2010 PLP 678 (SCMR)

CH. IJAZ AHMED, J.

We intend to decide the captioned petitions by one consolidated judgment having similar facts and law.

2. The necessary facts out of which the present petitions arise are that petitioners were appointed in various cadres in Custom and Excise Department on contract for a period of 12 months during the year, 2003. The period of their contract appointment was extended from time to time till their services were terminated after lapse of contract awarded by the respondents in favour of the petitioners. The petitioners being aggrieved filed Constitution Petitions in the High Court of Balochistan, Quetta and Sindh High Court, Karachi. The constitution petitions were disposed of with the direction that the contract employees may also be considered in the process of selection, keeping in view their experience and training which they have obtained as an additional factor. Petitioners being aggrieved filed afore-said petitions challenging the judgments of the Balochistan High Court dated 13-4-2009 and dated 26-5-2009 of the Sindh High Court.

3. Learned counsel for the petitioners submit that petitioners were appointed on contract basis initially for 12 months and contract was extended off and on, During the period of service petitioners had performed their duties diligently without any complaint from the respondents and secured experience in the relevant field. The competent authority issued the policy dated 29-8-2008 under the heading "regularization of BS-1 to BS-15" but the respondents had not considered the cases of the petitioners in the said policy and discontinued the contract of the petitioners after lapse of contract merely on the ground that the cases of the petitioners could not fall within the four corner of the said policy. The action of the respondents is not in consonance with the Article 25 of the Constitution as the petitioner had specifically mentioned names of their colleagues whose services were regularized by the respondents without any justification. In para 5 of the Constitution Petition No.137 of 2008 filed by the petitioner in the High Court of Balochistan, Quetta C.P. No.63-Q of 2009 is reproduced hereunder: "That the services of one of the colleagues (Abdul Aziz Umrani, appraiser), who was appointed on ad hoc basis along with the petitioners, were regularized, copy of the memorandum is attached herewith as Annexure "D". The petitioners were assured that their services will also be regularized in the due course and, thus, the period of ad hoc appointment was extended from time to time." This fact was not denied by the respondents in their parawise comments which is reproduced herein:

"Mr. Abdul Aziz Umrani, was appointed as Appraiser on ad hoc basis along with the petitioners under the directive of the Prime Minister. Subsequently, his services were regularized in relaxation of all relevant procedure and regulations relating to the initial appointment in pursuance of directive of the Prime Minister." Similarly other petitioners had mentioned the name of Abdul Aziz Umrani and this factual aspect was not denied in report and parawise comments filed by respondents in the High Court of Sindh. They further urge that learned High Court erred in law .to dismiss the constitution petitions considering the petitioners as civil servants whereas the petitioners were appointed on contract basis. They further submit that according to Preamble, Articles 2 and 2-A of the Constitution our country is an Islamic Welfare State, therefore it is under obligation to establish a society which is free from exploitation in terms of Article 3 of the Constitution wherein social and economic justice is guaranteed to its citizen and other public functionaries is duty bound to act in accordance with law in terms of Article 4 of the Constitution and obey the command of the Constitution in terms of Article 5(2) of the Constitution. They sum up their arguments that since Pakistan has been founded on the basis of religion of Islamic efforts should be made to bring out an egalitarian society based on Islamic concept and social justice, therefore, State functionaries are expected to act fairly and justly in such a manner which should not give to any one any cause of complaint on account of discriminatory treatment or otherwise.

4. The learned Deputy Attorney-General has supported the impugned judgment.

5. In view of what has been discussed above, the contentions raised by learned counsel for the petitioners require consideration, therefore, we grant leave to consider, inter alia, the above questions. The appeals shall be heard on the present record. However the parties are at liberty to file additional documents, if they so advised and if any advertisement is published for appointment, petitioners as normal candidates, shall be allowed to participate. S.A.K./Z-3/SC Leave granted.