Law: Khyber Pakhtunkhwa Civil Servants Act, (XVIII of 1973)

Section: 8,19(4)

(a) Khyber Pakhtunkhwa Civil Servants Act (LXXI of 1973)--- ----Ss. 8 & 19(4), proviso [as substituted through the Khyber Pakhtunkhwa Civil Servants (Amendment) Act (III of 2013)]---Khyber Pakhtunkhwa Judicial Service Rules, 2001, R. 5(e)---West Pakistan Civil Services Pension Rules, 1963, Rr. 1.5 & 2.2---Seniority---Civil Judges-cum-Magistrates appointed on contract basis regularized in service after appearing in competitive examination---Inter-se seniority of such judges was to be reckoned from the date of their regularization in service and not from their initial appointment on contract basis---Regularization of service through deeming provision of S. 19(4) of the Khyber Pakhtunkhwa Civil Servants Act, 1973 was confined to pensionary benefits alone and could not be stretched to affect the seniority inter-se of persons who were already members of the judicial service. In the present case, all the appellants/judicial officers were initially appointed on contract basis, which, on expiry, was renewed. However, the appellants, after qualifying their exams, and on the recommendation of the Provincial Public Service Commission, were appointed on a regular basis. The substituted proviso to sub section (4) to section 19 of Khyber Pakhtunkhwa Civil Servants Act, 1973, by the Khyber Pakhtunkhwa Civil Servants (Amendment) Act, 2013 merely construed and treated the appellants' appointment from the date of initial appointment on contract as regularized and removed the disparity between two sets of employees, namely who were initially appointed through the Provincial Public Service Commission and those who, though appointed initially on contract, were later regularized through the conduit of Commission for the purposes of calculating pension and gratuity. Section 19 of Khyber Pakhtunkhwa Civil Servants Act, 1973 dealt exclusively with the matter of Pension and Gratuity and did not affect seniority. Under the proviso to subsection (4) of section 19, 'those who are appointed in the prescribed manner to a service or post on or after the 1st of July, 2001 till 23rd July, 2005 on contract basis shall be deemed to have been appointed on a regular basis". The legislature clearly…

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