| Citation(s) |
|---|
| 2022 SLG 558 2022 SLD 558 2022 SCMR 472 |
Supreme Court of Pakistan
Civil Appeals Nos. 759/2020, 1448/2016, 1483/2019, 760/2020,761/2020, 1213/2020 to 1230/2020, decided on 28-01-2022,date of hearing: 3rd June, 2021 (On appeal from thejudgments/orders dated 20.06.2017, 18.09.2015, 27.10.2016,27.03.2018, 14.03.2016, 07
GULZAR AHMED, C.J., MAZHAR ALAM KHAN MIANKHEL, JUSTICE, SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE
Shumail Butt, Advocate General, Khyber Pakhtunkhwa, Barrister Qasim Wadood, Additional A.G., Khyber Pakhtunkhwa, Atif Ali Khan, Additional A.G., Khyber Pakhtunkhwa, Zahid Yousaf Qureshi, Additional A.G., Khyber Pakhtunkhwa, Iftikhar Ghani, DEO (Male) Buni
Civil Appeals Nos. 759/2020, 1448/2016, 1483/2019, 760/2020,761/2020, 1213/2020 to 1230/2020, decided on 28-01-2022,date of hearing: 3rd June, 2021 (On appeal from thejudgments/orders dated 20.06.2017, 18.09.2015, 27.10.2016,27.03.2018, 14.03.2016, 07
GULZAR AHMED, C.J., MAZHAR ALAM KHAN MIANKHEL, JUSTICE, SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE
Shumail Butt, Advocate General, Khyber Pakhtunkhwa, Barrister Qasim Wadood, Additional A.G., Khyber Pakhtunkhwa, Atif Ali Khan, Additional A.G., Khyber Pakhtunkhwa, Zahid Yousaf Qureshi, Additional A.G., Khyber Pakhtunkhwa, Iftikhar Ghani, DEO (Male) Buni
GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH CHIEF SECRETARY, PESHAWAR AND OTHERSVSINTIZAR ALI AND OTHERS
Law:
Section:
(a) Khyber Pakhtunkhwa Sacked Employees (Appointment) Act (XVII of 2012)---S. 7 Preamble--- Sacked employees--- Pre-requisites for reinstatement under the Khyber Pakhtunkhwa Sacked Employees (Appointment) Act, 2012 (the 2012 Act)---To become eligible to get the relief of reinstatement, one has to fulfill (all) three conditions; first, the aggrieved person should be a regular employee; second, he must have the requisite qualification and experience for the post during the period from 01-11-1993 to 30-11-1996 and not later, and, third, he was dismissed, removed or terminated from service during the period from 01-11-1996 to 31-12-1998---Temporary/ad-hoc/contract employees have no vested right to claim reinstatement under the 2012 Act. (b) Civil service--Temporary/contract/project employees---Such employees had no vested right to claim regularization. PTCL v. Muhammad Samiullah 2021 SCMR 998 ref. (c) Interpretation of statutes--Natural and ordinary meaning of words---When meaning of a statute is clear and plain language of statute requires no other interpretation then intention of Legislature conveyed through such language has to be given full effect---Plain words must be expounded in their natural and ordinary sense---Intention of the Legislature is primarily to be gathered from language used and attention has to be paid to what has been said and not to that what has not been said. Government of Khyber Pakhtunkhwa v. Abdul Manan 2021 SCMR 1871 ref. (d) Words and phrases---Ultra vires and illegal---Distinction---Term ultra vires literally means beyond powers or lack of power; it signifies a concept distinct from illegality---In the loose or the widest sense, everything that is not warranted by law is illegal but in its proper or strict connotation illegal refers to that quality which makes the act itself contrary to law. (e) Constitution of Pakistan---Arts. 185 199---Factual controversies---Superior Courts can not engage in factual controversies---Matters pertaining to factual controversy can only be resolved after thorough inquiry and recording of evidence in a civil court. [p. 485] G Fateh Yarn Pvt. Ltd. v. Commissioner Inland Revenue 2021 SCMR 1133 ref. (f)…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492