| Case ID |
3d4032d1-a9ad-445e-a436-2fc09e2d5cb8 |
| Body |
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| Case Number |
Civil Appeal No. 268 of 2020 |
| Decision Date |
Jan 18, 2021 |
| Hearing Date |
Nov 25, 2020 |
| Decision |
The Supreme Court of Pakistan dismissed the appeal, affirming the High Court's decision to regularize the services of the respondent, who was employed as an electrician on a contract basis in the Khyber Pakhtunkhwa Administration Department. The Court found that the respondent met the criteria for regularization under the Khyber Pakhtunkhwa Employees (Regularization of Services) Act, 2009, and that contractual disclaimers in the appointment did not negate the right to regularization. The judgment emphasized the principle that no one should benefit from their own default, indicating a commitment to justice and fair treatment in employment matters. |
| Summary |
In the case of Civil Appeal No. 268 of 2020, the Supreme Court of Pakistan addressed the issue of regularization of contract employees under the Khyber Pakhtunkhwa Employees (Regularization of Services) Act, 2009. The respondent, Liaquat Ali, challenged the denial of regularization despite being employed as an electrician in the Khyber Pakhtunkhwa Administration Department. The Court found that the respondent was eligible for regularization as he fulfilled all conditions stipulated in the Act, which aims to provide job security to employees. This case highlights the importance of adhering to legal provisions regarding employment rights and the principles of justice in administrative matters. The decision reinforces the notion that contractual limitations cannot override statutory rights, ensuring that employees are treated fairly and justly. The judgment serves as a precedent for similar cases, emphasizing the need for transparency and accountability in public employment. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Khyber Pakhtunkhwa Administration Department,
Benevolent Fund Cell
|
| Judges |
IJAZ UL AHSAN,
MUNIB AKHTAR
|
| Lawyers |
Shumail Ahmad Butt,
Atif Ali Khan,
Barrister Qasim Wadood,
Khaled Rahman
|
| Petitioners |
GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH SECRETARY ADMINISTRATION DEPARTMENT AND OTHERS
|
| Respondents |
LIAQUAT ALI
|
| Citations |
2021 SLD 1350,
2021 SCMR 630
|
| Other Citations |
Not available
|
| Laws Involved |
Khyber Pakhtunkhwa Employees (Regularization of Services) Act
|
| Sections |
2(b),
3
|