1. ' IFTIKHAR MUHAMMAD CHAUDHRY, C.J.--- On 28-8-2009 this Court passed order in Civil Petition No,1536 of 2009. Relevant paras. Of the order are reproduced hereunder:--- "(2) From the statement so made on behalf of the respondent and by her father one can conveniently understand that the contract Educators, after having completed terms of contract or during pendency of the same always apprehend that at any time the contract services shall be terminated, therefore, the slightest indication on the part of the department is found to make them careful and in such situation they have no option but to rush to the Courts for securing/protecting their jobs. For the present we need not comment as to whether respondent's appointment was according to the policy of 2002 or the policy of 2005. We however question as to why the Educators who are providing education to the future generations of this country, are not enjoying security in their jobs. We also wish to ascertain the wisdom behind introducing such policies, where instead of creating a regular and dedicated cadre of the education department, recruitment is being made on contract basis. This question has been previously dealt with in the case of Jafar Ali Akhtar Yousafzai v. Islamic Republic of Pakistan PLD 1970 Quetta 115 by his lordship, as he then was, Mr. Justice (R) Muhammad Afzal Zullah, and we quote therefrom that "the Government wants to retain a power of arbitrary termination of service so as to defeat the constitutional guarantee"
(3) Mr. Muhammad Akram Sheikh, learned Senior Advocate Supreme Court, present in Court, in some other case, pointed out that this is not the only case of its kind as there are thousands of such teachers male and female who have been recruited on contract basis and after imparting education for years they have no certainty as to their future. According to him, from this aspect alone this Court can gauge the manner in which the rights guaranteed to such persons under the Constitution are being disregarded by the Government. We agree with him and consider it appropriate to examine this case in depth keeping in view the policy referred to hereinabove and to call upon the Chief Secretary of the Government of Punjab to appear and explain if the employment of teachers in such manner is in consonance with the provisions of the Constitution and for how long, the Government intends to continue such policy of adhocism. The Chief Secretaries of the Government of other Provinces are also required to state if a similar system is in vogue in their respective provinces and if in the past they were adhering to such policy, whether now it has been changed.
(4) However, as far as the case of respondent is concerned, it shall be decided independently but based on our decision on the conclusion of above aspects of the case.
(5) Mr. Muhammad Akram Sheikh, learned Senior Advocate Supreme Court, however, is required to appear as amicus curie in this case and assist in respect of the Constitutional guarantees and their violation in introducing such policies. Advocate-General of the Province of Punjab as well as Attorney-General for Pakistan be also asked to appear and assist the Court as a question of interpretation of Constitutional provisions is likely to be involved in this cas ...........
2. ' Today, on 21-10-2009, the learned Advocate-General, Punjab along with Mr. Muhammad Aslam, Secretary, Education, Punjab has appeared and placed on record the notification dated 19-10-2009 issued by the Government of Punjab which is reproduced hereinbelow:--- Government of the Punjab School Education Department Dated Lahore, the 19th October, 2009.
3. Notification ' SO(SE-IID2-16/2007. In exercise of powers conferred upon him by Rule 23 of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, the Chief Minister, Punjab is pleased to order appointments of Elementary School Educators (BS-9), Senior Elementary School Educators (all categories) B-14). Secondary School Educators (all categories (B-16). IT Teachers (B-16). Head Teachers/Subject Specialist (BS-17) (Male/Female). Senior Head Teachers/Senior Subject Specialist (BS-18), Lab Incharge (BS-7), on regular basis, in relaxation of the relevant service rules, recruited on contract basis under the provisions of the Contract Appointment policies 2002, 20042005, 2005- 2006 and 2008-2009 issued by the School Education Department, against the posts presently held by them in the Department, with immediate effect.
(2) For the purpose of this notification, the Chief Minister, Punjab has further been pleased to withdraw the posts in BS-16 to BS-18 presently held by the contract employees, as mentioned in rule 16 of the Punjab Civil Servants (Appointment and Condition of Service) Rules, 1974 from the purview of the Punjab Public Service Commission (Functions) Rules, 1978.
(3) These appointments will, however, be subject to fulfilment of requirements of rules 18, 19, 20, 21 and 21-A of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974.
(4) These contract appointees on their regular appointment shall remain on probation in terms of section 5 of Punjab Civil Servants Act, 1974 and rule 7 of the Punjab Civil Servants (Appointment and Conditions of Service) Rule, 1974:
(5) The service period of contract employees shall not be counted for any purpose (pension, gratuity, leave, etc.) on their appointment under the Punjab Civil Servants Act, 1974 and the rules framed thereunder.
