Law:

Section:

North-West Frontier Province Civil Servants Act (XVIII of 1973)-------S. 19 [as amended by North-West Frontier Province Civil Servants (Amendment) Act (IX of 2005) w.e.f. 12-7-2005]---Regularization of service of contract employees by operation of law---Scope---Cases of contractual employees though appointed on project works would fell within ambit of S. 19(2) of North-West Frontier Province Civil Servants Act, 1973. Syed Arshad Hussain Shah, Additional A.-G. KPK for Appellants/Petitioners (in both cases). Zafar Abbas Zaidi, Advocate Supreme Court for Respondents Nos. 1, 2 and 5 (in C.A. No. 150-P of 2009). Muhammad Essa Khan, Advocate Supreme Court for Respondent (in C.A. No. 151-P of 2009). Nemo for Respondent (in C.P. No. 654-P of 2009). Date of hearing: 24th March, 2011. JUDGMENT TARIQ PARVEZ, J.---Because of community of facts and same law points involved therein, we intend to dispose of Civil Appeals Nos.150-P, 151-P of 2009 and Civil Petition No. 654-P of 2009, through this single judgment. 2. Civil Appeal No. 150-P of 2009.---The respondents had filed Constitutional Petition bearing Writ Petition No.475 of 2006 before the Peshawar High Court, Peshawar with the averments that pursuant to an advertisement, published in Daily Mashriq, Peshawar, dated 15-3-2002, issued by the Director, Human Resource Development, Department of Forest, Government of N.-W.F.P., various posts of Assistant Directors (BPS-17) in Community Development, Extension and Gender and Development Directorate, Research and Development Directorate and Human Resource Development Department of the Forest Department; they applied for the said posts and after undergoing the due process of recruitment/appointment, they were appointed on contract basis on the approval of Departmental Selection Committee vide notification dated 20-11-2002; they further averred that they accordingly assumed the charge of their respective assignments on contract basis, where they continued to hold such offices by virtue of extension orders in terms of their contract; it was further submitted that while in service, on 5-7-2005, the N.-W.F.P. Civil Servants (Amendment) Act, 2005 (Act-IX of 2005) [hereinafter referred…

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