Law: Khyber Pakhtunkhwa Employees (Regularization of Services) Act, (XVI of 2009)

Section: 3,4

Law: Khyber Pakhtunkhwa Public Service Commission Regulations, 2003

Section: 35(3)(a)

Khyber Pakhtunkhwa Employees (Regularization of Services) Act (XVI of 2009)-----Ss. 3 ,  4---Khyber Pakhtunkhwa Public Service Commission Regulations, 2003, Reglns. 35(3)(a) ,  35(3)(b)---Seniority---Prior to commencement of Khyber Pakhtunkhwa Employees (Regularization of Services) Act, 2009 (‘the 2009 Act’), the Provincial Public Services Commission (‘the Commission’) recommended employees in batches owing to their large number---Some batches were recommended for appointment prior to commencement of the Khyber Pakhtunkhwa Employees (Regularization of Services) Act, 2009 (‘the 2009 Act’), while others after its commencement---Employees from batches recommended by the Commission, after the commencement of the 2009 Act, would also get the benefit of section 4 of the 2009 Act---In such circumstances, other employees whose services were regularized pursuant to the 2009 Act, shall rank junior to those candidates, whose recommendations were made by the Commission, prior to the commencement date of the 2009 Act. Section 4 of the Khyber Pakhtunkhwa Employees (Regularization of Services) Act, 2009 (‘the 2009 Act’) given preference (for seniority purposes) to those employees, whowere recommended by the Provincial Public Services Commission (‘the Commission’) for their appointment, before the promulgation of the 2009 Act, irrespective of their actual date of appointment. In the present case the first batch of the employees was recommended by the Commission on 15th September 2009, before the commencement of the 2009 Act, whereas, because of bulk of the candidates, the recommendations of rest of the candidates were made on different dates, after the commencement of the 2009 Act. The question before the court is that rest of the candidates, who were recommended by the Commission for their appointments, after the commencement of the 2009 Act, would get the benefit of section 4 of the Act or otherwise? Regulations 35(3)(a) and 35(3)(b) of the Khyber Pakhtunkhwa Public Service Commission Regulations, 2003 (‘the 2003 Regulations’) clarify that in case of more than one candidate, if the recommendation of the Commission is withheld or delayed in respect of one or more…

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