| Case ID |
16451d42-3daa-4988-8b72-be74f4aaf044 |
| Body |
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| Case Number |
Writ Petition No.2436 of 2009 |
| Decision Date |
Jan 14, 2011 |
| Hearing Date |
Dec 01, 2010 |
| Decision |
The writ petition was dismissed as the petitioners did not qualify for the benefits of the North-West Frontier Province Civil Servants (Amendment) Act, 2005. The court found that the petitioners were appointed against project posts and had accepted extensions of their contract without claiming regularization under the amended law. The decision emphasized the distinction between project employees and those appointed against sanctioned posts, ultimately concluding that the changes in the law did not apply to the petitioners' situation. |
| Summary |
In the case of Writ Petition No.2436 of 2009, the Peshawar High Court addressed the constitutional petition filed by TARIQ HABIB and others challenging their termination from contract posts. The court examined the implications of the North-West Frontier Province Civil Servants (Amendment) Act, 2005, which aimed to regularize certain contract employees. However, the court ruled that the petitioners, who were appointed against project posts, did not meet the criteria for regularization under the amended law. This judgment underscores the importance of understanding employment classifications within public service, particularly in the context of contract versus regular appointments. The court's interpretation of the law reflects an effort to clarify the status of civil servants in Pakistan, particularly against the backdrop of evolving governmental policies on employment contracts. As such, this case serves as a pivotal reference for future litigations involving contract employees seeking regularization in similar contexts, highlighting the ongoing legal discourse surrounding civil service employment rights. |
| Court |
Peshawar High Court
|
| Entities Involved |
North-West Frontier Province
|
| Judges |
MAZHAR ALAM KHAN,
IMTIAZ ALI
|
| Lawyers |
Ijaz Anwar,
Obaid Razaq, A.A.-G.,
Nisar Muhammad, Assistant Director
|
| Petitioners |
2 others,
TARIQ HABIB
|
| Respondents |
2 others,
GOVERNMENT OF N.W.F.P. through Chief Secretary, N.W.F.P.
|
| Citations |
2011 SLD 1866 = 2011 PLC 1479
|
| Other Citations |
Shagufta Syed v. Government of N.-W.F.P.,
Writ Petition No.1731 of 2006,
Dr. Rizwanullah and others v. Government of N.-W.F.P.,
Writ Petition No.1510 of 2007,
Miss Balqees v. Province of N.-W.F.P.,
Writ Petition No.361 of 2010
|
| Laws Involved |
North-West Frontier Province Civil Servants Act,
North-West Frontier Province Civil Servants (Amendment) Act,
Constitution of Pakistan
|
| Sections |
19,
2,
199
|