PESHAWAR, July 3: The Peshawar High Court on Thursday regularized the services of about 200 contract employees and declared appointment on contract basis against posts advertized as regular by the NWFP government as illegal.
A two-member bench comprising Justice Nasirul Mulk and Justice Tallat Qayyum Qureshi accepted 25 identical writ petitions.
The bench observed that once the posts were advertized as regular and examination and interviews conducted by the Public Service Commission, the government had no authority to make appointments on a contract basis.
The petitioners included public prosecutors, education and health officials and section officers.
In most of the cases, the posts were advertized prior to the introduction of the contract policy by the NWFP government in July 2001. Under the policy, the government banned appointments on a regular basis and started appointing employees on a contract basis only.
Advocates Qazi Mohammad Jamil, Abdul Aziz Kundi, Abdul Samad Khan, Ali Jamil Qazi, Muzzamil Khattak, Shakeel Ahmad and others appeared for the petitioners and argued that the government had appointed some candidates recommended by the PSC on regular basis whereas the petitioners were appointed on contract.
In the case of six librarians, Qazi Jamil argued that different posts were advertized in January 2000.
The advertisement included posts of librarians and lecturers, he said and added that those posts had already been sanctioned as regular and the PSC conducted examination and interviews for selecting the candidates.
Mr Jamil argued that after the PSC put forward the names of the successful candidates the government issued notification of the appointment of the librarians on contract basis, whereas the lecturers were appointed on regular basis.
He it was discriminatory on the part of the provincial government to appoint some candidates on regular basis and some on contract.
Samad Khan, in the case of Zulfiqar Ali and seven other public prosecutors, argued that the posts were advertized before the formulation of the contract policy.
He said was against the PSC rules to conduct examination and interviews for appointing people on contract basis.
He contended that when the posts were advertised as regular, examination was conducted and names of successful candidates were put forward, they could not be converted into contract.
He said some prosecutors were appointed on a regular basis, which proved discrimination with the petitioners.
Deputy Advocate-General Tariq Jawed appeared for the provincial government and argued that the petitioners were appointed on a contract basis in accordance with the policy framed by the government.
He contended that once the policy was announced, the candidates could not be appointed on a regular basis.