INAYAT KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Frontier Education Foundation (FEF) Khyber P

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INAYAT KHAN VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Frontier Education Foundation (FEF) Khyber Pakhtunkhwa at Peshawar Rr. 7 & 8---Khyber Pakhtunkhwa Education Foundation Act (III of 1992), S. 17---Employee of the Khyber Pakhtunkhwa Education Foundation---Completion of 10 years minimum service on contract basis---Special bonus, entitlement to---Admittedly, the petitioner was the employee of Education Foundation (Foundation') and was to be dealt with under the Khyber Pakhtunkhwa Education Foundation, Financial Rules, 2008 ('the Rules, 2008')---Rules 7 & 8 of the Rules, 2008 pertain to pay, allowances and increments of regular as well as pay and allowances for contract employees---According to R. 7 of the Rules 2008, an employee of Foundation having completed minimum 10 years continuous service is entitled for pay, allowances and increments including other fringe benefits of a regular employee as admissible to a civil servant, if otherwise not defined in these Rules or prescribed by the Board, however, a regular employee shall be entitled for the special bonus as per the schedule after completion of minimum ten years of continuous service in the manner i.e. "last pay x 4 x service length"---As the petitioner had completed 10 years as regular employment being regularized w.e.f. 01.08.2013 and retired w.e.f. 01.04.2018, therefore, R.7 was not applicable to his case---Rule 8 pertains to pay and allowances for a contract employee where a contract employee who has completed 10 years ofminimum service would be entitled for special bonus as per the formula i.e., last pay x 2 x service length---Petitioner was appointed as Naib Qasid on 16.08.2002 and he was regularized on 01.08.2013, as such, he had completed 10 years contract employment of the Foundation, therefore, he would be entitled for special bonus in accordance with R. 8 of the Rules, 2008 framed in consonance with S.17 of Khyber Pakhtunkhwa Education Foundation Act, 1992---Thus, the petitioner was entitled for special bonus on completion of 10 years minimum service on contract side being employee of the respondents as provided under R. 8 of the Rules 2008 and he shall be paid the same in accordance with the criteria as provided in the Rules, 2008---Petition was disposed of accordingly. Citation Name: 2025 PLC(CS) 330 PESHAWAR-HIGH-COURTBookmark this Case INAYAT KHAN VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Frontier Education Foundation (FEF) Khyber Pakhtunkhwa at Peshawar art. 371-a---Subsequent regularization of employee appointed on contract basis---Qualifying service for pensionary benefits---Scope---Petitioner (retired regular government employee) filed constitutional petition seeking the period of his employment to be counted from the date of his appointment on contract basis towards his pensionary benefits in consonance with art. 371-a of Civil Service Regulations (CSR)----Validity---No doubt, the service rendered by an employee on contract basis can be counted for pensionary benefits but it does not mean that it shall be added to make the deficiency good towards completion of qualifying service for pension, which is sine qua non for holding an employee entitled for pensionary benefits---Service rendered on contract basis followed by regularization could only be counted for pensionary benefits provided the employee has had qualifying service of ten years to his credit---Thus, the counting of service temporary or contractual for pensionary benefits, could not be interpreted in a manner, which tantamount to completing the qualifying service of ten year which is otherwise essential for pensionary benefits---The words 'add' and 'count' are neither synonyms nor antonyms of each other rather both are intransitive nouns having their own meaning---Service rendered on contract followed by regularization could only be counted for pensionary benefits provided the civil servant has completed qualifying ten years' service independently---Thus, the contention of petitioner for addition of his service rendered on contractual side in the service rendered by him after his regularization for pensionary benefits was misconceived---Constitutional petition was dismissed, in circumstances.

INAYAT KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Frontier Education Foundation (FEF) Khyber Pakhtunkhwa at Peshawar Rr — 2025 PLC(CS) 330 PESHAWAR-HIGH-COURT

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