SIKANDAR HAYAT vs CHIEF SECRETARY KHYBER PAKHTUNKHWA PESHAWAR S — 2021 PLC(CS)N 30 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 PLC(CS)N 30 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: PLC
Parties: SIKANDAR HAYAT vs CHIEF SECRETARY KHYBER PAKHTUNKHWA PESHAWAR S
Subject matter: Criminal
Provisions referred to: S. 2

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SIKANDAR HAYAT VS CHIEF SECRETARY KHYBER PAKHTUNKHWA PESHAWAR S.2(1)---Contract employees of Provincial Earthquake Reconstruction and Rehabilitation Agency---Regularization of service---Contention of employees was that they were entitled for regularization of their service from the date of their initial appointment---Validity---Employees had been serving in the Provincial Earthquake Reconstruction and Rehabilitation Agency under the administrative control of Provincial Government for the last thirteen years continuously but without any job security---Nature of duties performed by the Provincial Earthquake Reconstruction and Rehabilitation Agency employees was permanent---Services of employees had become matured and they had earned entitlement for regularization of their services---Regularization of employees did not require any statutory rules rather same did depend on the length of their services---Employees had become overage to get the job anywhere---Employees had requisite qualification for the posts and they had been appointed in due course of law---Employees had right to continue against the posts and they were entitled for their regularization in circumstances---Employees had been appointed in the project which was still continuing and they were performing duties of perpetual nature---Authorities were directed to regularize the services of petitioners on their existing posts with notional increase in their pay from the date of their first appointment, however, they would not be entitled to arrears in terms of pay---Constitutional petition was allowed, accordingly.

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