' MAZHAR ALAM KHAN MIANKHEL, J.---Through this single judgment, we intend to dispose of Writ Petition No,2087 of 2009, COC No,100 of 2009 in Writ Petition No,324 of 2008, C.O.C. No,102 of 2009 in Writ Petition No,736 of 2008 and C.O.C. No,108 of 2009 in Writ Petition No,394 of 2008 as common questions of law and facts are involved.
2. The petitioners in the contempt of court petitions, referred to above, are all employees of a Project known as Community Schools had filed writ petitions which had been disposed of by a Division Bench of this Court on 28-5-2009, main judgment placed in the file of Writ Petition No,324 of 2008, relevant paras 6 to 8 whereof are reproduced as under:-- "(6) Learned Standing Counsel for Political Authorities accompanied by concerned officials of the education department made a statement at the bar that the petitioners have also applied for the PTC posts in FATA on regular basis against the advertisement mentioned above and the Selection Committee shall give five marks to each of the petitioners for their service rendered as PTC and they shall be given preference but subject to merit. If the available seats on regular basis are filled through the existing PTC Project teachers, fresh candidates will not be recommended for appointment and fresh candidates would only be recommended by the Selection Committee if the existing PTC teachers of the project in FATA (petitioners) who have applied for advertised posts of PTC in FATA on regular basis found otherwise not suitable on merit, they shall continue employees of the existing project as per terms of their appointment orders.
(7) In view of the statement made at the bar by the official representing the Education Department FATA Secretariat and their Standing counsel, the grievances/apprehensions of the petitioners have been redressed.
(8) In view of the above the respondents are directed to comply with the commitment made today at the bar and the Selection Committee shall keep in mind the directives issued by the Directorate of Education (FATA) in the letters noted above. With these observations, this writ petition along with connected three writ petitions are disposed of along with C.Ms.."
3. Writ Petition No,2087 of 2009 titled "Gul Muneer and 7 others v. Director of Education, FATA and others" pertaining to Bajaur Agency was filed subsequently on 18-8-2009 mainly basing their claim on the judgment dated 28-5-2009 referred to and relevant portion reproduced above.
4. Since the case of the petitioners in Writ Petition No,2087 of 2009 is at par with that of the petitioners already decided on 28-5-2009 and said judgment is not restricted to the petitioners of the said writ petitions but also applicable to all similarly placed community schools in various agencies of FATAs. Therefore, these petitioners have to be given the same treatment and thus no need to issue a fresh writ.
5. With these observations Writ Petition No,2087 of 2009 is disposed of.
6. In contempt petitions, petitioners' grievance is that the judgment IA of this Court is not being implemented in its letter and spirit.
7. As against that, respondents denied the allegation by claiming to have given effect to the said judgment and thus no violation of the same.
8. Arguments heard. Record perused.
9. Per terms of the judgment dated 28-5-2009, petitioners and others on the same pedestal had to be given 5 marks for their services rendered as PTC and given preference but subject to merit.
Further it had been directed that the selection committee shall keep in mind the directions issued by the Directorate of Education (FATA) in its letters and notice taken of in the said judgment.
10. During the course of hearing, Mr. Fazal Manan, Director Education (FATA) duly assisted by respective Agency Education Officers was present and stated that the merit of the petitioners and all others similarly placed community school teachers who had competed for regular posts was prepared in strict compliance of the judgment dated 28-5-2009. Five additional marks were granted to them for their experience and those who qualified on merits were duly adjusted on regular basis. It was also stated that no outsider has been accommodated or even considered in the light of directions issued by Directorate of Education (FATA) vide its letters dated 21-2-2007 and 18-4-2007.
11. On this, learned counsel for the petitioners in all these petitions tried to argue that the judgment of this court, the non-implementation of which has been complained of in these petitions, was that no fresh candidate be considered for appointment until the community school teachers are adjusted.
12. We are afraid, this had never been the intent of, nor can the same be of the said judgment because that interpretation would result into depriving fresh candidates from the same agency to compete for the posts above. The only bar in the letters afore-stated was that till then, no non- local fresh candidate be appointed against the regular posts.
13. We are, thus of the view, that judgment of this court passed on 28-5-2009 has, been and is being complied with and no violation of the same involved. Consequently, all the contempt of court petitions are dismissed.