. (c) Administration of justice--- ----Nobody should be allowed to benefit from their own default. JUDGMENT IJAZ UL AHSAN, JUSTICE:---.--- Through this judgment we intend to decide Civil Appeal No. 268 of 2020. 2. Through the instant Appeal, the Appellant has challenged the Judgment dated 04.04.2018 passed in…
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