2026 PLP (C (PLC(CS))

ABID HUSSAIN CHATTHA, J.

This constitutional Petition has been filed by the Petitioners (ten in numbers) against the functionaries of the Livestock and Dairy Development Department (the "Department") praying that the impugned Order dated 20.11.2024 passed by Respondent No. 4 / Deputy Commissioner, Khushab ("DC, Khushab") be set aside being unlawful and in consequence thereof, the services of the Petitioners be restored and regularized from the date of their initial appointments with all back benefits.

2. It transpires from record that the Petitioners applied for the posts of Class-IV employees advertised by the Department vide advertisement dated 06.05.2010 and were appointed vide appointment letters dated 11.11.2010 on contract basis for a period of three years extendable subject to satisfactory performance, whereafter, joining letters were issued on 25.11.2010. However, validity of the appointments was questioned by the District Accounts Officer, Khushab ("DAO, Khushab") vide letter dated 12.12.2011 with respect to processing of payment of salaries of the Petitioners. While process of verification of the recruitment process was ongoing, the then District Livestock Officer, namely, Dr. Syed Muhammad Rehan Dilshad, who recruited eleven officials including the Petitioners, managed withdrawal of salaries of two Naib Qasids and three Sanitary Workers from dying cadre of defunct Zila Council and took the record of recruitment with him upon his transfer. In the meanwhile, he also wrote letter dated 16.12.2011 verifying the posts of the Petitioners. Resultantly, the Petitioners were paid their salaries. After expiry of the contract period, the then District Livestock Officer requested the DAO, Khushab to stop the pay of the officials vide letter dated 12.11.2013. The contract of the Petitioners was extended for one year due to pending inquiry which was concluded against them and the recruitment process was declared unlawful, whereafter, the contract appointments were not extended and as such, the services of the Petitioners were dispensed with. The officials were paid salaries for their tenure even the posts were not available and subsequently, a regular inquiry was initiated against the said Dr. Syed Muhammad Rehan Dilshad who was found guilty and was awarded major penalty of dismissal from service along with recovery of state loss amounting to Rs. 4,433,408/-. However, Chief Secretary, Punjab as Appellate Authority converted the said punishment into removal from service vide Order dated 07.08.2015. Later, vide Order dated 10.07.2019, Punjab Service Tribunal set aside the said Order.

