2014 PLP (C (PLC(CS))

UMAR ATA BANDIAL, C.J.

This writ petition is filed to challenge the appointments of Muavineen by Provincial Government, inter alia, pursuant to the letter dated 22-11-2011 issued by the Chief Minister's Secretariat. This letter announces the establishment of Public Facilitation Centers (PFC) in Chief Minister's Secretariat. A list of Muavineen placed on record shows that 109 persons have been working in different departments of the Provincial Government at the Provincial Headquarter and other districts. Whereas most of the Muavineen are posted in the Health Department and in public hospitals, there are some that have been working, inter alia, in the Forestry, Wildlife and Fisheries Department, Environment Protection Department, Dramatic Performances/Theater in Lahore, HUD and PHE Department, Social Securities Department, Food Department, Agriculture Department and so forth. The Muavineen appointed by Provincial Government under different orders must work on voluntary and honorary basis assisted by a liaison, officer not below the rank of a gazetted officer.

2. The parawise comments inform that, the Muavineen are meant to facilitate the general public seeking service from government institutions, to record public complaints and redress the same in collaboration with concerned authorities through their respective liaison officer. The appointment of a Muavin without remuneration includes merely the provision of an office with basic support and pick and drop services.

3. Whereas the petitioner has not been able to specify any wrongdoing by any of the Muavineen appointed by Provincial Government, the sole point of his petition is that executive government cannot take any action except in accordance with law. There is no law providing for the appointment of Muavineen,the terms of their service or the ambit of their functions. As such the appointments made were purely discretionary which provided the Muavineen certain infrastructural support from the Provincial Government Establishment. Such facilitation necessarily involves expenditure from the exchequer and also permits to all Muavineen ready access to public officials and possibly to public record.

4. Learned Addl. A.-G has opposed the petition on the ground that it is based on an academic premise. There is no public complaint against any Mauvin to justify the petition. A voluntary service provided by a citizen to guide and assist a member of the public in his dealings with government departments ought not to be denigrated as an illegal act. Consequently, prays for the dismissal of this petition.

5. In the first place, the Muavineen have ceased to hold office after the expiry of the elected term of the Punjab Provincial Assembly. Secondly, there is no complaint available on record against any Muavin which would demonstrate abuse of authority. However, the point of legality raised by learned counsel for the petitioner remains significant and important. The fact that no wrongdoing has been committed in the present case cannot justify an appointment of a person to an office of Muavin established by an executive order of a public authority when there is no law authorizing such appointment.

6. Consequently, whilst no direction merits to be issued in view of the facts of the case, it is a matter of extreme importance that executive government and governance is conducted strictly in accordance with the Constitution and law. This is an obligation that is clearly spelt out from constitutional provisions including Articles 3, 4 and 199 thereof. In the past such appointments, made outside the purview of law have been struck down by this Court. Reference may be made to Shah Ahmad Khan v. Government Punjab (PLD 2007 (Lahore) 191) wherein the appointments of Advisors beyond the permissible limit having specific perks and salary were declared void.

7. Accordingly, in so far as the present case is concerned, it is appropriate that the executive government should be cautious that appointments to public posts made in exercise of public authority must necessarily have the cover of enabling law.

8. In view of the foregoing, this petition is disposed of. KMZ/M-186/L Order accordingly.