GOVERNMENT OF KHYBER PAKHTUNKHWA vs LIAQUAT ALI Ss — 2021 PLC(CS) 721 SUPREME-COURT

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GOVERNMENT OF KHYBER PAKHTUNKHWA VS LIAQUAT ALI Ss.2(b) & 3---Contract employee---Regularization in service---Respondent was employed on contract basis as an Electrician in the Benevolent Fund Cell of Provincial Administration Department, and his contract was extended from time to time---Other contract employees, except the respondent, were regularized in service under S. 3 of the Khyber Pakhtunkhwa Employees (Regularization of Services) Act, 2009 ('the 2009 Act')---Respondent assailed the issue through a constitutional petition in the High Court, which was allowed and directions were given to regularize the services of the respondent---Held, that perusal of the appointment order of respondent showed that it was signed by the Secretary to the Provincial Government, Administration Department, Benevolent Fund Cell---Said Secretary was a member of the Board of Management constituted by the Provincial Chief Secretary---Respondent was appointed by the Provincial Government on contract and was an employee for the purposes of S. 2(b) of the 2009 Act---Respondent also fulfilled all the pre-conditions for regularization provided under S. 3 of the 2009 Act---Direction of the High Court to regularize the respondent was based on the correct legal and factual position---Appeal was dismissed. Citation Name: 2021 PLC(CS) 721 SUPREME-COURTBookmark this Case GOVERNMENT OF KHYBER PAKHTUNKHWA VS LIAQUAT ALI Ss. 2(b) & 3---Contract employee---Regularization in service---Appointment contract containing the term that contract employee could not seek regularization in service---Held, that language of the Khyber Pakhtunkhwa Employees (Regularization of Services) Act, 2009 ('the 2009 Act') overrode such contractual disclaimers and if it was shown that a person fell within the purview of the 2009 Act and fulfilled the pre-conditions (for regularization provided under S. 3 of the 2009 Act), he could seek regularization. Citation Name: 2021 PLC(CS) 721 SUPREME-COURTBookmark this Case GOVERNMENT OF KHYBER PAKHTUNKHWA VS LIAQUAT ALI Nobody should be allowed to benefit from their own default.

GOVERNMENT OF KHYBER PAKHTUNKHWA vs LIAQUAT ALI Ss — 2021 PLC(CS) 721 SUPREME-COURT

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