Syed MUDDASAR SHAH TERMIZI vs PESHAWAR HIGH COURT, PESHAWAR through Registrar, Peshawar Ss — 2021 SCMR 116 SUPREME-COURT

Case information

Citation: 2021 SCMR 116 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: Syed MUDDASAR SHAH TERMIZI vs PESHAWAR HIGH COURT, PESHAWAR through Registrar, Peshawar Ss
Subject matter: Service
Provisions referred to: S. 19; S. 8---C; Khyber Pakhtunkhwa Civil Servants Act

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

Syed MUDDASAR SHAH TERMIZI VS PESHAWAR HIGH COURT, PESHAWAR through Registrar, Peshawar Ss. 8 & 19(4), proviso [as substituted through the Khyber Pakhtunkhwa Civil Servants (Amendment) Act (III of 2013)]---Khyber Pakhtunkhwa Judicial Service Rules, 2001, R. 5(e)---West Pakistan Civil Services Pension Rules, 1963, Rr. 1.5 & 2.2---Seniority---Civil Judges-cum-Magistrates appointed on contract basis regularized in service after appearing in competitive examination---Inter-se seniority of such judges was to be reckoned from the date of their regularization in service and not from their initial appointment on contract basis---Regularization of service through deeming provision of S. 19(4) of the Khyber Pakhtunkhwa Civil Servants Act, 1973 was confined to pensionary benefits alone and could not be stretched to affect the seniority inter-se of persons who were already members of the judicial service. Citation Name: 2021 SCMR 116 SUPREME-COURTBookmark this Case Syed MUDDASAR SHAH TERMIZI VS PESHAWAR HIGH COURT, PESHAWAR through Registrar, Peshawar Deeming provision in a section of the statute---Interpretation and effect. Citation Name: 2021 SCMR 116 SUPREME-COURTBookmark this Case Syed MUDDASAR SHAH TERMIZI VS PESHAWAR HIGH COURT, PESHAWAR through Registrar, Peshawar S. 8---Contract employees subsequently regularized in service---Seniority---Scope---Seniority could not be calculated for contract employees form the date of their initial contractual appointment---Seniority could only be determined when civil servants were commissioned into regular service.

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