| Case ID |
1f46c645-9dbe-4517-8325-5bfaef9c92b2 |
| Body |
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| Case Number |
Writ Petition No.598-M of 2020 |
| Decision Date |
Apr 13, 2022 |
| Hearing Date |
Apr 13, 2022 |
| Decision |
The court ruled that the petitioners, who were appointed as Special Police Officers on a contractual basis, could not claim regularization of their services under the Khyber Pakhtunkhwa Special Police Officers (Regularization of Services) Act, 2019. The court emphasized that the law provided for regularization only for those who were holding the post on or before August 1, 2019. Since most petitioners were appointed after this date, their claims were dismissed. The court reiterated that there is no vested right for contractual employees to seek regularization unless explicitly provided by law. The decision reflects the settled principle that long or satisfactory service does not confer a right to regularization without statutory support. |
| Summary |
In the case of Writ Petition No.598-M of 2020, the Peshawar High Court addressed the issue of regularization of services for Special Police Officers (SPOs) appointed on a contractual basis. The court examined the Khyber Pakhtunkhwa Special Police Officers (Regularization of Services) Act, 2019, which stipulates that only those SPOs who were in service as of August 1, 2019, are eligible for regularization. The petitioners, who were appointed after this date, sought to challenge the denial of their regularization. However, the court held that without a legal or statutory basis for their claims, the petitioners could not establish a right to regularization. The ruling reaffirmed the legal principle that contractual employees do not possess an automatic right to regularization unless clearly provided for by law. The case underscores the importance of adhering to statutory provisions in employment matters, particularly regarding the rights of contractual employees seeking regularization. |
| Court |
Peshawar High Court, Mingora Bench
|
| Entities Involved |
Khyber Pakhtunkhwa Government,
Khyber Pakhtunkhwa Special Police Officers
|
| Judges |
MUHAMMAD NAEEM ANWAR,
MUHAMMAD IJAZ KHAN
|
| Lawyers |
Shams-ul-Hadi,
Haq Nawaz,
Naeem Hussain
|
| Petitioners |
ISRAR ALI,
WAJID ALI,
BAKHT AFSAR,
NUMAN ALI
|
| Respondents |
2 others,
GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Home and Tribal Affairs Department
|
| Citations |
2023 SLD 428,
2023 PLC 358
|
| Other Citations |
Khushal Khan Khattak University through Vice-Chancellor and others v. Jabran Ali Khan and others 2021 SCMR 977,
Government of Khyber Pakhtunkhwa Workers Welfare Board v. Raheel Ali Gohar 2020 SCMR 2068,
Pakistan Telecommunication Company Ltd. v. Muhammad Sami Ullah 2021 SCMR 998,
Vice Chancellor Bacha Khan University Charsada, Khyber Pakhtunkhwa and others v. Tanveer Ahmad and others 2021 SCMR 1995,
Government of Khyber Pakhtunkhwa through Secretary Agriculture, Livestock and others v. Saeed-ul-Hassan and others 2021 SCMR 1376,
Fazl-e-Haq, Accountant-General, West Pakistan v. The State PLD 1960 SC 295,
Mian Fazal Din v. Lahore Improvement Trust, Lahore and another PLD 1969 Supreme Court 223
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|