GOVERNMENT OF KHYBER PAKHTUNKHWA vs SHER ALI S — 2021 SCMR 494 SUPREME-COURT

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GOVERNMENT OF KHYBER PAKHTUNKHWA VS SHER ALI S. 3---Contract employees---Reinstatement and regularization in service---Respondents were contract employees of a Shrine ("the Shrine") and a Library ("the Library")---Both the Shrine and the Library were subsequently handed over to the Provincial Archives and Libraries Department---As a result of this conversion, posts occupied by the respondents were sanctioned by the Provincial Finance Department with the direction to fill the same by fresh recruitment---Respondents were not regularized in the said sanctioned posts---Held, that the Shrine and the Library were subsequently handed over to the administrative control of the Provincial Archives and Libraries Department and thus posts in the Shrine and the Library stood converted to the regular side and the requisite notification was issued by the concerned department which still held the field---Respondents were given assurances that they would be adjusted against the said posts---Respondents had already been declared as civil servants vide an office order---Vide an office memo it was stated that the employees of the Shrine had been appointed as per the prescribed rules and procedure, therefore, they should be adjusted against the posts that were sanctioned---Respondents had been unlawfully relieved because plausible reasons were not given for doing the same --- In the absence of such reasons, and by omitting to follow the correct procedure to relieve a civil servant, the Provincial authorities had committed an illegality---Section 3 of the Khyber Pakhtunkhwa Employees (Regularization of Services) Act, 2009 ('the 2009 Act') provided that all contractual or ad hoc employees who had been appointed before the promulgation of the 2009 Act would be deemed to have been validly appointed against regular posts---As such, the Provincial authorities could not circumvent the law and take a different position which was neither supported by the law, nor by the record of its own actions---High Court had rightly re-instated and regularized the services of the respondents---Appeals were dismissed.

GOVERNMENT OF KHYBER PAKHTUNKHWA vs SHER ALI S — 2021 SCMR 494 SUPREME-COURT

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