Law:

Section:

Khyber Pakhtoon Khawa Civil Servants Act (XVIII of 1973)-------Ss. 2(b) & 10(2)---Constitution of Pakistan, Art.199---Constitutional petition---Civil servant, status of---Determination---Petitioner had been serving in Sports, Culture, Tourism, Archaeology and Museum Department since 30-8-1995 and in year 2008, she was informed that her status was that of a contract employee---Department admitted that petitioner was an employee of Government working against regular sanctioned permanent post but on contract basis---Validity---Petitioner had not been only drawing salary from revenue side since February, 2000, but was also promoted to higher post in Basic Pay Scale-11 on recommendation of Department Promotion Committee---Petitioner was also enlisted in seniority list---All such were incidents of regular service as against contract or temporary employment---Even if there was any formal deficiency in appointment of petitioner, the same stood removed when she being treated as a regular employee, was promoted on the recommendation of Departmental Selection. Committee---High Court in exercise of Constitutional jurisdiction, declared petitioner as a regular civil servant within the meaning of section 2 (b) of Khyber Pakhtoon Khawa Civil Servants Act, 1973---Petition was allowed accordingly. 2006 MLD 855, 2004 SCMR 303=2004 PLC (C.S.) 301, 2004 SCMR 1662, 2006 SCMR 285=2006 PLC (C.S.) 1216; 2004 SCMR 1077; Civil Appeals No.44 to 79 of 2004 and Civil Petitions No.1409 of 2004 and 319 of 2005 ref. 1996 SCMR 413 rel. Shahzada Shahpur Jan for Petitioner. Barrister Waqar Ali, Dy. A.-G. for Respondents. Date of hearing: 5th November, 2010. JUDGMENT IMTIAZ ALI, J.--- Through this constitutional petition, Miss. Rukhsana Qureshi, a Computer Operator in Planning Cell, Sports, Culture, Tourism, Archaeology & Museum Department Peshawar (hereinafter referred to as the Department), has prayed for following reliefs from this Court:-- (a) Declaration to the effect that the petitioner is a regular employee of the Department. (b) Declaration to the effect that she is entitled for pay at an equal stage of BPS-11, being regular employee. (c) Declaration to the effect that she being…

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