Law: Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion and Transfer) Rules, 1989

Section: 10

Law: Constitution of Pakistan, 1973

Section: 240

(a) Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion and Transfer) Rules, 1989--- ----R.10---Regularization of service---Contract appointment---Recruitment through agency---Petitioners were appointed for project through a recruiting agency and sought their regularization in service---Validity---Method of appointment was prescribed under R.10 of Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion and Transfer) Rules, 1989, by initial recruitment---Khyber Pakhtunkhwa Civil Servants Act, 1973, and Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion and Transfer) Rules, 1989 nowhere provided that appointment to a civil service could be made by or through some agency or private limited company or any other entity---Powers of government to devolve such authority to any other private entity was not provided or reserved under Khyber Pakhtunkhwa Civil Servants Act, 1973 and Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion and Transfer) Rules, 1989---Petitioners were appointed for Peoples Primary Health Initiative Program under the umbrella of Sarhad Rural Support Program---Such appointments were not appointments made in service of Province---Government did not provide any such authorization under the contract entered with Sarhad Rural Support Program for implementation of Peoples Primary Health Initiative Program---High Court declined to interfere in the matter of regularization of petitioners---Constitutional petition was dismissed, in circumstances. Government of Khyber Pakhtunkhwa through Secretary Health, Peshawar and others v. Jawad Ali and others 2021 SCMR 185 ref. (b) Constitution of Pakistan--- ----Art.240---Regularization of service---Principle---When an employee seeks regularization of service of Province or Federation, he in fact seeks his appointment thereto---Law is required under Art.240 of the Constitution, which should provide for such appointment to civil service of the Federation or civil service of Province. JUDGMENT WIQAR AHMAD, J.----Through this singe judgment, we intend to dispose of W.P. No. 1110-M/2018 as well as W.P. No. 1172-M/2018 filed by respective petitioners under Article 199 of the Constitution of Islamic…

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