' MUHAMMAD KHALID MEHMOOD 'KHAN, J.--- Through this single order, I propose to decide two petition i,e, W.P.No,1800 of 2012 and W.P.No,1801 of 2012 as in both the petition, same question of law and facts is involved.
2. The petitioners assert that they were appointed as Naib Qasid, Daftri and Chokidar in the year 2006, 2007 and 2008 by respondent No,1 and they are performing their duties since then; initially the appointments of petitioners on ad hoc basis for 6-months which however continued to extend from time to time. The petitioners were working against permanent post but the respondents inspite of repeated requests of petitioners have failed to issue regular appointment letter. The petitioners agitated their grievance before the respondents and respondents held a meeting and decided that service of all ad hoc, daily wages, temporary employees of the University be regularized and in pursuance of said meeting, the respondent-University regularized the services of many of its employees except petitioners. The respondents however offered the petitioner to accept appointment on contract/ad hoc basis, on the refusal of petitioner they have stopped the payment of petitioners' salaries since May, 2012. The petitioners _assert that neither their services have been terminated nor their contracts have been withdrawn. The petitioners thus prayed that the respondents be directed to regularize the petitioners' services.
3. The respondents submitted report and parawise comments and stated that the sub-campus of the University was established at Depalpur Okara in pursuance of a directive issued by the Prime Minister of Pakistan but due to non-availability of land, the classes of B.Sc. (honour) Agriculture were started during September, 2006. The establishment of Sub-Campus at Depalpur, Okara was approved on 27-8-2007; the duration of the said project was five years; the salary was to be paid to the staff under the head of Operational Cost; a number of posts of Sub-Campus Depalpur was advertised in newspapers on temporary basis and - 21 employees including petitioners were appointed on temporary basis against those posts; the Provincial Government has not provided land for constructing the Sub-Campus at Depalpur Okara; the Director-General (Planning) Higher Education Commission on 13-5-2010 decided to implement the project of establishment of University of Agriculture, Faisalabad Sub-Campus at Chishtian, District Bhawalnagar and it was directed that the activities at Depalpur Sub-Campus be confined to the existing student strength and no new batch will be admitted. The Academic Council of the University at its meeting held on 14-7-2010 decided not to offer admission in B.Sc. (Hons.) at Depalpur Campus. It is further stated that the physical status of Sub-Campus Depalpur has not been approved by the Higher Education Campus (HEC). The faculty members who were appointed against posts of University were transferred back to Faisalabad and the temporary appointments of supporting staff of the project including the petitioners stood consequently terminated due to closure of the said project. The respondents also objected the maintainability of the petition.
4. Learned counsel for petitioners submits that the Academic Council in its meeting dated 27-10- 2010 has specifically decided as under:--- The students and staff of the sub campus will be shifted transitionally to the main campus after the end of current semester (winter semester, 20-10-2011) until suitable piece of land and the buildings are made available. As and when the HEC lifts the suspension on sending new FDP scholars for Ph.D. studies, the scholars of this sub-campus would be granted permission to get admission in developed countries. The Vice-Chancellor asked the faculty members if someone wants to join College of Agriculture, D.G. Khan, just apply to the Principal for this transfer immediately as the Principal, College of Agriculture, D.G. Khan has already requested the same. Mr. Marghub Amer, Lecturer, Agri.
Entomology, Dr.Shahzadi Mahpara, Assistant Professor, PBG and Mr.Muhammad Yasir Bhutta, Lecturer Computer Science voluntarily agreed to join the DG Khan sub-campus Additional adjustments will be made at the end of current semester. The Vice-Chancellor asked the Project Director to prepare a feasibility report within a week for making the research farm at Rakh Bulewal operational as in case of shifting of the sub-campus, we are not going to abandon the research farm. The Vice-Chancellor was of the view that we will invest to develop the farm so the actual demands, feasibility report and future extensions may be finalized and submitted to the Principal while seeking help of Rana Waheed Anwar Farm Manager. The chair asked the Farm Manager to pursue the case of demand notice for installation of electric supply at farm. Vice-Chancellor had also interaction with the students. While addressing the students, he said: "The institutes are due to students and students are assets. We tried our best to establish this sub campus but, we faced a lot of problems regarding infrastructure development, poor response of local government, politicians and the community. So it is decided that the academic activities may be shifted to the main campus transitionally. The students fully endorsed the decision taken by the Vice-Chancellor."
