' IQBAL HAMEEDUR RAHMAN, CJ.--- Through the instant constitutional petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, the petitioner has made the following prayers:--- "It is, respectfully prayed that this Court may be pleased to issue direction to the respondents:---
(a) to pass appropriate order with regard to the continuity of the petitioner's service along with all the back benefits, e.g. Wages etc. For the period from 1-8-2010 till final payment.
(b). The services of the petitioner be regularized as has been done vide Capital Administration Development Office Order dated 23-6-2011 in similar cases. "
2. The petitioner, in the writ petition has alleged that he was appointed by respondent No,3 on daily wages basis w,e,f, 16-4-2008 to 14-7-2008 @ Rs,172 per day. Thereafter, the petitioner was granted extensions vide Office orders dated 16-7-2008, 15-10-2008,. 5-11-2008 and 2-1-2009 w,e,f, 15-7-2008 to 12-10-2008, w,e,f, 13-10-2008 to 12-11-2008, w,e,f, 13-11-2008 to 12-12-2008 and w,e,f, 13-12-2008 to 3142-2008, however, vide office order dated 14-5-2010, he was posted in Computer Lab-II. The petitioner has further alleged that without any complaint about his performance his services were termination on 1-8-2010 through verbal order, hence, the instant writ petition.
3. In response to the notice issued to the respondents, Para-wise comments have been filed on behalf of the respondents Nos.1 and 3.
4. Learned counsel for the petitioner has argued that the petitioner's services were terminated without proper written order, whereas, according to the verdict delivered by the Hon'ble Supreme Court of Pakistan in the judgment reported as 2007 SCM R 1328, verbal orders of public functionaries have no sanctity in law for same being alien to the process of the law and courts; that as no written order has been passed by respondent No,3, hence, the petitioner is entitled for the wages from 1-8- 2010; that in a similar case, Capital Administration and Development Division, Government of Pakistan, vide Office Order dated 23-6-2011 has already regularized the services of 88 employees.
5. Conversely, learned Deputy Attorney-General appearing on behalf of the respondents argued that the petitioner was employed on daily wages by respondents and he was drawing wages from Hostel Funds; that due to non-availability of funds/budget the petitioner's service was terminated.
6. I have heard the learned counsel for the petitioner as well as learned Deputy Attorney-General and perused the documents appended with the petition as well as with the pare- wise comments.
7. Respondent No,3 in his pare-wise comments has admitted that the petitioner was appointed on daily wages basis w,e,f, 16-4-2008 to 14-7-2008 @ Rs,172 per day. Thereafter, the petitioner was granted extensions vide Office Orders dated 16-7-2008, 15-10-2008, 5-11-2008 and 2-1-2009 w,e,f, 15-7-2008 to 12-10-2008, w,e,f, 13-10-2008 to 12-11-2008 w . e. f. 13-11-2008 to 12-12-2008 and w . e . f.
13-12-2008 to 31-12-2008. Respondent No,3 has also admitted that vide office order dated 14-5- 2010, the petitioner was posted in Computer Lab-II \and as per verbal order of Director General, he was not granted extension beyond 31-7-2010.
8. The Hon'ble Supreme Court of Pakistan in the judgment reported as (2007 SCM R 1328) has held that:--- "Verbal order of public functionary---Validity---Such order would have no sanctity in law for same being alien to process of law and courts."
Moreover, it inspires to a man of common prudence that a person who was appointed through a written order was required to be conveyed, through a written order regarding, that his services have not been extended, as such, the stance taken by respondent No,3 that the service of the petitioner was not extended beyond 31-7-2010 through verbal order, has no legal backing and is not sustainable under the law. B Moreover, respondent No,3 in his para-wise comments has mentioned that in terms of Minutes of meeting of the Cabinet Committee held on 25-1-2011, Daily wages workers employed for 89 days (one spell) and completed three spells of their service shall be regularized in conformity with the order of the Apex Court. As such, the petitioner is entitled for regularization of his service.
9. In view of what has been discussed above, I have no option but to accept the instant writ petition. Resultantly the instant writ petition stands accepted.