This judgment shall also decide Writ Petition Nos. 25770, 5110, 5400, 5872, 5932, 8627, 26031, 9039, 5342, 17305, 19325, 22653, 24358, 23282, 26240, 26150 and 6672-2011 involving common question of law.
2. The petitioners had served in their posts as Hospital Pharmacists (BS-17) successfully for a number of years in most of cases and over a year in some cases. The Provincial Government did not offer them any selection process for regularization of their service whereas such process was allowed to contract appointees under Regularization Policy dated 10.11.2010. Consequently, the petitioners perforce had to participate in the selection process meant for initial recruitment which includes two stages of assessm ent: written examination and viva voce. The petitioners before the Court, in total being 91 in number sat for the PPSC examination for initial recruitment of Hospital Pharmacists (BS-17) and 40 of them passed the same. In interview stage 28 out of the passing candidates qualified the interview and accordingly satisfied all criteria for appointment.
3. However, since they were lower on the merit list for appointment against 113 posts requisitioned by the Provincial Government, therefore they were not recommended by the PPSC. Learned counsel for the petitioner has read from the judgment of the Hon'ble Supreme Court in Naueeda Tufail case (2003 SCM R 291) to justify relief to the petitioners, That case concerns the regularization of service of adhoc appointees and lays down a salutary principle that the benefit of regularization Should be given to those candidates who fulfill the minimum criteria of appointment established in tests administered by the PPSC. Accordingly, under the principle laid down in the said judgment, regularization process undertaken-through the PPSC becomes both transparent and also merit based.
4. Applying the test laid down in the aforenoted judgment, 28 candidates from amongst 91 petitioners are eligible to be regularized in their service. Learned Addl. A. G. on instruction however, submits that the respondent department does not have any seats available for regularization of the petitioners but is in the process of requisitioning further recommendees for appointment on initial recruitment. It would be an unfair and inequitable dispensation if the Provincial Government was to terminate the services of fully qualified, competent and experienced persons like the successful petitioners who have an unblemished service record in order to engage new persons who have yet to establish their credentials.
5. Accordingly, relying on the principle laid down in Naueeda Tufail's case the respondent Health Department, Government of Punjab is directed to regularize the services of 28 petitioners (including the petitioners mentioned by name in connected Writ Petition Nos. 5400, 5872, 22770, 5110, 19325 & 17304 of 2011), who have passed the selection process of the PPSC. In the present petition the successful petitioners include Mst. Naghma Roohi Chishti d/o. Saleem Asghar Chishti (Petitioner No. 3), Miss Fazeelat Liaquat d/o Liaquat Hussain (Petitioner No. 5), Muhammad Saleem Noor s/o Fida Muhammad (Petitioner No. 12), Muhammad Farrukh Saleem s/o Muhammad Aslam Petitioner No. 13) and Faisal Hussain s/o Ghulam Hussain (Petitioner No. 15). The needful shall be done within a period of two months from the date of receipt of a certified copy of this order.
6. Petition allowed.