' Learned counsel submits that it is nowhere decided that petitioners' services will be terminated.
Learned counsel submits that the respondents themselves admitted in their report and parawise comments that faculty members have been transferred back to the main University Campus at Faisalabad. Learned counsel submits that the petitioners were the employees of University and not the sub- campus as is evident from their appointment letters. The petitioners' appointment letters were issued on the recommendations of Chairman Department by the Vice-Chancellor by exercising his powers under section 15(4)(viii) of the University of Agriculture Faisalabad Act, 1973.
Learned counsel submits that it is an admitted fact that till today, the petitioners' services have not been terminated and only their salaries have been stopped in the month of May, 2011.
5. Learned counsel for respondents submits that as the Depalpur Campus has been closed and new campus has been established at Chishtian, Bahawalnagar under the orders of Higher Education Commission. The petitioners' services were on project basis. The project of sub-campus Okara was for five years as is evident from PC-I. The petitioners thus are not entitled for regularization of their services.
6. Heard, record perused.
5. It is an admitted fact that the sub-campus of Agriculture University at Depalpur Okara was established by University of Punjab certainly with the permission of Higher Education Commission.
It appears that the Government of Punjab has not provided the land for constructing building for campus and the HEC on 13-5-2010 decided to establish a sub-campus of Agriculture University Faisalabad at Chishtian Bahawalnagar. The letter dated 13-5-2010 issued by HEC is reproduced as under:--- "No, HEC/P&D/LA YAH/UAF/9/2010/135 May 13,2010 Subject: Establishment of UAF Sub-Campus at Chishtian, District Bahawalnagar.
' The undersigned is directed to refer to the meeting held in the office of Member (O&P) at HEC on 30-4-2010 through video conferencing to discuss the matter pertaining to establishment of University of Agriculture, Faisalabad (UAF) sub-campus at Chishtian, District Bahawalnagar.
' During the above mentioned meeting it was agreed to implement the project of establishment of sub-campus of UAF at Chishtian, District Bahawalnagar. However, University of Agriculture Faisalabad is required to ensure that;
(i) The land provided for the sub-campus at Chishtian should be enough to meet the future expansion of the infrastructure and research activities of the institution.
(ii) The land should be provided free of cost by the Provincial Government and it should be free from any legal barriers.
(iii) The land should be transferred in the name of the University.
(iv) Availability of basic infrastructure to cater the requirement of academic activities.
(v) Arrangement of funds through Provincial Government to make new campus operational.
(vi) Availability of basic amenities like power, potable water, approach roads, security arrangements etc.
(vii) The activities at the Depalpur sub-campus may be confined to the existing student strength and no new batch will be admitted.
' Sd/- (Dr. M. Mazhar Saeed)
' Director General (Planning)"
8. The letter will show that it is nowhere mentioned that sub-campus Depalpur will be closed or abandoned and no new campus will be established at Chishtian. In a meeting of Vice-Chancellor, University of Agriculture with the faculty members of sub-campus, University of Agriculture Faisalabad decided on 18-10-2010 as under:--- "The sub-campus was established during 2006 and has completed its four years, but still the project is hanging in air because of certain unavoidable reasons mainly the unavailability of land of campus building. Higher Education Commission (HEC) has a view that the project is not viable now. For said reason, we have suspended the admissions to B.Sc. (Hons) at the sub-campus.
Though, it is a failure, but the responsibility cannot be fixed on the administration and Principal or staff of the sub-campus. A number of efforts have been made to resolve the case of land and several meetings with local administration and politicians, but in vain. As the University has international repute, hence we have certain minimum quality standards/ criteria regarding buildings, research facilities, etc. It is the time to take decision as we have wasted about 4 years.
We are not going to abandon the project, we can come back, if proper land and other logistics are available.
' After these words, the Vice-Chancellor invited faculty to share their views, progress, perceptions, and suggestions about the sub-campus. The faculty members introduced themselves and gave their views and suggestions regarding the sub-campus and informed the Vice-Chancellor regarding the problems faced during the period. The faculty members also mentioned that despite of height of disappointment, Principal, sub-campus, Dr.Shahbaz Talib Sahi was kind enough and always encouraged the faculty and staff and kept their morale high. Faculty also appraised the consistent and untried efforts of Principal in establishing campus here, but sorry to say, it may not be the fate of this area." ' and in this meeting, it was decided as under: "The sub-campus was established during 2006 and has completed its four years, but still the project is hanging in air because of certain unavoidable reasons mainly the unavailability of land of campus building. Higher Education Commission (HEC) has a view that the project is not viable now. For said reason, we have suspended the admissions to B.Sc. (Hons.) at the sub-campus.
