' IMAM BUX BALOCH, J.---By this common judgment above ten petitions shall stand disposed of, as the common question of facts and law is involved.
The case of petitioners is that they were appointed to the posts of Junior Clerks, Assistants, Date Entry Operation/ Junior Clerk, Computer Operator, Kotar, Naib Qasid and Driver, respectively, on daily wages basis by Zila Nazim Kamber-Shandadkot, and after lifting of ban on recruitment by the Government of Sindh their services were regularized by same Zila Nazim. It is further case of petitioners that they have been rendering their services in the offices of respondents: however they were not being allowed salaries as regular employees by the respondents. It is further case of petitioners that in the meantime the respondents advertised same posts, on which petitioners have been rendering their services and published such notice for "Walk in Interview Test" through various newspapers. The petitioners have further averred in their respective petitions that they approached respondents at their respective offices that their services have been regularized by the Zila Nazim, yet the respondents did not allow petitioners to get salary inspite of the fact that they are performing their respective duties as yet. Therefore, the petitioners have filed these petitions with a prayer that respondents be directed to release salaries being regular employees.
' The respondents Nos.3, 4, 6 and 8 have filed their parawise comments. The respondent No, 4 in his comments has stated that Zila Nazim was not competent to regularize services of the petitioners and there is clear procedure for appointment of any staff, such as advertisement, written test, interview, merit list, qualification, physical fitness: besides this pre requisites and budget allocation is required as per rules and permission of competent authority is also required for appointment or regularization. He has further stated in his comments that the regularization of daily wages staff was sent to the Government for permission quoting resolution of the Zila Council but that permission was clearly regretted by the government and due to this fact the District Government is not in a position to regularize/appoint petitioners and their salaries are subject to their appointment/ regularization, but it is regretted by the government, therefore, their salaries cannot be paid by the District Accounts Officer.
' We have heard Messrs Faiz Muhammad Larik and Habibullah Ghauri learned counsel for petitioners, Mr. Abdul Hamid Bhurgri Additional Advocate-General along with Mr. Qamar Raza Baloch, E.D.O (Revenue) Kamber-Shandadkot, and also perused the material available on record.
Admittedly, the petitioners were appointed on daily wages basis and later on their services were regularized by District Government, Kamber-Shandadkot and they are performing their duties.
Appointment of the petitioners were regularized by the District Government KamberShandadkot after completing all codal formalities. The contention of learned Additional Advocate-General that District Government was not competent authority to regularize services of the petitioner is not tangible. The petitioners who are low paid employees are performing their respective duties, and they have gained much experience in their respective fields and a preferential right has been created in their favour to regularize them on their respective posts instead of making new appointments.
' Articles 4, 25 and 38 of Constitution of Islamic Republic of Pakistan, 1973 speak about rights of individuals, equality of citizens, and promotion of social and economic well-being of the people. For the sake of convenience Articles 4, 25 and 38 are reproduced as under:--
4. Right of individuals to be dealt with in accordance with law etc.--- (1) To enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Pakistan.
25. Equality of citizens.--- (1) All citizens are equal before law and are entitled to equal protection of law.
(2) There shall be no discrimination on the basis of sex alone.
(3) Nothing in this Article shall prevent the State from making any special provision for the protection of women and children.
38. Promotion of social and economic well-being of the people. The State shall---
(a) secure the well-being of the people, irrespective of sex, caste, creed or race, by raising their standard of living, by preventing the concentration of wealth and means of production and distribution in the hands of a few to the detriment of general interest and by ensuring equitable adjustment of rights between employers and employees, and landlords and tenants;
(b) Provide for all citizens, within the available resources of the country, facilities for work and adequate livelihood with reasonable rest and leisure; (c). Provide for all persons employed in the service of Pakistan or otherwise, socials security by compulsory social insurance or other means;
(d) Provide basic necessities of life, such as food, clothing, housing, education and medical relief, for all such citizens, irrespective of sex, caste, creed or race, as are permanently or temporarily unable to earn their livelihood on account of infirmity, sickness or unemployment;
(e) Reduce disparity in the income and earning of individuals, including persons in the various classes of the service of Pakistan; and
(f) Eliminate riba as early as possible.
It appears that no show-cause notice under relevant rules have been served upon the petitioners with regard to regularization of their services. It also appears that the respondents are paying salaries to the petitioners according to daily wages basis since the date of their respective appointments and after their regularization they are not being paid salaries according to their posts in regular cadre. The respondents have conceded that the petitioners are performing their duties. It also appears that the petitioners were appointed when new district i.e, Kamber- Shandadkot was created. The petitioners have served for district government and have utilized their energy for so many years with the hope that they will be regularized and in order to construct newly establish district to take it in the line of other districts. It also appears that performance of petitioners satisfactory and they are working since years. It has been observed that there is no complaint of any sort from the government functionaries against the petitioners to justify their act not to pay the salaries of petitioners according to their regularized posts and scales.
If Government, acting through its officers, is subject to certain Constitutional and public law limitations, it must follow, a fortiori, that government, when it acts through the agency of a corporation, the latter should equally be subject to the same limitations in the exercise of its power or discretion. Every action is to be taken by the government functionaries must be in conformity with the principles which meet the test of justice, reason, fairness, equality of treatment, and must qualify standards and norms that are not arbitrary, irrational, whimsical and discriminatory and must not be guided by extraneous considerations.
' We are constraint of the fact, and hope that government functionaries should not act adversely to the constitutional obligations. In the case of petitioners the government functionaries are acting adversely to the Constitution just to oblige the political personalities.
In view of the above discussion and for the foregoing reasons, we allow all the above captioned petitions with directions to respondents to pay to the petitioners their salaries according to their respective pay scales as regular employees since date of regularization of each of the petitioner, and petitioners should be treated as regular employees from the date, when district government regularized their services.