| Case ID |
04f4a1be-2f40-40f3-9f1a-f4e0794fd9d2 |
| Body |
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| Case Number |
Writ Petition No.391-D of 2020 |
| Decision Date |
Dec 10, 2020 |
| Hearing Date |
Dec 10, 2020 |
| Decision |
The High Court ruled in favor of the petitioner, Malik Muhammad Naveed, directing the Department to regularize his services as Constable in the Special Police Force under the Khyber Pakhtunkhwa Special Police Officers (Regularization of Services) Act, 2019. The Court emphasized that the petitioner was entitled to the same treatment as other regularized officers, given that he had been reinstated from the date of his dismissal. The Court found that the omission of his name from the regularization list constituted a violation of his rights and that the Department's contention regarding his service status at the time of the notification was unfounded. |
| Summary |
In the case of Malik Muhammad Naveed vs. Government of Khyber Pakhtunkhwa, the petitioner contested the omission of his name from a notification for regularization under the Khyber Pakhtunkhwa Special Police Officers (Regularization of Services) Act, 2019. The case addressed significant issues regarding employment rights, procedural fairness, and the equal treatment of employees under the law. The Court examined the circumstances of the petitioner’s reinstatement after dismissal due to allegations and concluded that he was wrongfully excluded from the benefits of the regularization notification. The ruling underscored the importance of adhering to legal provisions that protect the rights of employees and ensure equitable treatment within the public sector. This case highlights the need for government departments to follow due process and maintain transparency in employment practices, particularly concerning the regularization of services. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL SHAKOOR,
SAHIBZADA ASADULLAH
|
| Lawyers |
Muhammad Idrees Khan,
Hashmat ur Rehman,
Kamran Hayat Miankhel
|
| Petitioners |
Malik Muhammad Naveed
|
| Respondents |
Government of Khyber Pakhtunkhwa through Chief Secretary Khyber Pakhtunkhwa, Peshawar and others
|
| Citations |
2021 SLD 2812,
2021 PLC 855
|
| Other Citations |
Haji Zahir Ali and others v. Government of Balochistan and others 2010 SCMR 678,
Dr. Munir Ahmad and 37 others v. Government of Pakistan, Finance Division, Islamabad and 4 others 2007 PLC (C.S.) 285
|
| Laws Involved |
Constitution of Pakistan, 1973,
Khyber Pakhtunkhwa Special Police Officers (Regularization of Services) Act, 2019
|
| Sections |
2-A,
4,
25,
2-A,
3,
5
|