' QAISER RASHID KHAN, J.--- The petitioner has filed the instant application for initiating contempt of court proceedings under Article 204 of the Constitution of Islamic Republic of Pakistan 1973, read with sections 3, 5 and 6, of the Contempt of Court Ordinance-IV of 2003, against the respondent No,3, with the prayer that direction be issued to the respondents to appoint the petitioner at PTC/PST post on 10% Quota reserved for Ex-Army Personnels on the vacant post.
2. Brief facts of the instant petition are that petitioner had earlier filed Writ Petition No,422 of 2011, before this court with prayer for directions to the respondents to appoint the petitioner 'on the post of PTC/PST, which petition was accordingly disposed of on 16-6-2011, whereby that petition was treated as representation and remitted to the respondent No,3 for disposal strictly on merits and in accordance with law/rules and policy of the Government on the subject. Thereafter, the petitioner has filed the instant petition for initiating contempt of court proceedings against respondent No,3, Abdul Malik and for appropriate directions to respondents to appoint the petitioner as PTC/PST on 10% quota reserved for ex-Army personnel on the vacant posts.
3. Learned counsel for the petitioner argued that the petitioner successfully qualified test and interview for the post of PST/PTC, but he was not considered on the 10% quota of ex-army personnel; that the post against which the petitioner applied is still vacant and 10% quota reserved for army personal is not yet exhausted; that the petitioner is within age limit but respondent No,3 is reluctant to issue the appointment order of the petitioner and that the respondent No,3 'is not obeying the order/judgment of the High court which amounts to contempt of court.
4. Though being contempt application still the learned D.A.-G. Was asked by this Court to clarify factual aspect of the controversy. He was assisted by Sharifullah Khan, ADO, representative of E.D.O (Education) Lakki Marwat (respondent No,3), submitted that even the W.P No,442 of 2011, disposed of on 16-6-2011, was not maintainable and moreover, the same was earlier treated as representation by this court to be decided on its merits in accordance with law and rules; that no direction as such were given to the respondents for appointment of the petitioner; that no ex-army personnel quota exists to accommodate the petitioner against the post of PTC/PST; that on receipt of the copy of writ petition to be treated as representation, the petitioner was asked through a letter to follow the procedure detailed in the advertisement, but he failed to do so; that the respondents have not violated the orders of this court, hence instant petition is liable to be dismissed.
5. Arguments heard and file perused.
6. Admittedly the petitioner had filed W.P. No,422 of 2011, praying for his appointment, against the post of PST/PTC, which was on his request treated as representation by this court to be decided in accordance with law, rules and policy of the Govt. The main contention of the petitioner in his writ petition was that being ex- serviceman and a qualified person, he had every right to be appointed against the said post in accordance with 10% quota as per notification of the Government of N.- W.F.P. Services and General Administration Sports and Tourism Department (Regulating Wing)
No,SOR-II (S&GAD) 5-2/80, dated 27-10-1981. However, as stated by the representative of respondent No,3, no quota for ex-army personnel is available for their appointment in the education department and in this respect reference may readily be made to the Khyber Pakhtunkhwa Civil Servants (Appointment), Promotion and Transfer Rules, 1989 updated upto February, 2010, wherein no quota exists for ex-army personnel and the only quota mentioned in the said Rules is (i) quota for one of the children of the deceased civil servant or if the child has not attained the age prescribed for appointment in government service, the widow of such civil servant to a post in any of the BPS 1 to 15, (ii) 2% of all posts in each basic pay scale to be filled in by initial recruitment reserved for disabled candidates, (iii) 10% of all posts meant for initial recruitment for female candidates and (iv) 0.5% of all posts in each basic pay scale to be filled in by initial recruitment shall be reserved for candidates belonging to minorities. As such the grievance of the petitioner stands repudiated by the very Rules of 1989 ibid, wherein any quota if available to the petitioner as per notification of the Government of N.-W.F.P. Services and General Administration Sports and Tourism Department (Regulating Wing) No,SOR-II (S&GAD) 5-2/80, dated 27-10-1981 has since been dispensed with: Thus the respondent No,3 has acted in accordance with law, rules and policy of the government and has not committed any contempt of this Court as alleged by the petitioner.
7. For the reasons stated above, this petition being devoid of merits is hereby dismissed.