3. By way of background, it is pertinent to mention that the Petitioners filed W. P. No. 31614 / 2013 seeking their regularization which was disposed of vide Order dated 30.06.2014 with a direction to Executive District Officer (Agriculture), Khushab ("EDO (Agriculture)") to decide their representation in accordance with law who vide Order dated 05.08.2014 observed that the Petitioners were appointed after following due process of law and it is the responsibility of the concerned District Livestock Officer, Khushab ("DLO, Khushab") to regularize the contract employees, manage the posts and release the salaries of the said employees in the best public interest. The Petitioners filed another W.P. No.4350 / 2014 seeking their regularization which was disposed of vide Order dated 29.10.2024 with a direction to the concerned Respondent to decide the representation of the Petitioners in accordant with law who again opined that the Petitioners were appointed after following due process of law and there is no fault of the Petitioners, therefore, earlier Order dated 05.08.2014 is reiterated and the DLO, Khushab was directed to implement the same without fail. Inaction on the part of the concerned Respondent again permitted the Petitioners to file W.P. No. 1032 / 2015 which was disposed of on 16.01.2015 directing the DLO, Khushab to implement the Orders dated 20.12.2014 and 05.08.2014 within a period of fifteen days from the date of the said Order. Criminal Original No. 2691-W / 2014 was filed by the Petitioners which was disposed of vide Order dated 20.01.2015 by directing the DCO, Khushab to look into the entire matter after going through the Order of this Court as well as the Order of the EDO (Agriculture) and pass a speaking Order after hearing the Petitioners within a stipulated timeframe. In pursuance thereof, the DCO, Khushab passed a speaking Order dated 24.10.2016 by holding that the Secretary of the Department, vide Notification dated 02.02.2015, has dismissed the then DLO, Khushab, Dr. Syed Muhammad Rehan Dilshad on the charges mentioned above and the recruitment of the Petitioners has been declared illegal. Therefore, when Head of the Department has declared the initial recruitment of the Petitioners as illegal, the representation of the Petitioners regarding regularization of contract appointment is not maintainable and is dismissed, accordingly. The Petitioners filed W. P. No. 52096 / 2019 which was dismissed on 20.10.2020 by observing that DCO, Khushab has passed the final Order after rejecting the representation of the Petitioners qua their regularization and as such, the Petitioners cannot be permitted to reopen an issue which has been determined by the Competent Authority on the direction of this Court. The Petitioners filed I.C.A. No. 59588 / 2020 against the Order dated 20.10.2020 passed in W. P. No. 52096 / 2019 which was dismissed in limine vide Order dated 18.11.2020. Learned Division Bench of this Court conclusively opined that the appointments of the Petitioners were in violation of the Contract Policy, 2004 (the "Policy") and have been aptly found unlawful. The Petitioners were appointed on contract basis and their contract was not extended after its expiry. The Petitioners as contract employee cannot maintain a Writ Petition in view of law laid down in cases titled, "Ministry of IPC through Secretary and others v. Arbab Altaf Hussain and others" (2014 SCMR 1573) and "Federation of Pakistan through Secretary Law, Justice and Parliamentary Affairs v. Muhammad Azam Chattha" (2013 SCMR 120). The petitioners filed C.P. No. 670 / 2021 which was dismissed as not pressed, vide Order dated 24.05.2023, by the Supreme Court of Pakistan in order to avail the remedy available under the law.

4. Thereafter, the Petitioners again filed a representation before DCO, Khushab requesting for reinstatement in pursuance of Order dated 24.05.2023 by the Apex Court and sought setting aside the earlier Order of rejection. The Petitioner again filed W. P. No. 28344 / 2024 seeking a direction to DCO, Khushab to decide their representation which was again dismissed with the observation that if at all any such representations are pending, they may be decided on their own merits. The Petitioners then assailed the said Order in I.C.A. No. 34702 / 2024 which was disposed of vide Order dated 03.06.2024 by modifying the Order of Single Judge in Chamber by observing that if such a representation is still pending, the same shall be decided strictly in accordance with law. Acting upon the said direction, the impugned Order dated 20.11.2024 was passed.

5. It follows from the above that the Petitioners were recruited on contract basis and after completion of their contract, the same was extended for one year in order to conclude inquiry against recruitment. The same was decided against the Petitioners and the initial process of appointment of the Petitioners was declared invalid and unlawful. The Petitioners were paid salaries for the period they rendered services despite the fact that initial recruitment was declared unlawful. Thereafter, their contract appointments were not extended. It is trite law that there is no vested right to seek extension in service. Further, when the contract appointments were not extended, there was no question for regularization of services of the Petitioners. The Petitioners agitated the matter by frequently resorting to this Court as is evident from the facts stated above. However, W. P. No. 52096 / 2019 was dismissed followed by dismissal of I.C.A. No. 59588 / 2020, whereafter, the Petitioners withdrew their Appeal from the Supreme Court of Pakistan in order to avail appropriate remedy. Needless to state that no alternate remedy was available by filing a fresh representation before DC, Khushab for reopening the matter which had attained finality after withdrawal of their Appeal from the Supreme Court of Pakistan. Hence, the Petitioners had no lawful right to reopen a closed and past transaction. Hence, for the reasons stated as aforesaid, the fresh representation filed before DC, Khushab on which the impugned Order was passed was unlawfully filed and the same was not maintainable.

6. In view of the above, this constitutional Petition, being devoid of any merit, is dismissed. UN/M-121/L Petition dismissed.