Law: Constitution of Pakistan, 1973

Section: 4, 9, 10A, 14, 15, 18, 25, 27

  SUMMARY Court has allowed five writ petitions filed by employees of the Khyber Pakhtunkhwa Technical Education & Vocational Training Authority (KP-TEVTA), directing the respondents to consider their cases for regularization in terms of the decisions taken by the Board of Directors in its 19th and 20th meetings. The petitioners were appointed on contract basis under Paragraph-12 of the KP-TEVTA Revised Regulations, 2020. The court held that denying regularization to the petitioners while extending the same benefit to other similarly placed employees is discriminatory and violative of Articles 4, 9, and 25 of the Constitution. The fixation and application of a cut-off date (31.12.2020) for regularization is arbitrary and lacks rational nexus with the object sought to be achieved.   Laws & Sections Involved Constitution of Pakistan, 1973 4, 9, 10A, 14, 15, 18, 25, 27 Khyber Pakhtunkhwa TEVTA Act, 2015 4(4) KP-TEVTA Revised Regulations, 2020 Paragraph 12 Civil Servants Act, 1973 (referred) Case Principle (2-Word Description) Discriminatory Regularization       JUDGMENT   Through   this   single judgment, we intend to decide this and the connected W.P No. 1232-M/2023 titled ‘Mst. Sharafat-un-Nisa vs. Government of Khyber  Pakhtunkhwa  through  Secretary  Industries  and Commerce, Peshawar and others’, W.P No. 1268-M/2023 titled   ‘Aziz-ur-Rahman and another vs. Government of Khyber Pakhtunkhwa through Secretary Industries and Commerce, Peshawar and others’, W.P No. 1404-M/2023 titled ‘Abdul Karim and others vs. Government of Khyber Pakhtunkhwa through Secretary Industries and Commerce, Peshawar and others’ and W.P No. 1030-M/2024 titled ‘Mst. Nida Azeem and another vs. Government of Khyber Pakhtunkhwa through Secretary Industries and Commerce, Peshawar and others’ as in all these connected cases common questions of law and fact are involved. In brief, the Khyber Pakhtunkhwa Technical Education & Vocational Training Authority (“KP-TEVTA”) is a statutory body established under the Khyber Pakhtunkhwa…