RAFIA BIBI vs DIRECTOR GENERAL (HEALTH), KHYBER PAKHTUNKHWA Contract appointment

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RAFIA BIBI VS DIRECTOR GENERAL (HEALTH), KHYBER PAKHTUNKHWA Contract appointment---Regularization of service---Amendment in the rules---Effect---Department refused to regularize the employee on the ground that qualification for the post of Leady Health Visitor was matriculation with science subjects whereas she had passed her matriculation examination in subjects of arts---Validity---Petitioner had passed Lady Health Visitor examination from Nursing Examination Board---Candidates having matriculation with subjects of arts were eligible to get admission in the Nursing and Lady Health Visitor examination---Certificate of petitioner of passing examination of Lady Health Visitors was valid, authentic and was issued in accordance with rules and policy in vague---Department had amended rules and matriculation with science subjects had been declared compulsory for admission in the Nursing or Lady Health Visitor examinations---Amendment in rules made by the authorities had not invalidated previous degrees/certificates obtained by the candidates having passed matriculation with subjects of arts---Lady Health Visitor Examination Certificate of employee could not be held inoperative or incompetent, in circumstances---Amended criteria/policy of matriculation with science subjects could not be stretched retrospectively to wash away the rights of candidates who were eligible in the past---Lady Health Visitors who had Lady Health Visitor Examination Certificate with matriculation in subjects of arts had been appointed in the Health Department in the past---Petitioner had been appointed by Sarhad Rural Support Programme as Lady Health Visitor to perform duties in Basic Health Units---Sarhad Rural Support Programme was working under the Provincial Government under an agreement---Petitioner was employee of Health Department and she had served as Lady Health Visitor in the Government Basic Health Units which was temporarily given under the control of Sarhad Rural Support Programme---Provincial Government had taken back the administrative control of Basic Health Units and employees were needed there to provide health services---Petitioner was performing duties of permanent nature in the Government Basic Health Units and she was being paid through an outsource organization---Relationship of employee and employer existed between the parties---Sarhad Rural Support Programme had been put to an end and Health Department had taken over the administrative control of Basic Health Units all over the Province---Authorities had adjusted Primary Health Care Technician against existing regular vacancy on the basis of her satisfactory performance report---Petitioner could not be treated apart in circumstances---New vacancies had been created for the purpose of fresh appointments---Services of petitioner had been terminated without any notice who had nine years service at her credit---Authorities were directed to appoint the petitioner as Lady Health Visitor on regular basis---Constitutional petition was allowed, in circumstances.

RAFIA BIBI vs DIRECTOR GENERAL (HEALTH), KHYBER PAKHTUNKHWA Contract appointment — 2021 PLC(CS) 57 PESHAWAR-HIGH-COURT

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