' SALMAN HAMID, J.--- Pursuant to Port Qasim Authority (respondent No,2)'s publication for filling up various vacant posts, Zahid Iqbal Junejo (the petitioner) applied for the post of Deputy Manager (Finance) in BPS-18 on contract basis for two years. He was called and requisite test/interview was taken and was cleared circa 29-11-2008. Thereafter the members of the board of directors of the respondent No,2 declared the petitioner successful for the aforementioned position upon his clearance of the medical examination and issuance of requisite fitness certificate. This clearance was followed by issuance of an appointment letter/employment contract No,PQA/HRM/2008 dated 16-12-2008 where after the petitioner gave his joining report on or about 19-12-2008. It was the case of the petitioner that despite fulfilling all the requirements and the fact that appointment letter was issued to him and he also gave joining for the post of Deputy Manager (Finance), BS-18, posting was denied even though continuous approaches had been made. Left with no choice present petition was filed with the following prayers: "(a) Direct the respondents that after issuance of lawful appointment and joining of the petitioner for the post of Deputy Manager Finance, respondents are [liable] bound to issue "Posting Orders" in favour of the petitioner and delay in non issuance of posting Order is illegal and ultra vires.
(b) Mandatory injunction restraining respondents' including their successor, legal representatives, executors, agents and/or any person acting/working on their behalf from re-advertisement and/or re-appointment to the post of "Deputy Manager Finance" and accept the petitioner.
(c) Mandatory injunction directing the respondents to issue the petitioner necessary Posting Order for the post of "Deputy Manager Finance" forthwith.
(d) Cost of the, proceedings throughout.
(e) Any other relief which this honourable court deems fit and proper may also be granted."
2. In the above backdrop, it was contended by the learned counsel that the petitioner was issued appointment letter/employment contract dated 16-12-2008 for two years upon his (petitioner)'s complying with all legal requirements as were necessary and/or required of by the respondent No,2 and their, (respondent No,2)'s denial of posting to the petitioner, in such background was mala fide. It was also argued that respondent No,2's purported ground that Prime Minister Special Task Force on employment had observed serious lapses in appointments and that such were made when the ban was intact had no footings and the Circular upon which the respondent No,2 placed reliance in such regard was also disputed in that it was not applicable in the case of the petitioner.
The case of Nauman Bashir Khan v. Federation of Pakistan and another (SBLR 2011 Sindh 218) was cited to contend that under similar circumstances (denial of posting after issuance of letter of appointment/employment contract), Bashir was granted relief by this court when it was held that appointment letter having been issued and it having been accepted, the contract between them had concluded i.e, Bashir and PQA. It was implored that the case of the petitioner was identical, both on legal and factual plain, as that of Bashir thus benefit of the cited precedent be also extended to him.
3. Comments on behalf of the respondent No,2 were filed with documents, reading whereof showed that the case of the petitioner was not disputed. However, an attempt was made by raising the allegation that the petitioner was employed as Deputy Manager (Finance) PBS-18 when he exerted influence and that Prime Minister Special Task Force had directed that all the appointments of the period when the petitioner was employed with the respondent No,2 be cancelled inasmuch as such were made when the ban was in place. It was mentioned that a Circular dated 31-12-2008 was also issued by the respondent No,2, but the same was not produced to substantiate such assertion. It was also urged that the petitioner had no cause of action to prefer the present petition inasmuch as that he had no locus standi. The learned D.A.-G. On behalf of respondent No,1 supported and/or adopted the arguments of learned counsel for the respondent No,2.
4. We have heard the learned counsel for the parties and have looked into the file. It is an admitted position, that the respondent No,2 had advertised for various posts, including the post of Deputy Manager (Finance) BPS-18 on contract basis for a period of two years and that the petitioner after applying for such post, qualified. It is also evident from the record that the petitioner was appointed to the post of Deputy Manager (Finance) BPS-18 after fulfilling all the requirements and clearing all tests/interview. The argument of the respondents Nos.1 and 2 that the petitioner was employed on contract basis for two years during the period when the ban was imposed by the government and therefore such were cancelled was not supported by any document and/or law. Circular dated 31- 1-2008, issued by respondent No,2 was reproduced in the case of Naman Bashir, cited by the learned counsel for the petitioner. It reads as under:--- "PORT QASIM AUTHORITY (SECRETARY)
' No, PQA/SY/03/08 Dated: 31-12-2008 CIRCULAR ' SUBJECT: FINALIZATION OF RECRUITMENT FROM GRADE/BPS 1 TO 15 AND ABOVE IN PORT QASIM AUTHORITY (PQA)
' Prime Minister Task Force on Employment have observed with serious concern that Admin Division/HRM Department have issued Medical. Letters for the posts from BPS-5 to 15 and above without obtaining the requisite NOC and directed that all such Medical Letters be treated as cancelled.
