Law:

Section:

(a) North-West Frontier Province Employees on Contract Basis (Regularization of Services) Act (VIII of 1989)-------S.2(b)(c)---Government of North-West Frontier Province Rules of Business, 1985, R.3 & Sched. I, Colmn 2---North-West Frontier Province Civil Servants (Regularization of Services) Act (I of 1988), S.5--­Constitution of Pakistan (1973), Art. 199---Constitutional petition--Regularisation of service---Appointment of petitioners on contract basis against posts created in a Planning. Cell under name of Strengthening of Local Government and Rural Development Department---Refusal of respondents to extend benefits of North-West Frontier Province Employees on Contract Basis (Regularization of Services) Act, 1989 to petitioners by way of regularizing their services of absorbing them in Department--­Validity---Legislature in its wisdom had assigned restrictive meanings to expressions "Government Department" and "post" as used in S. 2(b) & (c) of North-West Frontier Province Employees on Contract Basis (Regularization of Services) Act, 1989---According to R.3 of Government of North-West Frontier Province Rules of Business, 1985, a Government Department not mentioned in its Column No.2, Sched. I could not be construed as Department---Local Government and Rural Development Department was a Department within meaning of S.2(b) of Act (VIII of 1989), but the project on which petitioners had been appointed was a cell, a section and not a Department itself ---Petitioners' case was neither covered by any provision of Act VIII of 1989 and Act I of 1988 nor same could be treated at par with ad hoc employees regularised thereunder---Such project, wherein petitioners had been appointed, was not in existence and its employees were in surplus pool---No case was made out for issuance of writ within terms of Art. 199 of Constitution or on equitable considerations---High Court dismissed Constitutional petition. (b) North-West Frontier Province Employees on Contract Basis (Regularization of Services) Act (VIII of 1989)--- ----S.2(b)(c)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Regularization of service---Appointment of petitioners on…

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