GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Agriculture, Livestock and Cooperative Department Peshawar vs SAEED-UL-HASSAN Contract/project posts — 2022 PLC(CS) 164 SUPREME-COURT

Case information

Citation: 2022 PLC(CS) 164 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: PLC
Parties: GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Agriculture, Livestock and Cooperative Department Peshawar vs SAEED-UL-HASSAN Contract/project posts
Subject matter: Service

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 through Secretary Agriculture, Livestock and Cooperative Department Peshawar VS SAEED-UL-HASSAN Contract/project posts---Termination from service on completion of projects---High Court ordering reinstatement and regularization of project employees---Legality---Policy for the projects in question stated that the employees, who were employed in a project, would stand terminated, on the completion of the project---Only exception was that the said employees would be re-appointed on need basis if the project was extended over any new phase or phases---Record revealed that the respondents were terminated after the projects in which they were appointed came to an end or, were converted to the regular side---Appointments on the regular and newly created posts was to be made through advertisement and open competition through a transparent process via the Provincial Public Service Commission---Thus, former project employees could not claim regularization as a matter of right---Furthermore, it had been specifically mentioned in the appointment orders of the respondents/employees that they could not claim regularization and further, that they were employed on contract for a specific period of time---High Court could not have altered, amended or renegotiated the terms and conditions of the appointment orders of the respondents/employees for the simple reason that it did not have jurisdiction to do so---Appeals were allowed and impugned judgments of the High Court ordering reinstatement and regularization of respondents/employees in service were set aside.

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