2019 PLP (C (PLC(CS)N)

ALI BAIG, J.

The petitioners have invoked the writ jurisdiction of this court under Article 71(2) of Gilgit-Baltistan (Empowerment and Self Governance) Order, 2009 read with enabling Articles of Islamic Republic of Pakistan, 1973 to the effect that the petitioners are serving as Deputy Superintendents and Assistant Superintendents Jail (BPS-16) and (BPS-14) respectively in various prisons of Gilgit-Baltistan. On 8th September, 2010 Home and Prison Department Gilgit-Baltistan had submitted summary to the then Chief Minister Gilgit-Baltistan for creation of posts of Deputy Superintendent BPS-17 and Assistant Superintendent Jail BPS-16 which was approved by the then Chief Minister Gilgit-Baltistan in order to bring the posts of petitioners at par with their counterparts serving in other provinces of Pakistan. But the present respondents have yet not upgraded the posts of the petitioners with mala fide intention which is against the fundamental rights of petitioners and clear discrimination on the part of the respondents against the petitioners.

2. The petitioners have also challenged recruitment rules of Prisons Department Gilgit-Baltistan notified vide SRO 529(I)/2014 on 6th June 2014, wherein method of appointment of posts of Deputy Superintendent and Assistant Superintendent Jail has been prescribed 50% by promotion and 50% by initial appointment.

3. The learned counsel appearing on behalf of petitioners contented that the posts of Deputy Superintendent and Assistant Superintendent Jail have already been up graded from (BPS-16) to (BPS-17) and (BPS-14) to (BPS-16) respectively in other provinces of Pakistan, but the respondents are reluctant to upgrade the posts of Deputy Superintendent and Assistant Superintendent Jail in Gilgit-Baltistan which is clear disparity and discrimination on the part of respondents. The learned counsel for the petitioners further argued that even summary for up gradation of aforesaid posts of Prisons Department Gilgit-Baltistan was approved by the then Chief Minister Gilgit-Baltistan on 29-9-2010, but despite approval of summary for up gradation of aforementioned posts of Jail Department Gilgit-Baltistan and lapse of considerable time the respondents have not yet upgraded aforementioned posts of Prisons Department Gilgit-Baltistan. The learned counsel for the petitioners further argued that vide SRO 529(I)/2014 notified in the Gazette of Pakistan on June 17th, 2014 posts of Deputy Superintendent and Assistant Superintendent Jail are to be filled in 50% by promotion and 50% by initial appointment, whereas in the other provinces of Pakistan, posts of Superintendent and Deputy Superintendent Jail are filled 100% by promotion and posts of Assistant Superintendent are filled in by 30% initial appointment and 70% by promotion. Concluding his arguments the learned counsel for the petitioners argued that by allowing this writ petition the respondents may be directed to bring the posts of Deputy Superintendent and Assistant Superintendent Jail holding by the petitioners at par with their counterparts serving in Punjab, Sindh, and other provinces by upgrading the posts of Deputy Superintendents and Assistant Superintendents Jail etc.

4. On the other hand the learned Assistant Advocate General, Deputy Attorney General and counsel for the respondents controverted the arguments advanced by the learned counsel for the petitioners and contended that the petitioners have not filed departmental representation/appeal before filing of this writ petition, hence this writ petition is not maintainable and liable to be dismissed. The learned Deputy Attorney General of Pakistan and Assistant Advocate General Gilgit-Baltistan and counsel for the respondents further argued that this petition is barred by time as Service Rules of Prisons Department Gilgit-Baltistan were framed on 17th June, 2014 and this writ petition has been filed on 07-11-2016.

5. We have patiently heard the arguments advanced by the learned counsel for the parties and perused the record minutely with their able assistance.

6. Admittedly, the petitioners have sought up gradation of the posts of Deputy Superintendents and Assistant Superintendents of Prisons Department Gilgit-Baltistan and have also challenged service rules of employees of Prisons Department Gilgit-Baltistan which have been notified vide SRO 529(I)/2014 on 07-6-2014. A perusal of record would reveals that prior to filing of instant petition in this court the petitioners had filed a representation/departmental appeal for up gradation of posts of Deputy Superintendents and Assistant Superintendents Jail etc. of Prisons Department Gilgit-Baltistan on 6th February, 2016 to the Chief Secretary Gilgit-Baltistan, but the respondents did not redress the grievance of the petitioners, hence the petitioners have filed this writ petition in this court.

