2017 PLP (C (PLC(CS)N)

MUHAMMAD ALAM, J.

This is a writ petition seeking the following direction:- "It is therefore, humbly prayed that That Respondents may kindly be directed to appoint the petitioner on the Basis Recommendation of DRC as well as merit list to meet the ends for justice."

2. Petitioner and one Syeda Kishwar Batool were candidates for the post of EST (BPS-14). Both the said candidates qualified the required written test and interview etc. but were placed in waiting list. Later on, when the suit post and one other post became vacant, respondents convened a meeting of DRC on 09-05-2012 and recommended petitioner and the said Syeda Kishwar Batool for their appointment against vacant posts described therein. Respondents passed appointment order of Syeda Kishwar Batool but did not pass similar order of petitioner in accordance with the said recommendations, therefore, petitioner had to file this petition.

3. We have heard learned counsel for parties. The case in hand has its own very peculiar circumstances and very clearly shows that respondents displayed very bold attitude and played with the petitioner as well as with the orders/directions of superior judiciary of Gilgit-Btaltistan. For ready reference, we are just setting out the detailed circumstances in which respondents did so. From plain perusal of parawise reply, it is evident that respondents have frankly admitted almost all grounds of the petition. Petition is comprised of 9 (nine) grounds in all. Respondents have admitted even para No.8 of the petition which contains competency of this petition. Respondents have admitted paras Nos.1, 2, 3, 5 and 6 of the petition. Said grounds of the petition clearly contain main grounds of the petition. Through the said grounds, petitioner has very clearly averred that respondents remained mum, clearly violating the recommendations of the DRC.

4. It is not disputed that the Hon'ble Supreme Appellate Court, the apex court of Gilgit-Baltistan, has upheld order of this Court dated 18-03-2015 in W.P. No.97/2012. The said writ Petition has been filed by Syeda Kishwar Batool. Through judgment dated 18-03-2015 of this Court, on W.P. No.97/2012, a DB of this Court has passed the following direction:- "In the light of what has been stated above we have left no option but to accept this writ petition with direction to appoint the petitioner in the light of recommendation of DRC dated 9-5-2012. File" Instead of forcing the petitioner to approach this Court, respondents must have acted upon said decision of this Court and the order of Hon'ble Supreme Appellate Court dated 11-08-2016 in Civil Appeal No.55/2016 in CPLA No.37/2016. Through both the said orders, courts have issued directions for appointment of petitioner as well as Syeda Kishwar Batool, as petitioner is although not party to the W.P. No.97/2012, but directions of the Court in the said petition are same, in the sense that respondents were directed to pass orders in the light of DRC recommendations dated 09-05-2012, and through said recommendations, a DRC of respondents recommended petitioner and Syeda Kishwar Batool for appointment against vacant post, described therein. Very astonishingly, respondents acceded to said recommendations to the extent of Syeda Kishwar Batool, but, for reasons better known to them, remained mum regarding petitioner. I request the Hon'ble Chief Judge for taking action against the persons among the respondents for remaining mum regarding the petitioner.

5. In view of above circumstances, we allow this petition throughout and pass the following direction:- "Respondents are directed to issue office order of appointment of petitioner as EST (BPS-14) in the light of DRC report dated 09-05-2012, with effect from the date of appointment order of Syeda Kishwar Batool, in the light of and in strict adherence to the directions passed by this Court in W.P. No.97/2012. We further direct respondents for correcting appointment order of Syeda Kishwar Batool, if the same has not been issued with effect from 09-05-2012". Petition accepted accordingly. This file be consigned to record. ZC/33/GB Petition allowed.