Mst. NADIA vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Health, Khyber Pakhtunkhwa, Peshawar R — 2022 PLC(CS) 1275 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 PLC(CS) 1275 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: PLC
Parties: Mst. NADIA vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Health, Khyber Pakhtunkhwa, Peshawar R
Subject matter: Service
Provisions referred to: 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

Mst. NADIA VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Health, Khyber Pakhtunkhwa, Peshawar R.10---Regularization of service---Contract appointment---Recruitment through agency---Petitioners were appointed for project through a recruiting agency and sought their regularization in service---Validity---Method of appointment was prescribed under R.10 of Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion and Transfer) Rules, 1989, by initial recruitment---Khyber Pakhtunkhwa Civil Servants Act, 1973, and Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion and Transfer) Rules, 1989 nowhere provided that appointment to a civil service could be made by or through some agency or private limited company or any other entity---Powers of government to devolve such authority to any other private entity was not provided or reserved under Khyber Pakhtunkhwa Civil Servants Act, 1973 and Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion and Transfer) Rules, 1989---Petitioners were appointed for Peoples' Primary Health Initiative Program under the umbrella of Sarhad Rural Support Program---Such appointments were not appointments made in service of Province---Government did not provide any such authorization under the contract entered with Sarhad Rural Support Program for implementation of Peoples' Primary Health Initiative Program---High Court declined to interfere in the matter of regularization of petitioners---Constitutional petition was dismissed, in circumstances. Head Notes

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