| Citation(s) |
|---|
| 2020 SLG 1721 2020 SLD 1721 2020 PLC 581 |
Peshawar High Court, Abbottabad Bench
Writ Petitions Nos. 563-A and 757-A of 2014, decision Dated: 10-10-2018, hearing Date : 10-10-2018.
LAL, JAN KHATTAK, JUSTICE SYED MUHAMMAD ATTIQUE SHAH, JUSTICE
Qazi Muhammad Azhar for Petitioners. Syed Altaf Hussain Shah and Raja Muhammad Zubair, AAG for
Respondents.
Writ Petitions Nos. 563-A and 757-A of 2014, decision Dated: 10-10-2018, hearing Date : 10-10-2018.
LAL, JAN KHATTAK, JUSTICE SYED MUHAMMAD ATTIQUE SHAH, JUSTICE
Qazi Muhammad Azhar for Petitioners. Syed Altaf Hussain Shah and Raja Muhammad Zubair, AAG for
Respondents.
SYED MUHAMMAD FAWAD BUKHARI AND 13 OTHERS
VS
BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, ABBOTABAD AND OTHERS
Law:
Section:
Civil service--- ----Contingent paid staff---Regularization of service---Scope---Employees had been appointed for 89 days by the authorities as contingent paid staff against various posts---Employees had been performing their duties and after expiry of initial period of their service the authorities (employer) had extended the period for further 89 days---Employees had not been regularized on the ground that they were contingent paid staff and their services could not be regularized notwithstanding the availability of sanctioned posts and the budget thereof---Practice of continuous service on temporary/contract/daily wages/contingent paid staff basis for long period of time was deprecated---Petitioners were similarly placed with the employees of the Board and entitled to the same treatment as extended to them---Authorities were directed to regularize the services of petitioners in accordance with law from the date of their initial appointment---Constitutional petition was allowed, accordingly. Board of. Intermediate and Secondary Education, Faisalabad through Chairman and others v. Tanveer Sajid and others 2018 SCMR 1405; Ejaz Akbar Kasi v. Ministry of Information and Broadcasting PLD 2011 SC 22; Pir Imran Sajid v. Managing Director/General Manager (Manager Finance) Telephone Industries of Pakistan 2015 SCMR 1257 and Board of Intermediate and Secondary Education, DG Khan and another v. Muhammad Altaf and others 2018 SCMR 325 rel. THIS JUDGMENT DELIVERED BY: SYED MUHAMMAD ATTIAQUE SHAH, JUSTICE:---.--- This commission judgment shall also dispose of connected Writ Petition No. 757-A/2014 titled 'Riast Gulzar v. The Government of Khyber Pakhtunkhwa and 2 others', having involved the same question of law and facts therein with prayer for their regularization in service of the Board. 2. Brief facts leading to filing of writ petitions are that the petitioners have been appointed against the post of Assistant Directress Sports, Stenographer, Steno Typist and Junior Clerks, as contingent paid staff against a fixed pay in Board of Intermediate and Secondary Education, Abbottabad in the years, 2011 to 2014, as they are fulfilling the required educational qualification…
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