| Case ID |
20bac724-6234-41e3-b71a-8b8efc7e264c |
| Body |
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| Case Number |
Writ Petitions Nos. 2905 of 2009 |
| Decision Date |
Jan 26, 2015 |
| Hearing Date |
Jan 27, 2015 |
| Decision |
The Peshawar High Court held that the Khyber Pakhtunkhwa Employees' (Regulation of Services) Act, 2009 was lawful and constitutional, concluding that the petitioners did not possess a vested right to be appointed to specific positions and that the Act was beneficial and remedial in nature. The court directed the government to implement promotion rules fairly and transparently, allowing eligible in-service employees to be considered for promotions. The court established a framework to address the backlog of promotions while placing a moratorium on fresh recruitments until the backlog was cleared. |
| Summary |
This case revolves around the Khyber Pakhtunkhwa Employees' (Regulation of Services) Act, 2009, which was challenged by petitioners who argued that their rights were violated by the act of regularization of employees appointed on contract and ad hoc basis. The court affirmed that the act was constitutional and aimed at regularizing services of competent individuals appointed on contract. It also emphasized the importance of fair promotion practices and mandated the government to adhere to promotion rules, thereby ensuring that deserving candidates are considered for advancement. The ruling underscores the balance between legislative actions and the rights of existing employees, particularly within the context of public service appointments and promotions. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
WAQAR AHMAD SETH, JUSTICE,
MUSARRAT HILALI, JUSTICE
|
| Lawyers |
Ghulam Nabi Khan for Petitioners,
Sardar Ali Raza,
Waqar Ahmad Khan, A.A.G. for Respondents
|
| Petitioners |
ATTA ULLAH,
12 OTHERS
|
| Respondents |
OTHERS,
CHIEF SECRETARY, KHYBER PAKHTUNKHWA
|
| Citations |
2017 SLD 294 = 2017 PLC 62
|
| Other Citations |
I.A. Sherwani and others v. Government of Pakistan 1991 SCMR 1041
|
| Laws Involved |
Khyber Pakhtunkhwa Employees' (Regulation of Services) Act,
Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion and Transfer) Rules,
Constitution of Pakistan
|
| Sections |
XVI of 2009,
3(2),
199 & 212
|