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GOVERNMENT OF KHYBER PAKHTUNKHWA vs MUHAMMAD YOUNAS Ss — 2021 SCMR 1045 SUPREME-COURT

Case information

Citation
2021 SCMR 1045 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
GOVERNMENT OF KHYBER PAKHTUNKHWA vs MUHAMMAD YOUNAS Ss
Provisions referred to
S. 2; S. 3

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

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.

Other judgments reported in 2021 SCMR

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