2023 PLP (C (PLC(CS)N)

QAISER RASHID KHAN, J.

The petitioners, through the instant writ petition, have asked for the issuance of an appropriate writ declaring the intimation letter dated 19.02.2020 of respondent No.3 pursuant to 36th Meeting of the Board of Governors dated 18.11.2019 to be nullity in the eye of law and of no legal effect whereby the facility of free of cost education to the children of the employees of the respondents' school has been abolished / stopped and also for directions to the respondents to continue the said facility to them in light of the 6th and 19th meetings of the Board of Governors held on 07.06.1981 and 02.12.2000 respectively being their legitimate right.

2. In brief, the grievance of the petitioners, as per the averments of the petition, is that they being the employees of the Peshawar Public Schools for Boys and Girls are entitled free of cost education to their children pursuant to the decisions of the 6th and 19th meetings of the Board of Governors held on 07.06.1981 and 02.12.2000 respectively and as such they cannot be deprived of the same facility pursuant to the impugned intimation letter dated 19.02.2020.

3. The gist of the arguments of the learned counsel for the petitioners is that a beneficial facility, so granted / extended earlier to the employees of the respondents' school for decades cannot be refused or for that matter limited subsequently under any canons of law.

4. The crux of the arguments of the learned counsel for the respondents is that the facility purely relates to the fiscal matter cannot be asked as of right as per whims and wishes of the employees, rather it is always subject to the availability of funds and even otherwise this petition is not maintainable being hit by the principle of res judicata as well as filed by the petitioners being employees of an autonomous statutory body having no statutory rules.

5. Arguments heard and the available record perused.

6. It is not disputed before us that the petitioners are the employees of the Peshawar Public School for Boys and Girls having no statutory rules. It is also not disputed before us that neither the services of the petitioners are regulated by a statute nor any of its provision has been violated by the employer while dealing with them. Being so; their case is clearly and squarely one of 'Master' and 'Servant' therefore, resort cannot be had to the constitutional jurisdiction of the High Court. Moreover, the employees of the respondents' school or for that matter some of the present petitioners had earlier filed Writ Petitions bearing No.2017-P of 2017 and No.3795-P of 2018 with the same grievance and request, have already been decided rather dismissed by this court vide judgments dated 26.09.2017 and 13.02.2019 respectively, hence, this petition is hit by the principle of res judicata. Even otherwise, on merits too, this court cannot come to the rescue of the petitioners as the issue purely relates to fiscal matter and due to some financial constraint, the relief, so asked, was not extended to the petitioners by the respondents and certainly we would not like to pass any order through this petition which is practically not executable.

7. Accordingly, this writ petition being without any substance is dismissed along with C.M. MQ/385/P Petition dismissed.