MUHAMMAD SULEMAN vs CHIEF SECRETARY, GOVERNMENT OF KHYBER PAKHTUNKHWA, CIVIL SECRETARIAT, PESHAWAR Ss — 2023 SCMR 1932 SUPREME-COURT

Case information

Citation: 2023 SCMR 1932 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: MUHAMMAD SULEMAN vs CHIEF SECRETARY, GOVERNMENT OF KHYBER PAKHTUNKHWA, CIVIL SECRETARIAT, PESHAWAR Ss

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

MUHAMMAD SULEMAN VS CHIEF SECRETARY, GOVERNMENT OF KHYBER PAKHTUNKHWA, CIVIL SECRETARIAT, PESHAWAR Ss. 2(b), 2(c), 2(d) & 3--- Employee not appointed by the Government or Government department--- Eligibility for regularization---Petitioner had not been appointed through a competitive transparent process---Moreover, the appointment was made by the Principal of the (Government) College against a fixed remuneration paid from the Agency Development Fund---Appointment had not been made by the "Government" nor a "Government Department" as defined under clauses 'c' and 'd' of section 2 of the Khyber Pakhtunkhwa Employees (Regularization of Services) Act, 2009 ('Act of 2009')---Expression 'employee' has been defined in clause 'b' of the Act of 2009 as meaning an ad hoc or a contract employee appointed by the Government on ad hoc or contract basis or second shift/night shift but excluded the employees of project post or appointed on work charge basis or who were paid out of contingencies---Petitioner, therefore, did not fall within the definition of the expression 'employee' for the purposes of section 3 of the Act of 2009---Petitioner was not eligible to be regularized under the Act of 2009---Petition for leave to appeal was dismissed and leave was refused.

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