GOVERNMENT OF KHYBER PAKHTUNKHWA vs MUHAMMAD YOUNAS Ss — 2021 PLC(CS) 1194 SUPREME-COURT

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GOVERNMENT OF KHYBER PAKHTUNKHWA VS MUHAMMAD YOUNAS Ss. 2(b) & 3---Project posts---Contractual employees---Question as to whether project employees appointed to a project which was converted to the regular budget after the cut-off date of the Khyber Pakhtunkhwa Employees (Regularization of Services) Act, 2009 i.e. 24.10.2009, were eligible to be regularized under the relevant provisions of the said Act---Held, that contractual or adhoc employees appointed before 24.10.2009 i.e. the date of the commencement of the Khyber Pakhtunkhwa Employees (Regularization of Services) Act, 2009 ('the 2009 Act'), were eligible for regularization---However, in the present case, since the post against which the respondent was appointed, was converted to the regular budget in 2014, it was clear that the respondent fell outside the purview of the 2009 Act---Before the conversion of the post to the regular budget, the respondent was simply a project employee---Under S.2(b) of the 2009 Act, project employees were categorically excluded from the benefit of regularization under S.3 of the 2009 Act, therefore the said Act was clearly inapplicable to the respondent---Appeal was allowed and impugned judgment of High Court was set aside. Citation Name: 2021 PLC(CS) 1194 SUPREME-COURTBookmark this Case GOVERNMENT OF KHYBER PAKHTUNKHWA VS MUHAMMAD YOUNAS Clear and consistent interpretation by Courts in accordance with law---Scope---Courts of law were required to interpret the law and could neither rewrite the law nor read into the law something which was not provided therein---No matter how sympathetic a Court may feel towards a litigant or a set of litigants, Courts were duty-bound and required by the Constitution to adhere to the letter of law and not decide cases based on subjective feelings of sympathy which could vary from person to person---Law and its interpretation must be clear and consistent which was precisely why the adherence to the law was insisted upon as it lent stability to the system and increased the confidence of citizens in the law and the legal system---Involvement of subjectivity had the potential to make dispensation of justice variable and uncertain which was an anathema to a system based upon laws. Citation Name: 2021 PLC(CS) 1194 SUPREME-COURTBookmark this Case GOVERNMENT OF KHYBER PAKHTUNKHWA VS MUHAMMAD YOUNAS Project posts---Contractual employees---No right of regularization in service---In the present case, the policy governing appointment against Project Posts made it abundantly clear that upon conversion of the project to the regular budget, the services of the respondent-employee shall stand terminated---Furthermore, the appointment orders also clearly provided that the services of the respondent shall be terminated upon expiry of project period and that he shall not have any right to regularization---Respondent was fully aware of these terms and conditions when he applied and subsequently got appointed onto his respective former post---Appeal was allowed and impugned judgment of High Court was set aside.

GOVERNMENT OF KHYBER PAKHTUNKHWA vs MUHAMMAD YOUNAS Ss — 2021 PLC(CS) 1194 SUPREME-COURT

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