SANAULLAH vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Higher Education, Civil Secretariat, Peshawar Regln — 2021 PLC(CS)N 6 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 PLC(CS)N 6 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: PLC
Parties: SANAULLAH vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Higher Education, Civil Secretariat, Peshawar Regln
Subject matter: Constitutional

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

SANAULLAH VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Higher Education, Civil Secretariat, Peshawar Regln.11---Regularization of services---Discrimination---Scope---Petitioners sought cancellation of their termination letters and regularization of their services---Contention of authorities was that appointments of petitioners were made without any advertisement and that qualifications of petitioners did not meet the existing criteria of minimum qualification---Validity---Rule 11(5)(c) of Shaheed Benazir Bhutto University, Sheringal Regulation, 2009, commanded that the appointment of a temporary employee should not be for a period of more than one year but the authorities had granted extensions one after the other for a period of more than three to six years---Such extensions gave rise to a strong presumption that the petitioners were competent, efficient and expert in their subjects/duties---Fresh criteria for appointment, framed after appointment of petitioners, could not be stretched retrospectively---Petitioners were discriminated with other similarly placed employees who were regularized by the Syndicate---Non-issuing of advertisement and holding test/interview, etc., amounted to waiver---Extension in tenure of service of the petitioners had undeniably created a legitimate expectancy in their minds with reference to their retention in the service on regular basis---Authorities while terminating the services had neither given a show cause notice nor provided opportunity of hearing to the petitioners---Constitutional petitions were allowed and services of the petitioners were ordered to be regularized, in circumstances.

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2021 PLC(CS)N 6 PESHAWAR-HIGH-COURTSANAULLAH VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Higher Education, Civil Secretariat, Peshawar Regln.11(5)(c)---Temporary app…
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