2017 PLP (C (PLC(CS)N)

MUHAMMAD YOUNIS THAHEEM, J.

Petitioners Hamayun Khan and six others, seeks constitutional jurisdiction of this Court praying:-- "Therefore, it is very humbly prayed that on acceptance of instant writ petition, the act of respondents i.e. Revenue Authorities are going to hold written test / examination for the newly appointments of Patwari at Tehsil Lakki Marwat, be declared void ab initio, illegal, corum non judice and of no legal effect and also not sustainable in the eyes of prescribed law."

2. Succinct facts of the case are that the petitioners, Hamayun Khan and six others have successfully completed the Patwar course as trainees in the year 2008-09 at the Patwar Training Academy Chitral, Khyber Pakhtunkhwa hereinafter called the Academy. After completion of Patwar course from the Academy the name of petitioners were enlisted as candidates for appointment on their turn against the post of Patwari in the Register specifically prepared under Chapter Part-II of Land Record Manual and in light of judgment of Full Bench of this Court, W.P No.423/2002 and W.P. No.313-P of 2012 cited in Para "d" of the petition.

3. The list of approved candidates given in the Register maintained according to appendix "G" form P-1 in view of paragraph 3.6 of Land Record Manual (hereinafter called the Manual) is lying as annexure-"B" on the petition showing petitioners and other candidates who have passed Patwar course from the said Patwar school/academy.

4. The petitioners according to the averments in the petition apprehend that revenue authorities/ respondents herein are going to hold written test and interview for appointments of Patwari at Tehsil and District Lakki Marwat and are intending to appoint Patwaris to their favorite and blue-eyed candidates against the register "G" in violation of the rules framed under said the Manual by passing and violating list of candidate of Patwaris maintained in the Register "G". The petitioners being qualified candidates included in Register "G" have the right to be appointed according to the list in chronological manner i.e. the candidates who have their names in senior part of the list be appointed first than those who are on junior part of the list and if some pick and chose is practiced, it would amount extreme injustice and discrimination to the enlisted candidates including petitioners, thus invoked the constitutional jurisdiction of this Court to direct the respondents Nos.1 to 5 to abide strictly the law and rules regarding appointments of Patwaris according to the list maintained in the register "G" under the said Manual. Respondents were put on notice and directed to submit reply but they failed to adhere the direction of this court.

5. Valuable arguments of learned counsel for the appellants, Addl: A.G for official respondents heard and file perused.

6. It is settled view of the larger bench of this Court in Writ Petition No.1833-P/2014 that appointment of persons against post of Patwari shall be on seniority basis among those whose names had been enlisted in the register of candidates for appointment as Patwari kept and maintained on Form P-1 appendix "G" according to paragraph 3.6 of said Manual for this purpose. There is no provision of test and interview under the ibid rules for the appointment of Patwari. In this regard the judgment of this Court in Writ Petition No.3398-P/2014 along with Writ Petitions No.3556-P/2014, 2242-P/2014 and 1833-P/2014 is relied which reads as under.-- "Admittedly, the recruitment of patwaris is governed by the rules as contained in Chapter-3 of Paragraph 3.6 of Land Records Manual, which reads as thus;- "3.6. List of patwar pass persons.

(1) For each Sub-Division, a list of all Patwari Pass persons shall be maintained by the Sub-Divisional Collector/Political Assistant in Form P-1 given in Appendix "G" with a view to have ready information about the availability of eligible persons in the Sub-Division to facilitate filling up the vacancies. However, the appointment of Patwaris shall be made strictly in accordance with Service Rules and the Recruitment Policy as may be applicable at the relevant time. (2) Maximum Educational qualification for the Patwari is F.A/intermediate. The names of only those persons shall be enrolled, who are bona fide residents of the concerned Sub-Division. (3) The name of the eligible persons shall be added to the list as and when the result of the Patwari Examination is received and no eligible person shall be refused enrollment. (4) The aforesaid list shall be verified and up-dated by the Collector concerned at least once in a year so as to exclude the names of those, who have become un-available on account of death, migration, employment on any other post, etc. The bare reading of above Rules clearly shows that appointment of Patwaris are to be made from amongst the list of candidates of all the Patwar Pass person, maintained by Sub-Divisional Collector in Form P-1 appendix "G" under the rules, subject to observance of service Rules and the Recruitment policy prevalent at the relevant time. The method of Recruitment of Patwaris has been given in Service rules, i.e., The West Pakistan (Northern Zone) Patwari Subordinate Service Rules, 1963 and relevant Para of Rules 5 and 7 are reproduced as under:-- Method of recruitment; (1) Recruitment to the Service shall be made by initial recruitment. (2) Vacancies in the Service shall be reserved for bona fide residents of the District in which they occur.

7. Qualification: (1) No person shall be appointed to the Service unless he is able to read and writ Urdu and has passed:- (i) [The Vernacular Final Examination or Anglo Vernacular Middle Examination] and (ii) The Patwar Examination from a Patwar School established in accordance with paragraph 3.6 of the Land Record Manual."(emphasis applied)

7. The principle enunciated in the judgment of worthy larger bench of this Court is that the appointment of persons for Patwari posts shall be on seniority basis according to list given in register "G" strictly according to the Manual and policy formulated by the Government. Learned counsel for respondent, learned AAG pointed out no rule/provisions different to above discussed rules, so the method of any test and interview for appointment of Patwaris is in violation of settled laws.

8. Now the other question for determination before this Court is that whether this petition is maintainable which has been filed only upon the apprehension of violation of the supra law, rules and policy and apprehension of lack of transparency.

9. The petitioners had not challenged the appointment orders of respondents Nos.6 to 9 but only were impleaded. So far as the contentions raised by the learned counsel for petitioners and response to the query of this Court that why they have not challenged the appointment order of the respondents Nos.6 to 9 the learned counsel for petitioners submitted at the bar that the petitioners seek relief only to the extent of strict compliance of Register "G" of Lakki Marwat and seek direction for transparency of system regarding appointment according to list kept in Register "G" and are not aggrieved from the appointments of respondents Nos.6 to 9.

10. As discussed above, this petition being premature is disposed of with the observation that respondents Nos.1 to 5 shall follow the law and principle laid down in the judgment by the full Bench of this Court in Writ Petition No.1833-P/2014 while making appointments of Patwaris including petitioners. ZC/387/P Petition disposed of.