2019 PLP (C (PLC(CS))

ALI BAIG, J.

Through the instant Writ Petition filed under Article 71(2) of Gilgit-Baltistan (Empowerment and Self Governance) Order, 2009, read with enabling Articles of the Constitution of Islamic Republic of Pakistan, 1973, the petitioners seek the following Relief/remedy:--

2. It is therefore, very humbly prayed that by accepting this Writ Petition, the respondents may be directed to include the names of all petitioners/dying cadre employees of Water and Power Department District Ghizer for determination of seniority list to meet the ends of justice.

3. The respondents contested the instant Writ Petition by furnishing parawise Comments in this Court.

4. The learned Counsel for the petitioners contended that respondent No.6 had constituted a committee consisting of seven members for preparation of seniority list of the dying cadre employees and accordingly the said committee had recommended/prepared seniority list of dying cadre staff but respondents have not included the petitioners in DRC/DPC. This act of the respondents 1 to 7 is illegal against the rules and fundamental rights of the petitioners. The learned counsel for the petitioners further argued that the respondents Nos. 1 to 7 have not included the petitioners in the seniority list of employees of Water and Power Department Ghizer, and have promoted the respondents Nos.8 to 28 without any legal justification.

5. On the other hand the learned Assistant Accountant General and legal Adviser of respondents Nos. 1 to 7 controverted the arguments advanced by the learned Counsel for the petitioners by contending that the respondents Nos. 8 to 28 have been promoted purely on merit in accordance with their seniority/cum fitness.

6. We have heard the learned counsel for the parties and perused the record.

7. From perusal of record it transpires that the Deputy Secretary Water and Power Department Gilgit-Baltistan vide Letter No. SWP-5 (104)/2/2016/222 dated 15th August 2017 addressed to all three Chief Engineers Water and Power Gilgit-Baltistan has directed that, it has been decided that the concerned Superintending Engineer will constitute committee to finalize the seniority issue of dying cadre employees (BPS 2 to 9) at District level. The committee will determine inter-se seniority of employees of dying cadre and place their names in the appropriate position of seniority list along with employees of regular cadre as per recommendations of departmental regularization committee. The Task may be completed within 10 days period and compliance report thereof be submitted to the office of the Secretary Water and Power Gilgit-Baltistan accordingly.

8. But it is astonishing to observe that despite lapse of more than one year and six months of the issuance of afore said letter, the Chief Engineers Water and Power Gilgit-Baltistan have failed to submit compliance report to the Secretary Water and Power Department Gilgit-Baltistan. The petitioners are badly suffering due to this lethargic and irresponsible attitude of respondents Nos. 2 to 6 and the respondent No.3/ Deputy Secretary Water and Power has also failed to pursue the case and has not bothered to issue a single reminder to the respondents Nos.4 to

6. It was prime duty of respondent to prepare seniority list of their subordinate staff but the respondents Nos. 2 to 7 have badly failed to discharge their duty and petitioners who are low paid Government employees have approached this Court for re-dressal of the grievances, whereas the issue should have been resolved by the respondents Nos. 2 to 6.

9. It is also evident from the record that the services of the petitioners were regularized in July, 2013 as such their seniority list is required to be maintained/prepared from the date when the petitioners were brought on regular footing with effect from the month of July 2013.

10. For what has been discussed above, this petition is allowed. Consequently the respondents Nos. 2 to 7 are directed to include the names of petitioners at the bottom of the seniority list of regular staff/employees of Water and Power Department Ghizer forthwith and a fresh seniority list of employees of Water and Power Department Ghizer be circulated among the petitioners and other regular staff of Water and Power Department Gilgit-Baltistan for their information. This Writ Petition is disposed of accordingly. File. ZC/27/GB Petition accepted.