| Citation(s) |
|---|
| 2022 SLG 1217 2022 SLD 1217 2022 PLC 701 |
Supreme Court of Pakistan
Civil Appeals Nos. 231, 233, 235, 236, 238, 241, 242, 243, 256, 260, 262, 263, 264, 266, 278, 279, 281, 286, 287, 290, 291, 292, 293, 294, 295, 296, 297, 299, 300, 304 and 306 of 2020, decision dated: 28-01-2022, date of hearing: 25-11-2020 (Against judgm
GULZAR AHMED, C.J. IJAZ UL AHSAN, JUSTICE MUNIB AKHTAR, JUSTICE
Shumail Ahmad Butt, Advocate General Khyber Pakhtunkhwa, Atif Ali Khan, Additional A.G. Khyber Pakhtunkhwa, Barrister QasimWadood, Additional A.G. Khyber Pakhtunkhwa with ErumShaheen, DD, HED, Asif Khan, Litigation Officer, HED, Amin Jan, AD, Fisheries, G
Civil Appeals Nos. 231, 233, 235, 236, 238, 241, 242, 243, 256, 260, 262, 263, 264, 266, 278, 279, 281, 286, 287, 290, 291, 292, 293, 294, 295, 296, 297, 299, 300, 304 and 306 of 2020, decision dated: 28-01-2022, date of hearing: 25-11-2020 (Against judgm
GULZAR AHMED, C.J. IJAZ UL AHSAN, JUSTICE MUNIB AKHTAR, JUSTICE
Shumail Ahmad Butt, Advocate General Khyber Pakhtunkhwa, Atif Ali Khan, Additional A.G. Khyber Pakhtunkhwa, Barrister QasimWadood, Additional A.G. Khyber Pakhtunkhwa with ErumShaheen, DD, HED, Asif Khan, Litigation Officer, HED, Amin Jan, AD, Fisheries, G
DEPUTY DIRECTOR FINANCE AND ADMINISTRATION FATA THROUGH ADDITIONAL CHIEF SECRETARY FATA, PESHAWAR AND OTHERS
VS
DR. LAL MARJAN AND OTHERS
Law:
Section:
(a) Interpretation of statutes--- ----’Casus omissus’, principle of---Scope---Said principle provides that, where the legislature has not provided something in the language of the law, the Court cannot travel beyond its jurisdiction and read something into the law as the same would be ultra vires the powers available to the Court under the Constitution and would constitute an order without jurisdiction. (b) Civil service--- ----Contractual employees---Regularization in service---Regularization is not a vested right but requires a statutory basis---Where a contractual employee wishes to be regularized, he must demonstrate statutory basis for such a claim. (c) Civil service--- ----Contractual employees---Regularization in service---Long service is no ground for regularization---Regularization has to be supported by legislation and is not an automatically accruing right. JUDGMENT: IJAZ UL AHSAN, JUSTICE:---.--- Through this single judgment we intend to decide Civil Appeals Nos. 231, 233, 235, 236, 238, 241, 242, 243, 256, 260, 262, 263, 264, 266, 278, 279, 281, 286, 287, 290, 291, 292, 293, 294, 295, 296, 297, 299, 300, 304 and 306 of 2020, as they involve a common question of law. 2. Through the instant Appeals, the Appellants have challenged the impugned judgments dated 14.10.2014 passed in Writ Petitions Nos. 390-P of 2012, etc. by the Peshawar High Court, Peshawar. The Respondents had, through the Constitutional Petitions, sought the regularization of their services, which was allowed. 3. The brief facts giving rise to this lis are that the Respondents were appointed on contract basis against different posts in the erstwhile FATA. The Respondents on different dates received termination notices and, certain others were appointed in their place. The said steps were assailed before the Peshawar High Court by way of Constitutional Petitions which were allowed vide order of the High Court dated 05.10.2016. The said judgment of the High Court was challenged before this Court. This Court set aside the judgment of the High Court and remanded the matter back to the High Court for decision afresh vide order of this Court dated 28.11.2018. The High Court vide the…
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