' ABDUL SATTAR KHAN (CHAIRMAN).---This appeal under section 4 of the N.-W.F.P. Service Tribunals Act, 1974 has been filed by Zia-ur-Rehman appellant against the change in the term of employment from temporary to that of contractual, with the prayer that on acceptance of the appeal, the impugned change may be set aside by directing the respondents to restore the temporary employment of the appellant with all progressive pay etc. Of the post.
2. It is pertinent to mention that there are five (5) other connected appeals bearing No,583,584,585,586 & 587 of 2003 filed by M/s Abdul Wahid, Farooq Shah, Abdur Rauf, Shahid Ali and Mehmood Alam appellants respectively. Since common question of law and facts are involved in all the appeals, therefore, our this single judgment shall dispose of the instant appeal as well as the connected appeals, referred to above.
3. The facts, in brief, are that some posts of T.T./Qari etc. Were advertised in Daily Mashriq by the Director of Education (FATA) on 24-2-2001 vide Annexure-A. The appellant applied for the post, participated in the test and interview and was finally selected as T.T/Qari by the Departmental Selection Committee on temporary basis on 10-9-2001 (Annexure-B), since then he has been working on temporary basis and the G.P. Fund etc. Has regularly been deposited in the Govt.
Treasury from the salaries of the appellant. When the appellant asked for his annual increments in January, 2003, the concerned office told him verbally that his temporary employment has been changed into contractual without any intimation to him. The appellant, after having knowledge, submitted his departmental appeal and waited for 90 days, but no reply has been received so far (Annexure-C), Hence this appeal.
4. It has been mentioned in the grounds of appeal that the change in-question is against law, facts, natural justice and material on record, that all the changes have been brought at the back of the appellant and no prior intimation/notice was given to him and as such he was condemned unheard; that valuable rights have thus accrued to the appellant; that the posts were duly advertised on the basis of which appointments were made while the policy was promulgated in July, 2001 and as such no retrospective effect can be given to the policy as per rules; that the word "contract" has neither been mentioned in the advertisement nor in the appointment order and ,that the appellant has regularly been deposited G.P. Fund into Govt. Treasury from his salaries which is a sign of temporary employment with graded pay.
5. Respondents in their written reply have refuted the claim of the appellant on the ground that Contract Policy 2002 was duly complied with in the light of Finance Department Govt. Of N.-W.F.P.
Letter dated 26-10-2002, which was also notified to all concerned vide Endst. Letter dated 25-6- 2003. In rebuttal, no replication was filed by the appellants.
6. Arguments heard and record perused.
7. From perusal of the record it is evident that pursuant to the advertisement for filling various posts including the posts of T.Ts/Qaris in the Directorate of Education (FATA) appearing in Daily Mashriq Peshawar on 24-2-2001, appellants namely Zia-ur-Rehman, Abdul Wahid, Farooq Shah, Abdur Rauf, Shahid Ali and Mehmood Alam applied for the posts of T.T. They participated in the test and interview and were finally selected as T.Ts by the Department Selection Committee on temporary basis vide order dated 10-9-2001 in BPS-7 against the regular posts. They joined the department and started performing their duties. It was in January, 2003 when the appellants asked for annual increments, they were verbally told that their temporary appointment has been converted into one on contract basis in the light of the notification of the Finance Department and that they are not entitled to the annual increments. Feeling aggrieved, they filed their departmental appeals which elicited no response within the statutory period of 90 days, hence these appeals.
8. The gravamen of the appellants' claim is that they were recruited against regular posts on temporary basis prior to the implementation of contract policy, therefore, the contract policy adopted by the Government of N.-W.F.P. Does not apply to the present appellants and that no retrospective effect can be given to it. As such the action taken against the appellants is mala fide.
Reliance was placed on the judgments passed in W.P. No,170 of 2003, titled "Noor Sayed and others v. Govt. And others and W.P. No,239 of 2002, titled "Rukhsar Ali others. v. Govt. Of N.-W.F.P. And others by the Peshawar High Court, Peshawar, on 1-4-2004 and 3-7-2003, respectively.
9. In reply the learned AGP argued that the appellants are the employees of the Government of N.- W.F.P., therefore, they will be governed by the Contract Policy of the Government and all such appointments made w,e,f, 1-7-2001 are on contract basis and rightly too.
10. The Tribunal observes that the appellants had a valid claim. They had been appointed against the regular posts on temporary basis, therefore, valuable rights have accrued to them. The Contract Policy of the Government of N-W.F.P. Which was promulgated on 26-10-2002, will not affect their appointments as the appellants got their appointments on 10-9-2001. The respondent- Department is not competent to change the employment condition of the appellants into one on contract basis from regular one. According, a case for indulgence of the Tribunal has been made out by the appellants and their appeals are hereby accepted as prayed for, with no order as to costs. File be consigned to the record. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.