2020 PLP (C (PLC(CS)N)

MALIK HAQ NAWAZ, J.

The instant writ petition has been filed by the petitioners praying for their regularization in the Police Department.

2. The brief facts of the instant writ petition are that the respondents advertized 10 posts of FC Drivers (BPS-5) in the newspapers in the month of December, 2014 and the tests/interviews were conducted on 07.01.2015. The petitioners were recommended for appointment and accordingly, they were appointed on 06.01.2015. The petitioners rendered their services till 31.12.2015 but after 31.12.2015 their services were discontinued verbally. The petitioners after their termination submitted departmental appeal and a resolution was moved in the Gilgit-Baltistan Legislative Assembly to resolve the issue. A special committee was constituted by the Chief Minister to resolve the issue.

3. The special committee in a meeting held on 31.10.2016 recommended that the services of the petitioners be regularized but respondent No. 3 paid no heed to the recommendations of the special committee. The petitioners' last submission is that there was no justification to refuse the prayer of the petitioner by respondent No.3. The learned counsel for the petitioners submitted that an office Order 657-60/2015 dated 03.03.2015 has been issued, wherein 23 counterparts of the petitioners were regularized. The refusal of the respondents to regularize the services of the petitioners is a clear discrimination. The learned counsel relied on PLD 2011 SC 22, 2015 SCMR 1257 in support of his contentions.

4. The learned Assistant Advocate General submitted that contractual service does not confer any right of regularization upon the petitioners. There are no vacant posts available in the police department, to adjust the petitioners at random as submitted by the respondents in their parawise comments.

5. We heard the learned counsel of both the parties and record of the case was also perused with their able assistance.

6. The petitioners were inducted in KKSF purely on temporary basis vide office order No. SP-KKSF-215-19-2015 dated 16.01.2015 which is reproduced as under:- OFFICE OF THE DIG POLICE KARAKURAM SECURITY FORCE, GB, GILGIT. NO. SP.KKSF-215-19 DATED THE 16TH JANUARY, 2015 OFFICE ORDER. As recommended by the selection committee, in the light of Contract Agreement between General Manager Highway Authority, Abbotabad and Gilgit-Baltistan Police GB dated 29th October, 2014, following personnel selected on merit after the tests/interviews are hereby appointed in KKSF BPS-5 on purely contract basis, subject to verification of documents, medical fitness and fulfillment of all other codal formalities:- S.# Name Father's Name Domicile Rank

1. Muhammad Yaqoob Akbar Shah Astore FC Driver (BS-5)

2. Mushtaq Hussain Muhammad Musa Gilgit -do-

3. Salahuddin Ashraf Khan Ghizer -do-

4. Jaffar Hussain Qadir Shah HNR -do-

5. Shabbir Hussain Jawad Ali Astore -do-

6. Akbar Hussain Ghulam Hussain Gilgit -do-

7. Haider Shah Shahsher Khan Ghizer -do-

8. Asif Hussain Rehman Skardu -do-

9. Wahid Ali Ghulam Muhammad HNR -do-

10. Tahir Hussain Muhammad Anwar Gilgit -do- On expiry of contract period or completion of the project, whichever is all the above named personnel shall be terminated from service without assigning any notice. Sd/xxxxx SUPDT; OF POLICE KARAKURAM SECURITY FORCE, GB, GILGIT. Distribution.

1. The General Manager, NHA, Gilgit.

2. DHQ Hosipital Gilgit, with the request to arrange medical examination, please.

3. City Hospital, Gilgit. With the request to arrange medical examination, please.

4. Acctt/Cashier KKSF.

5. The IC Kot/Store KKSF.

7. The above appointment order clearly depicts that the petitioners were appointed purely on contract basis and their services were terminated after completion of contract period, though no termination order has been placed on file. The regularization of the services of their counterparts and refusal to the petitioners does not call any interference as the respondents have shown their inability to adjust the petitioners being not availability of any vacancies in the police department. This Court while hearing a writ petition may pass appropriate order if fundamental rights of an individual/incumbent have been infringed. The regularization of 437 persons in KKSF does not confer any right on the petitioners. The services of the petitioners as per stance of the respondents could not be regularized as there are no vacant posts in the police department. We cannot issue directives to the respondents to adjust the petitioners after their categorical denial that there is no vacancy available in the department.

8. In view of above discussions, the writ petition is meritless and disposed of accordingly. ZC/16/GB Petition dismissed.