Though, it is a failure, but the responsibility cannot be fixed on the administration and Principal or staff of the sub-campus. A number of efforts have been made to resolve the case of land and several meetings with local administration and politicians, but in vain. As the University has international repute, hence we have certain minimum quality standards/ criteria regarding buildings, research facilities, etc. It is the time to take decision as we have wasted about 4 years.
We are not going to abandon the project, we can come back, if proper land and other logistics are available.
' After these words, the Vice-Chancellor invited faculty to share their views, progress, perceptions, and suggestions about the sub-campus. The faculty members introduced themselves and gave their views and suggestions regarding the sub-campus and informed the Vice-Chancellor regarding the problems faced during the period. The faculty members also mentioned that despite of height of disappointment, Principal, sub-campus, Dr.Shahbaz Talib Sahi was kind enough and always encouraged the faculty and staff and kept their morale high. Faculty also appraised the consistent and untried efforts of Principal in establishing campus here, but sorry to say, it may not be the fate of this area.
' The students and staff of the sub campus will be shifted transitionally to the main campus after the end of current semester (winter semester, 2010-2011) until suitable piece of land and the buildings are made available. As and when the HEC lifts the suspension on sending new FDP scholars for Ph.D. studies, the scholars of this sub-campus would be granted permission to get admission in developed countries. The Vice-Chancellor asked the faculty members if someone wants to join College of Agriculture, D.G. Khan, just apply to the Principal for this transfer immediately as the Principal, College of Agriculture, D.G. Khan has already requested the same. Mr. Marghub Amer, Lecturer, Agri.
Entomology, Dr.Shahzadi Mahpara, Assistant Professor, PBG and Mr.Muhammad Yasir Bhutta, Lecturer Computer Science voluntarily agreed to join the D.G. Khan sub-campus Additional adjustments will be made at the end of current semester. The Vice-Chancellor asked the Project Director to prepare a feasibility report within a week for making the research farm at Rakh Bulewal operational as in case of shifting of the sub-campus, we are not going to abandon the research farm. The Vice-Chancellor was of the view that we will invest to develop the farm so the actual demands, feasibility report and future extensions may be finalized and submitted to the Principal while seeking help of Rana Waheed Anwar Farm Manager. The chair asked the Farm Manager to pursue the case of demand notice for installation of electric supply at farm. Vice-Chancellor had also interaction with the students. While addressing the students, he said: "The institutes are due to students and students are assets. We tried our best to establish this sub campus but, we faced a lot of problems regarding infrastructure development, poor response of local government, politicians and the community. So it is decided that the academic activities may be shifted to the main campus transitionally. The students fully endorsed the decision taken by the Vice-Chancellor."
9. The minutes of meeting thus show that the respondent-University itself decided to close sub- campus at Okara due to non-availability of land and other difficulties and on their request, the HEC decided to establish a sub-campus at Chishtian. The question is whether the petitioners were the employees of Agriculture University Faisalabad or of a sub-campus. The sub-campus is part of University of Agriculture, as the appointment letters were issued by Vice-Chancellor under section 15(4) of the University of Agriculture Faisalabad Act, 1973. The service books of the petitioners were prepared which are available on record. Admittedly even after the alleged closure of sub-campus, the respondents continued to pay salaries to petitioners up to May, 2012 and further admittedly the respondents have failed to produce any document showing that the petitioner's contracts of service were terminated or expired. The only ground raised by the respondents that the sub- campus has been closed and as such the services of petitioners automatically stand terminated is not borne out from the record.
10. As far as the objection of learned counsel for respondents that the petition is not maintainable has no force. The respondents are receiving funds from the public budget and they are performing duties in the public sector for the State and as such the petition is maintainable. At present, the only question is whether the petitioners' contract of service stands terminated or not, the respondents have failed to produce any document showing that the petitioners' contracts have been terminated.
11. In these circumstances, the petitions are allowed and the case is remitted to Vice-Chancellor, University of Agriculture Faisalabad with the direction that he will hear the petitioners and will decide their grievance in accordance with law and will also pay the salaries to petitioners till the disposal of their grievance.