| Case ID |
1017ae11-beaf-4119-aae9-ad04cfe9a4b5 |
| Body |
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| Case Number |
Civil Petition No. 4424 of 2021 |
| Decision Date |
Aug 17, 2023 |
| Hearing Date |
Aug 17, 2023 |
| Decision |
The Supreme Court of Pakistan dismissed the petition filed by Muhammad Suleman, who sought leave against the judgment of the Peshawar High Court. The Court found that the petitioner was not appointed through a competitive and transparent process, and therefore did not meet the eligibility criteria for regularization under the Khyber Pakhtunkhwa Employees (Regularization of Services) Act, 2009. The Court emphasized the importance of transparency and competitive processes in appointments within civil service, reiterating that any appointments made in violation of these principles are void. The petitioner's request for regularization was thus denied, and the leave to appeal was refused. |
| Summary |
In the case of Muhammad Suleman vs. Chief Secretary, Government of Khyber Pakhtunkhwa, the Supreme Court of Pakistan addressed critical issues surrounding employment regularization and the necessity of a transparent hiring process. The case revolved around the Khyber Pakhtunkhwa Employees (Regularization of Services) Act of 2009, which outlines the eligibility for regularization of employees appointed under specific conditions. The petitioner, Muhammad Suleman, was appointed as a Lecturer by the Principal of a government college without following the mandated competitive process. The Supreme Court underscored that the lack of transparency in appointments violates constitutional provisions and renders such appointments void. The ruling reinforces the principle that selecting qualified candidates in a fair and just manner is a sacred trust that must be honored to serve the public interest effectively. This case reflects ongoing challenges in maintaining integrity within public service hiring practices, highlighting the importance of adherence to established laws and regulations. The decision is pivotal for future cases concerning employment rights and governmental accountability in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Khyber Pakhtunkhwa
|
| Judges |
Sayyed Mazahar Ali Akbar Naqvi,
Athar Minallah
|
| Lawyers |
Muhammad Umair Baloch
|
| Petitioners |
MUHAMMAD SULEMAN
|
| Respondents |
CHIEF SECRETARY, GOVERNMENT OF KHYBER PAKHTUNKHWA, CIVIL SECRETARIAT, PESHAWAR and others
|
| Citations |
2024 SLD 2702,
2024 PLC 139
|
| Other Citations |
Government of NWFP and others v. Muhammad Tufail Khan PLD 2004 SC 313,
Chief Secretary Punjab and others v. Abdul Raoof Dasti 2006 SCMR 1876,
Muhammad Ashraf Tiwana and others v. Pakistan and others 2013 SCMR 1159,
Muhammad Yasin v. Federation of Pakistan and others PLD 2012 SC 132
|
| Laws Involved |
Khyber Pakhtunkhwa Emergency Rescue Services Regulations, 2015,
Khyber Pakhtunkhwa Employees (Regularization of Services) Act, 2009
|
| Sections |
2(b),
2(c),
2(d),
3,
2(b),
2(c),
2(d),
3
|