HAFIZ TARIQ NASIM, J.--- Facts leading to this writ petition are that the petitioner joined Punjab Highway Authority, Government of the Punjab of 22.1.1996 as Deputy. Director (Planning) BS-17 the said Authority was abolished in 1998, 1 Co-Officers of the defunct Authority were placed on the strength of surplus pool vide Notification dated 12.5.1998 and they were directed to perform their duties in different departments as the petitioner is working as Assistant Director (Technical) in Anti- Corruption Establishment sought options for permanent induction under newly framed Anti- Corruption Establishment's Rules, 2007 vide letter dated 10.11.2007, accordingly the petitioner also submitted willingness for permanent absorption on 19.12.2007 this option was recommended by the Director (technical) ACE. The petitioner also filed application with a request that his case be referred to Punjab Public Service Commission for selection/absorption against the post of Assistant Director (technical)/Deputy Director (technical) lying under the quota of initial recruitment as procedure laid down in Section 3(1) of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 but could not get any respond whereas the posts were advertised by the Punjab Public Service Commission on 9.3.2008. Further submits that the petitioner fulfils the prescribed qualification and experience of both the posts, which are advertised and he is entitled for the appointment against one of those. Adds that his request for permanent absorption in ACE was rejected by the Additional Chief Secretary/respondent No. 2 with a direction to compete with other candidates for his selection on merit which otherwise is a violative of Rule 3(1) of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 and instructions issued by the Government from time to time. Further submits that the petitioner's absorption case was earlier referred to Punjab Public Service Commission on 12.6.1998 and a copy was endorsed to the petitioner with a direction to contact the Punjab Public Service Commission as and when invited for interview which clearly establish the petitioner's right for absorption, a list of 84-surplus Officers were again forwarded to Punjab Public Service Commission (PPSC) for absorption including the petitioner's name at serial No. 9 but it was sent back to the Additional Chief Secretary. Government of the Punjab/respondent No. 2 on 19.1.2007 with a suggestion that the list of surplus Officers may first be sent to all Administrative Secretaries with a direction to assess their requirements keeping in view the qualification and experience of surplus Officers against the vacant posts in their respective departments and furnished their consent for absorption against specific posts and then at receipt of further instructions, PPSC shall determine their suitability; accordingly the list of surplus Officers were circulated by Additional Chief Secretary, Government of the Punjab to all the Administrative Secretaries to assess the suitability of absorption through PPSC against posts lying vacant in different departments but unfortunately right from the year 1998 despite a lapse of a decade, the petitioner is running from pillar to post for the redressal of his grievance with no fault of him rather, the impugned order dated 26.3.2008 passed by respondent No. 2 being a nullity in the eye of law is liable to be interfered with.
2. The learned Assistant Advocate General Punjab, Lahore submits that the petitioner's services were placed at the disposal of D.G. Anti- Corruption through Notification dated 17.9.2007 as he was at the strength of surplus pool of S&GAD Department, Government of. The Punjab, he was adjusted/posted as Assistant Director (Technical)
Gujranwala Region, against an existing vacancy with effect from 22.2.2007 and then on the petitioner's request he was transferred and posted as Assistant Director (technical) Headquarter ACE, Punjab on 24.11.2007 where the petitioner is still working; he submitted an application showing his willingness for permanent absorption in the Anti Corruption Establishment and also requested for his absorption against the post of Deputy Director (technical) BS-18 and to forward his case to the Additional Chief Secretary, Government of the Punjab but his request was regretted with a direction to the petitioner to apply for the post of Assistant Director (Technical) in ACE in response to the advertisement of the PPSC and compete with other candidates for his selection on merit and this was done due to the Punjab ACE Service Rules, 2007 wherein the method of recruitment against the post of Assistant Director (Technical)
BS-17 is provided as under:---
(i) "60% by posting of an officer of the rank of SDO (Civil) from any Engineering Department of Government of the Punjab.