7. From perusal of record it transpires that posts of counterparts of the petitioners serving in the rest of the country have already been upgraded with effect from 01-01-2010 as evident from Order bearing No.F-1(SR-VI)-1/2010 dated 24th March, 2010 issued by Home Department Government of Sindh and office order bearing No.SO (Prison) 18-29/2009 dated 26th September 2009, issued by Home Department Government of Punjab, as such the present petitioners are also entitled that the posts of Deputy Superintendents and Assistant Superintendents and other junior officials of Prisons Department Gilgit-Baltistan may be upgraded as they are also facing the same problem of dearness and inflation as facing by their counterparts serving in other provinces of Pakistan especially when the Gilgit-Baltistan is one of the hardest place due to its peculiar weather climate and non availability of financial resources .

8. It is also pertinent to mention here that Home Department Government of Gilgit-Baltistan had also forwarded a summary for creation/ up-gradation of various posts including posts of Deputy Superintendents and Assistant Superintendents Prisons Department Gilgit-Baltistan vide letters/summary No SOH-33/2010 Jail affairs dated 8th September 2010 through Chief Secretary Gilgit-Baltistan to the then Chief Minister Gilgit-Baltistan which was duly approved by the then Chief Minister Gilgit-Baltistan vide his minutes/note dated 29/9/2010 as evident from the record. But it is astonishing to observe that despite approval of summary for up-gradation of various posts of Jail Department Gilgit-Baltistan by the competent authority/Chief Minister Gilgit-Baltistan the present respondents have yet not implemented the orders/approval of the competent authority which is an apparent mala fide on the part of respondents.

9. Moreover, we have also gone through approved recruitment rules of employees of Prisons Department Gilgit-Baltistan notified vide SRO 529(I)/2014 dated 17th June 2014 and found that the method of appointment of the posts of superintendents (BPS 18) and Deputy Superintendents Jail (BPS 16) in the aforesaid approved recruitment rules of Prisons Department Gilgit-Baltistan has been prescribed on the basis of 50% by initial recruitment and 50% by promotion which is contrary to the recruitment and promotion rules of Prisons Department framed in all the four provinces of Pakistan.

10. It would not be incongruous to mention here that the Inspector General Prisons Gilgit-Baltistan vide his letter dated 8th October 2015, has forwarded revised draft recruitment rules of Prisons Department Gilgit-Baltistan to the Secretary Home and Prisons Department Gilgit-Baltistan for approval of the competent authority, but unfortunately the respondents have not bothered to process the said revised draft rules for reasons best known to them. We have also gone through the draft recruitment rules of Prisons Department prepared by Inspector General Gilgit-Baltistan prisons and found the same are in conformity with recruitment rules of Prisons Departments of rest of the country, hence the respondents are directed to get approve the aforesaid revised draft/recommended recruitment rules of Prisons Department Gilgit-Baltistan drafted by the then I.G. Prisons Gilgit-Baltistan, without any further delay.

11. In view of above discussion, this writ petition is allowed. Consequently, the respondents are directed to upgrade posts of Prisons Department Gilgit-Baltistan on the analogy of Prisons Department Government of Punjab with immediate effect and draft revised recruitment rules of Prisons Department Gilgit-Baltistan forwarded to Home Department Gilgit-Baltistan by the then I.G Prisons vide his letter No.IG- (Prisons) - 1 (2) 43536/2015 dated 8th October 2015, be got approved from the competent authority and be notified with in shortest possible time. Needless to say that Chief Court Gilgit-Baltistan in its constitutional jurisdiction vested under Article 86(2) (Empowerment and Self Governance) Order, 2018 has ample jurisdiction to give the direction to the public functionaries to act strictly in accordance with law. The unwarranted and lethargic attitude of respondents has forced the petitioners to knock the door of this court, which we don't appreciate and hope that the respondents will be careful in future. ZC/232/GB Petition allowed.