2024 PLP (C (PLC(CS))

ALI BAIG, CJ.

The instant writ petition has been filed by the petitioners under Article 86(2) of the Government of Gilgit-Baltistan Order, 2018 read with enabling articles of Constitution of Islamic Republic of Pakistan, 1973 with the following prayers:- (a) The respondents may kindly be directed to promote the petitioners against the clear vacant/ available posts of Medical Technologist (BS-17) in Health Department Gilgit-Baltistan. (b) Any other relief this Hon'ble Court deems fit and proper to meet the ends of justice, equity and fair play."

2. The respondents have contested the instant writ petition by filing their parawise comments wherein they have raised certain legal as well as factual objections and have denied the claim/plea of the petitioners.

3. The learned counsel for the petitioners submitted that the petitioners were initially appointed on 19-03-1985 in the Health Department Gilgit-Baltistan and later on they were promoted to the post of Medical Technician in (BS-16) vide office order dated 12-07-2019. The learned counsel for the petitioners further submitted that the petitioners are rendering their services in the health Department with diligence, dedication and without any adverse remarks. The learned counsel for the petitioners further submitted that vide office letter dated 8th June, 2022 the respondent No.5 had submitted pending promotion cases of the petitioners to the next higher authority as per their seniority in respective cadre and as per recruitment rules. The learned counsel for the petitioners further submitted that the vide office letter dated 21st June, 2022 the respondents had initiated working papers for promotion of the petitioners as Medical Technologist (BS-17) and requested to include the promotion cases of the petitioners in the forthcoming DPC for consideration, but after lapse of almost 04 months the respondents are reluctant to promote the petitioners against the available posts of Medical technologist (BS-17) in health department G.B. The learned counsel for the petitioners further submitted that according to departmental recruitment rules the post of Medical Technologist (BS-17) is required to be filled 50% by way of promotion and 50% by way of direct recruitment. The learned counsel for the petitioners further submitted that 04 posts of Medical Technologist (BS-17) are lying vacant / available with the department for departmental promotion while 03 post are available for direct induction/ initial appointment. The learned counsel for the petitioners further submitted the attitude and conduct of the respondents towards the petitioners is totally discriminatory and also against the fundamental rights. The learned counsel for the petitioners further submitted that petitioners had filed departmental appeals/ representations before the respondents but the respondents have kept the same pending and no order has been passed in either way. The learned counsel for the petitioners lastly submitted that by accepting the instant writ petition, the respondents may be directed to promote the present petitioners against the clear vacant posts of Medical Technologist (BS-17) in health department G.B to meet the ends of justice.

4. On the other hand the learned D.A.G assisted by the learned L.A controverted the arguments advanced by the learned counsel for the petitioners by contending that the instant petition is legally not maintainable and is liable to be dismissed. The learned D.A.G and learned L.A further submitted that the petitioners have no locus standi to file the instant writ petition as the petitioners have not exhausted the departmental forum which is mandatory under law before filing a writ petition before this Court. The learned DAG and learned LA further submitted that the instant writ petition is clearly time barred, hence, not maintainable and liable to be dismissed. The learned DAG and learned LA further submitted that this Hon'ble Court has stopped recruitment in all Government Departments, hence, the instant writ petition is not maintainable and liable to be dismissed. The learned DAG and learned LA further submitted that the petitioners have no right to invoke the extra ordinary constitutional jurisdiction of this Hon'ble Court as no fundamental rights of the petitioners have been infringed by the respondents hence, the instant writ petition is liable to be dismissed. The learned D.A.G and LA lastly submitted that the instant writ petition is not maintainable, hence, liable to be dismissed in the interest of justice.

5. We have heard the learned counsel for the parties at length and also gone through the record of the case with their able assistance.

6. From perusal of record it transpires that the respondents in para - 4 of their parawise comments have admitted the plea/ claim of the petitioners "stating that para No. 4 of writ petition is not denied to the extent that the respondents had initiated the working papers for promotion of the petitioners vide letter No. Sec-H-1(13)/2021 dated 21st June, 2022 but Services, General Administration and Cabinet Department G.B returned the working papers of the petitioners vide letter No. SO (S) II-1(8)/2022 dated 5th July 2022 wherein it is clearly mentioned that in para No. II of judgment dated 26-04-2022 passed by this Court directives have been issued to the respondents Nos.1 to 3 regarding observance of 50% quota specified for initial appointment against the said posts, hence, the promotion case of the petitioners may be re-examined strictly in-accordance with the Court judgment." In this connection it is observed that although a Division Bench of this Court vide judgment dated 26-04-2022 passed in Writ Petition No. 414/2022 in concluding para of said judgment had directed that the respondents shall advertise 06 posts of Medical Technologist (BPS-17) and till filling of the above 06 posts through direct recruitment no case of promotion shall be initiated. In this connection we are of the firm view that the present petitioners were not impleaded neither petitioners nor respondents in aforesaid writ petition, therefore, aforesaid judgment of this Court is not binding upon the present petitioners. Even otherwise this Court vide order dated 25-09-2023 has varied / expunged the aforesaid order passed by previous bench on 26-04-2022 stating that "we in the larger interest of justice law and equity expunge the aforesaid words". Thus the previous judgment dated 26-04-2022 passed by this Court would not be hurdled in promotion of the present petitioners.

7. For what has been discussed above, we accept this writ petition and consequently the respondents are directed to promote the present petitioners against the clear vacant posts of Medical Technologist (BPS-17) in Health Department G.B within a shortest possible time. File. MQ/14/GB Petition allowed.