(6) The salary component of such employees shall be in accordance with the pay scale plus the usual allowances prescribed for the posts against which they are being appointed. They will, however, not be entitled to the payment of 30% social security benefit in lieu of pension or any other pay package, being drawn by them. However, pay of the contract employees being appointed in the basic pay scales shall be fixed at the initial of the respective pay scales and the increment(s) already earned during the contract appointment period shall be converted into Personal Allowance.
(7) The posts presently held by the contract employees shall stand abolished and equal number of posts in the respective category with nomenclature of regular posts and pay scale shall be created on regular side for appointment of the above mentioned contractees.
(8) The contract employees who do not intend to be appointed on regular basis should furnish their option to this effect in writing within 30 days from the date of issuance of their appointment letters by the respective appointing authorities. They may continue with their present employment as per terms and conditions of their contract. However, no extension in their contract period shall be allowed. Those who intend to be appointed on regular basis need not apply. The option once exercised shall be final. The Finance Department shall constitute an Anomalies Committee to resolve the issues arising out of appointments of contract employees on regular basis.
(9) The contractees on their regular appointment shall be placed at the bottom of seniority list of relevant category of regular teachers as detailed below:-- Name of post held by the ContracteesNomenclature in corresponding categories of regular teachersSeniority in the new cadre Elementary School Educator (BS-9)PST ESEs shall be placed at the bottom of seniority of PSTs Senior Elementary School Educator (ell categories) (BS-14)EST SESEs shall be placed at the bottom of seniority of their respective categories of ESTs Secondary School Educator (all categories (B16)SST SSEs shall be placed at the bottom of seniority of SSTs.
4. IT Teacher (BS-16) SST(IT) IT Teacher shall be placed at the bottom of seniority of SSTs Subject Specialists/Head Teachers BS-17 (Male)SS/Headmaster (Male) They shall be placed at the bottom of seniority of BS-17 (Male)
5. Subject Specialists/Head Teachers BS-17 (Female)SS/Headmaster (Female)They shall be placed at the bottom of seniority of BS-17 (Female)
6. Head Teachers/Senior Subject Specialist, BS-18 (Male)Senior Headmaster/Senior Subject Specialist (Male)They shall be placed at the bottom of seniority of BS-18 (Male)
7. Head Teachers/Senior Subject Specialist, BS-18 (Female)Senior Headmaster/Senior Subject Specialist (Female)They shall be placed at the bottom of seniority of BS-18 (Female)
8. Lab Incharge (BS-7) Lab Incharge Seniority will be fixed according to their merit.
9. ' The seniority of above teachers in respective new cadres shall be reckoned from the date of their appointment on regular basis.
10. (10)A committee consisting of Secretary School Education, Secretary Regulation and Secretary Law will be constituted for formulation of Service Rules for the above-mentioned posts.
11. (11)The concerned appointing authorities shall issue appointment orders accordingly.
12. ' By the order of the Chief Minister, Punjab Secretary School Education."
13. It is contended by the learned Advocate-General that 1,25,000 school teachers have benefited from the above notification as their services have been regularized. However, his attention was drawn towards the rules mentioned in paragraph 3 of the above notification specially according to rule 18 mentioned in above para a person who has crossed the requisite age limit would only be entitled to remain in the service subject to grant of age relaxation according to rules. The Secretary Education, Punjab, however, undertakes that all those persons who have crossed the upper age limit shall stand regularized. Mr. Muhammad Akram Sheikh, appearing as amicus curiae, stated that para 5 of the Notification is also detrimental. In this behalf, the Secretary Education and learned Advocate-General explained that the school teachers who had already been receiving 30 per cent pay above their salary as social security benefit, would be entitled for pension from the date of regularization. The explanation so offered on behalf of the Advocate-General seems to be reasonable. There are cases of some of the teachers i,e, Nazia Rafique, etc. Who have stated that they have not been regularized for lame excuses. On this, Secretary Education, Punjab stated that let all these teachers through their three representatives approach him with application in his office in Lahore on 30th October, 2009 when he will be hearing them and shall redress their grievances. Since the petitioners serving on contract basis have been regularized, notice issued to the Chief Secretary, Punjab in the listed petitions, stand discharged.