(2) Keeping forgoing, all appointments letters and medical letters issued by HRM Department without NOC and approval of the Competent Authority are to be cancelled/withdrawn.
(3) Admin. Division/HRM Department is hereby further directed to strictly follow the procedure/rules/Regulations/qualifications/ experience required for each post from BPS-5 to 15 and above, besides adherence of the regional quota specified in the rules/instructions in letter and spirit.
(4) Violation of any rules/instructions on the subject of recruitment by any individual/department shall liable to punitive action.
(Sd.) Secretary
5. Suffice to mention that the above reproduced Circular dated 31-12-2008 speaks about the posts of BS-5 to BS-15 and not about BS-18, from which, admittedly, the petitioner belongs. Even otherwise the date of the Circular is after in time to the date of letter of appointment which was issued on 16-12-2008 when vested right of the petitioner had already been created. Petitioner's case therefore by no stretch falls prey to the mischief of Circular dated 31-12-2008. Reliance on the circular by the respondents was wholly unfounded.
6. It would be evident that it was the respondent No,2 itself who brought various documents on record to show that the petitioner was appointed after following all the rigors. Such documents among others, included assessm ent sheet of short listed candidates for the post of Deputy Manager (Finance) BPS-18, wherein the petitioner was shown under the head "remarks" as, "1st" for such post. Under the head "recommendations" of the Report it was mentioned that, "2. Mr. Zahid Iqbal Junejo son of Abdul Wajid Junejo SL No,2 and Ms. Hina Talpur daughter of Aslam Talpur SL No,21, who secured first position and second position respectively may be offered appointment against the vacant post of Deputy Manager (Finance), - PB-18 on contract basis initially for period of 2 years (extendable) under the existing terms and conditions and Messrs Shahid Khan son of Mir Badshah and Mughees-ulWarah Fasihi son of Anees ul Warah Fasihi SL Nos.22 and 37 may be kept as standby candidates". Such recommendations had been signed by Director General (Operations)/Member, Director General (Admin.)/ Member, Director General (P&D/P&CW)/Member, Director (HRM)/ Member, Director (M/A)/Member, Deputy Secretary/Member/Secretary' and Director General (Tech)/Finance/Chairman. This recommendation was coupled with a Note, paragraph 8 whereof stated, "8. The Selection Committee having interviewed the short listed candidates and examine[d] the credentials/results of written tests has recommended Mr. Zahid Iqbal Junejo son of Abdul Wajid Junejo and Ms. Hina Talpur daughter of Aslam Talpur who secured first and second position for appointment against vacant post of Deputy Manager (Finance) - BPS- 18, on contract basis initially for a period of two years (extendable) under the existing terms and conditions as per Assessm ent Sheet (Flag "C")." This Note was duly forwarded by Manager (HRM) to Director (HRM), who on his turn stated, "Para 8/N is recommended for approval. Please" and forwarded it to DG (Admin.) on 13-12-2008 who on his part on the same day forwarded- it to the Chairman of the respondent No,2 who on, "22/02" approved the same.
7. The position which comes out from the record is that respondent No,2 had issued appointment letter/employment contract dated 16-12-2008 to the petitioner which was accepted. Resultantly a concluded contract came into being between the respondent No,2 and the petitioner. It would be advantageous to note that Clause 13 of the letter of appointment/employment contact dated 16- 12-2008 stipulates termination of contract, for which purpose 30 days notice on either side is mandated. Thus, contract of employment made between the respondent No,2 and petitioner could be terminated only by resorting to such Clause and by no other means. Such concluded contract could not be avoided unilaterally by respondent No,2, more particularly when the petitioner's vested right and interest had been created on one hand and obligations of the respondent No,2, being a statutory corporation on the other.
8. For the foregoing we allowed this petition on 22-8-2011, reasons whereof are these Parties to bear their own cost. As a result listed application(s) are also disposed of.