1991 PLP 470 (SCMR)

S. USMAN ALI SHAH, J.‑‑‑These are two petitions for leave to appeal from the judgment of the Peshawar High Court, Peshawar dated 3‑7‑1989, whereby W.P. No.57/88 of Abdur Rashid respondent and W.P. No.226/89 of Zakir Hussain and other respondents in both the petitions were accepted. The respondents in both these petitions joined service in Integrated Rural Development Programme (I.R.D.P.) on their selection by Provincial Selection Committee, headed by Chairman, Public Service Commission, N: W.F.P. In 1984 on winding up the I.R.D.P. the respondents were transferred and absorbed in the Local Council Service (PUGF) vide notification No.SO (LG‑1)4‑107/81 dated 13‑6‑1984. In this notification the terms and conditions of the service of the respondents in PUGF (LCS) and seniority position on the combined seniority list was to be notified later. It was also notified that the services of only those were likely to be treated as regular w.e.f. the date of their appointment who were initially selected either by the N.‑W.F.P. Public Service Commission. or a properly constituted Selection Committee/Board. While the terms and conditions of service of the respondents were yet to be settled Notification No.SO (LG‑I1)3‑1/86, K.C. dated 15‑11‑1987 was issued which regularized the services of the respondents w.e.f. 2‑5‑1987. The respondents challenged this notification in the writ petitions mentioned above. The learned Judges of the Division Bench of the High Court who heard both the writ petitions, vide their single judgment dated 3‑7‑1989 accepted the writ petitions in the following manner:‑‑ For the reasons stated above we would accept these writ petitions to the extent that the terms and conditions of the services of the petitioners and their inter se seniority in the combined seniority list be notified at the earliest in accordance with the notification dated 13‑6‑1984. The impugned Notification would neither be a bar in regularization of the petitioners' service from the date of their appointment nor would it affect the terms and conditions of service of the petitioners to be notified." We have heard the learned counsel for the parties and have gone through the relevant record and findings of the High Court. The record shows that the respondents have appeared before the Selection Committee properly constituted by the Government of N.‑W.F.P. chaired by the Chairman Public Service Commission, N: W.F.P. and Secretary, Local Government, Cooperative and S.W. Department, Secretary Public Works Department, Addl. Secretary Agriculture and Addl. Secretary Integrated Rural Development Programme of Government of N.‑W.F.P. as its members. The appointment of the respondents was made by the Selection Committee on ad‑hoc basis. On winding up of I.R.D.P. they were transferred and absorbed against the post of PUGF‑16 from 1‑7‑1984 by the order of the Government of N: W.F.P. While appointing them by the Selection Committee, they were given the assurance that their services shall be regularized w.e.f. their initial appointment. This being the position, we are satisfied that the finding arrived at by the High Court in both the writ petitions is a speaking one and needs no interference by this Court. Resultantly, these petitions having no merit are, accordingly, dismissed. AA./S‑544/S Petitions dismissed.