' IQBAL HAMEED-UR-RAHMAN, C.J.--- The appellants have filed the instant I.C.A, wherein they have challenged the impugned order dated 29-11-2011, passed by the learned Single Judge in Chamber; whereby writ petition filed by them was dismissed in limine.
2. Concise facts of the instant 1.C.A are that the appellants were appointed in the respondent authority on contract/daily wages basis on different posts and they have been performing their duties with full devotion. The appellants were informed that as and when rules/ regulations are framed by the respondent authority, the services of the appellants will be regularized. It is added that the Government of Pakistan has now introduced a policy with regard to regularization the services of the contractual/daily wages employees in all Ministries/ Divisions/Attached Departments/Autonomous Bodies/Corporations, but despite this respondent No,4 is adamant to terminate the services of the appellants, therefore, the petitioners preferred writ petition, which was dismissed by the learned Single Judge in Chamber through the impugned order, hence the instant Intra Court Appeal.
3. Learned counsel for the appellants contended that the appellants are working on contract/daily wages basis under respondent No,4 for the last so many years. Initially, there were no rules and regulations but thereafter in November, 2011 the same were framed. It is next contended that in November, 2011 Pakistan Housing Authority (PHA) got published an advertisement in the newspaper and called applications for appointment on 238 posts, therefore the appellants preferred writ petition and sought that as per Government policy they be regularized, but the same was dismissed on the grounds that temporary appointments were made without observing due procedure and further the respondents are under obligation to make recruitments strictly according to merits and by observing quota. Learned counsel for the appellants after reading the policy of Government prayed that the instant appeal may be accepted.
4. Per contra, learned counsel appearing on behalf of respondent No,4 contended that all the appellants are not working for the last 10 years; that under the law contract employees have no locus standi to seek their regularization and in this regard he has relied upon PLD 2010 Supreme Court 841. It is further added that the writ petition was rightly dismissed.
5. We have heard the arguments and perused the material made available carefully.
6. The main stress of the arguments of learned counsel for the appellants was that the policy of Government regarding regularization is not being implemented and in this regard he has referred different directions/letters issued by the Federal Government from time to time. In the meeting of Cabinet Sub-Committee on regularization of contract/daily wages employees held on 24-11-2011, it was observed that the advertisement issued for the recruitment against 238 vacancies in the PHA should be withdrawn immediately. The Federal Cabinet in its meeting held on 6-1-2010 made following clarifications:---
(a) To qualify for consideration of cases by the Cabinet Committee, contractual employees must have completed one year of service, Date has been extended up to 30-4-2011, vide letter of even number dated 20-5-2011 December 31, 2010;
(b) Daily wages employees must have completed 3 consecutive appointments of 89 days each as;
(c) Date has been extended up to 30-4-2011 vide letter of even number dated 20-5-2011.
(d) Contractual employees working against posts that are to be filled through Federal Public Service Commission must be clearly identified in the information to be furnished to the Cabinet Committee. These posts can be withdrawn from the purview of the FPSC if considered expedient by the Ministries/Divisions, subject to approval of the competent authority.
' In letter dated 19-12-2011 issued by the Secretary, Ministry of Housing and Works, Islamabad to the Managing Director, Pakistan Housing Authority (PHA), Islamabad, it was directed that:- "The Secretary, Ministry of Housing and Works and Managing Director, Pakistan Housing Authority
(PHA) should ensure the implementation of the directions communicated under the above reference and provide the implementation report in the next meeting of the Cabinet Sub- Committee and till that time the services of 138-contract employees should not be dispensed with/laid-off.
' The Cabinet Sub-Committee, in partial modification of its earlier decision on the subject further directed that the process of recruitment can be completed in respect of posts other than their 138- contract employee's posts."
7. From the above, it is crystal clear that the Federal Government has evolve a policy regarding regularization of contract/daily wages employees, which must be implemented in letter and spirit.
The appellants have served the department for the last so many years and definitely most of them have become over-age and would not be able to get Government service, if they are not regularized.
8. In the light of Government policy and minutes of Cabinet Committee meeting, the impugned order of learned Single Judge in Chamber is set aside and consequently the writ petition and the instant Intra Court Appeal are accepted with the direction to the respondents to consider the regularization of the services of the appellants keeping in view the prevalent policy of Government and minutes of Cabinet Committee regarding regularization of contract/daily wages employees.