(ii) 20% by promotion from amongst the Sub- Engineers (Civil) of ACE on seniority cum fitness basis with minimum 5 years service as Sub-Engineer in ACE.
(iii) 20% by initial recruitment through Punjab Public Service Commission. "
3. Submits that the petitioner has no lawful right in insisting for permanent absorption in ACE, further submits that it is the prerogative of the Government to either accept the petitioner's request for absorption or to decline.
4. Arguments heard; available record perused.
5. To resolve the present controversy referring Rule 3(1) of Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 shall be advantageous to be reproduced as under:--- "Appointment to posts shall be made by promotion, transfer or initial recruitment, as may be prescribed by the Government in relation to the posts in a grade from time to time: [Provided that where as a result of retrenchment in, or reorganization of a Government Department/ office or an Autonomous or Semi-Autonomous Organization set up by the Government, certain posts or cadres are abolished and Government decides, by a special order, to absorb persons rendered surplus in consequence thereof, such persons may be absorbed against such posts in such manner and on such terms and conditions as may be determined by the Government: Provided that absorption of such persons shall be made on the recommendations of the Punjab Public Service Commission in case of posts carrying BS-16 and above and in case of other posts on the recommendations of the Committee constituted by the Chief Minister or any officer authorized by him in that behalf:
6. The plain reading of this Rule bestows a condition on the departmental Authorities to refer the matter to PPSC for the determination of fitness of a surplus Officer of grade-16 and above and in the present case the Government of the Punjab following this Rule referring the matter to the Punjab Public Service Commission in the year 1998 but reasons best known to the Authorities that a decade have been passed, the petitioner and his similarly placed colleagues could not get the benefit of the Rule ibid, which otherwise an alarming situation reflecting maladministration and inaction of the departmental Authorities leaving the petitioner and similarly placed surplus Officers in the air who otherwise are persuading for the redressal of their grievances from pillar to post.
7. It is well-established law laid down by the Hon'ble Supreme Court of Pakistan that if "something is required to be done in a particular manner, if law requires to do something in a particular manner, it must be done in that manner and not otherwise."
8. It is further held by the Hon'ble Supreme Court of Pakistan that due to the lapses/inaction of the departmental Authorities the individuals/Government officials should not become sufferer rather the responsible must be taken to task.
9. In. The present case the petitioner who was admittedly appointed as Deputy Director (planning)
BS-17 in the year 1996 on regular basis under the control of Government of the Punjab in Punjab Highway Authority was declared surplus on the abolition of Punjab Highway Authority on 17.4.1998, his case for absorption under Rule 3(1) of Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 alongwith two other colleagues namely Farrukh Sharif and Arif Saeed were sent to PPSC vide letter dated 12.6.1998, is still waiting the outcome of result of letter dated 12.6.1998 meaning thereby for the last more than 10 years the petitioner is waiting for the redressal of his grievance and then he had no other option except to invoke the jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 I am afraid that this type of conduct of the departmental Authorities sr. Sacks arbitrariness, mal-administration, slackness resulting into inhuman attitude and for that this Court has ample power to interfere and issue a writ of mandamus particularly keeping in view the law laid down by the Hon'ble Supreme Court of Pakistan reported as Secretary, Revenue Division and others v. Muhammad Saleem (2008 SCM R 948).
10. It is observed that the petitioner cannot insist for his absorption against, a particular post but at the same time the petitioner has lawful right to be assessed/determined for his permanent absorption against a vacant post of his own status through the process of Punjab Public Service Commission as per requirement of Rule 3(1) ibid which practically is not followed so far despite a lapse of a decade.
11. In the attending circumstances respondents Nos. 1 to 3 are directed to send a requisition to the Punjab Public Service Commission following the provisions of Rule 3(1) of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 against any existing vacancy including advertised posts of BS-17 and the Punjab Public Service Commission be directed to finalize the petitioner's case fairly, justly without being influenced from any extraneous matter within two months from today; result whereof be conveyed to the Deputy Registrar (Judi.) of this Court.
The writ petition is allowed in the above terms. .