| Case ID |
67c8b39e-953a-4011-ba81-5cd771ba7c16 |
| Body |
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| Case Number |
Civil Appeals Nos.87-P to 92-P of 2011 and C.Ps. N |
| Decision Date |
Mar 14, 2013 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeals filed by the Government of KPK against the Peshawar High Court's decision which had regularized the services of the ad hoc appointees. The Court ruled that the respondents did not meet the required five years of experience as advocates at the time of their appointment and that the notification issued by the Provincial Government to dispense with this requirement could not be applied retrospectively. The Court emphasized that once the services of the respondents were terminated, they had to compete for the posts through the Public Service Commission, and their previous ad hoc appointments did not confer any vested right for regularization under the Act. Therefore, the impugned judgments of the High Court were set aside. |
| Summary |
This case revolves around the interpretation of the Khyber Pakhtunkhwa Employees (Regularization of Services) Act, 2009, particularly section 3, which addresses the regularization of services for certain employees. The Supreme Court determined that the ad hoc appointees, who did not possess the requisite five years of experience as advocates at the time of their initial appointments, were not entitled to regularization. The Court noted that the notification issued by the Provincial Government to waive the experience requirement was issued after the Act was promulgated and thus could not be applied retroactively to benefit the respondents. This decision underscores the importance of adhering to statutory requirements and the non-retroactive application of regulatory changes. The ruling serves as a significant precedent in employment law, particularly regarding the rights of ad hoc appointees and the conditions for regularization of services in government positions. The decision also highlights the procedural necessity for terminated employees to seek reinstatement through the proper channels, such as the Public Service Commission, reinforcing the rule of law in public service appointments. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIR-UL-MULK,
AMIR HANI MUSLIM,
MUHAMMAD ATHAR SAEED
|
| Lawyers |
Not available
|
| Petitioners |
GOVERNMENT OF KPK through Chief Secretary and others
|
| Respondents |
BILAL AHMAD KAKAIZAI and others
|
| Citations |
2013 SLD 1600 = 2013 SCMR 890
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| Other Citations |
Not available
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| Laws Involved |
Khyber Pakhtunkhwa Employees (Regularization of Services) Act
|
| Sections |
3
|