1. ' SARDAR ABDUL HAMEED KHAN, J.---This is a writ petition filed under section. 44 of the Interim Constitution Act, 1974, wherein the petitioners have sought a direction against respondents to write off the loan by respondent-Bank borrowed by the petitioners for construction of their houses and also sought for the recovery of the payments received from the petitioners, in the light of fundamental right of equality before the law and by operation of notification of the respondent No, 1 dated 4th March, 2006, which was further amended by the Notification dated 27 March, 2006.
2. ' The defence of respondents Nos. 1 and 2 was closed by order dated 10-4-2013, whereas the respondents Nos. 3, 4, 5 and 11 were proceeded ex parte. The writ petition admitted for regular hearing vide order of the court which was announced on 24-1-2009. The written statement was filed by the respondents (Habib Bank Ltd). Wherein it was contended that the relief which has been claimed is against respondent No, 3 HBL. Respondents Nos.4 to 13 are employees of HBL. HBL is an organization neither owned nor controlled by the Government of Pakistan or Government of Azad Jammu and Kashmir. It is therefore not a person performing any function in connection with the affairs of the Federation of Pakistan or the Azad Jammu and Kashmir. The petition is liable to be dismissed, on this short ground alone. The petitioner raised however, various factual questions which questions cannot be decided in the exercise of constitutional. Jurisdiction. That the Notification dated March, 4, 2006 is only in respect of Civil and Government employees of Azad Jammu and Kashmir. The petitioners were retrenched from employment in terms of Retrenchment Circular No, STF/2006 dated 10-3-2006. In addition to dues admissible to them under their terms and conditions of employment, they were paid huge amount as special retrenchment dues. That on 10-3-2006 letters of Retrenchment were given to petitioner but they denied and refused to acknowledge and prayed for dismissal of the writ petition.
3. ' Arguments heard.
4. ' Sardar Nazar Muhammad Khan, learned counsel for the petitioners reiterated the contents of the writ petition, as well as their replication dated 19-11-2009 and contended that under Article 4 of the Interim Constitution. Act, 1974, the petitioners are entitled to concession, facilities which the employee of the Government and Semi Government Department have received. He further contended that the Notification of 4th March, 2006 is applicable to the petitioners because this Notification is applicable to the employees of the financial institutions too. The learned counsel referred the Notification No, 2485/2584/2006 dated 4th March, 2006 and. Corrigendum to this Notification bearing No, 1076-1175/2006 dated 27th March, 2006, wherein the words Bank was substituted for words bank/post office. The learned counsel further referred he memo of HBL Assistant Vice-President and Senior Vice-President bearing No, STF/2006/27 dated 12th July, 2006 and other documents and application moved by the petitioners for getting of concession of Earthquake effectees and prayed for the acceptance of the writ petition and sought direction against respondents as prayed for.
5. ' While controverting the arguments of the learned counsel for the petitioner, Mr. Sardar Khan Advocate, rebutted the arguments and advanced arguments on behalf of the respondents, wherein he has raised points that the writ lies against respondents who are discharging responsibilities in connection with the affairs of the Azad Jammu and Kashmir. The learned counsel further contended that the writ is hit by non-joinder of necessary parties. It has further contended that notification contains that the Government Employees only, whereas, the petitioners are employee of a company and they are governed by Company Laws. Learned counsel reiterated the objections and ground raised in the written statement and prayed for the consideration of these points as integral part of the arguments.
6. ' The learned Additional Advocate-General adopted the arguments advanced on behalf of the other respondents Mr. M.R Khan A.A.-G., further contended that though the defence of the official respondents has been closed but the respondents have right to participate in proceedings and argued that the petitioners as inhabitants of the area and effectees of the Earthquake along with the general public received all the benefits and no complaint in this regard is filed by the petitioners. Petitioners matter is related to the respondents-company i,e, HBL so the official respondents have no nexus with the claim of the petitioners, hence, the official respondents were not necessary party. The petitioners has filed this incompetent writ in the garb of arraying official respondents in line of respondents which is liable to rejection with heavy cost.
7. ' I have heard the learned counsel for the parties and gone through the record of the case.
8. ' Petitioners may be the effectees of the Earthquake who deserve all the sympathy but the petition has to be decided in accordance with the law. The petitioners have claimed the concession of write off, of bank loans on the basis of Notification dated 4th March, 2006. By glance perusal of the notification it transpires that this is a relief package sanctioned by the Azad Government in favour of the Civil and Government employees and corrigendum A has been issued to add the word post office along with the bank in connection with the compensation money. The said Notification is reproduced along with the corrigendum for elucidation:-- Notification:-- ' Dated: March 4, 2006.
9. 'No, 2485-2584/2006, the President of Azad Jammu and Kashmir has been pleased to sanction the following "Relief Package" in favour of Civil & Govt. Employees of AJ&K Government, who are affected due to the devastating earthquake of 8th October, 2005 and whose houses or vehicles have been damaged.
(1) That the outstanding amount of HBA against the Civil and Govt. Employees, whose houses have been damaged during the earthquake, shall be deemed to be written off subject to the conditions that;
(i) They have received or shall receive compensation of Rs,25,000 from the concerned Relief Committee and shall furnish photocopy of the cheque or deposit receipt of the bank where the cheque has been deposited, duly attested by Deputy Commissioner concerned. In case of cash payment; concerned employee shall provide a certificate of getting compensation from the concerned Relief Committee, indicating name, IDC No, Serial No, and date of payment in the compensation payment list duly countersigned by the Deputy Commissioner of the concerned District.
(b) Amount of the advance was obtained before 8th October, 2005.
(2) The outstanding amount of Car and Motorcycle advance against the Civil and Govt.
10. Employees, whose Cars/ Motorcycles have been destroyed during the earthquake, shall be written off on production of a certificate regarding the ownership of the Vehicles and destruction of the same during the earthquake from the head of the department (Secretary concerned).
11. Accountant-General Office shall also confirm that the documents regarding the registration of such Vehicle (Prior to 8th October, 2005) have been provided by the employee and are available in the record.
(3) The outstanding amount of advance (HBA, Car/Motorcycle) obtained from Govt. Revenue by Civil/ Govt. Employees shall also be written off in case of death of such employees during the earthquake upon the production of death certificate duly countersigne by Deputy Commissioner concerned. The employees who have been permanently incapacitated shall also be entitled to get advantage of this provision upon providing a permanently incapacitated certificate from the head of the CMH/ Civil Hospital, duly countersigned by DC concerned.
(4) House Building Advance shall be sanctioned under rules on priority basis in favour of those Civil and Government employees of AJ&K Government, whose houses have been damaged during the earthquake and who will provide the proof of compensation as mentioned in Para 1 (a) above. Advance of House Building in favour of other employees shall be continued as per routine policy.
(5) Deduction of House Rent from the salaries of Ministers, Civil and Govt. Employees, who are residing in such official residences which have been badly affected due to earthquake and are not earthquake resistant, shall be stopped/ ceased on providing the certificate/ undertaking in this regard.
12. CORRIGENDUM ' Dated: March 27, 2006.
13. 'No, 1076-1175/ 2006 In continuation of Notification No,2485- 2584/ 2006, dated 4-3-2006, issued by this Secretariat, the following amendment shall be made in the said Notification: --
(1) In para 1(a) in line 3 for the word "bank" the words "bank/post office" shall be substituted;
(2) In para 1(a), in line 4, after the words "duly attested by Deputy Commissioner concerned, the words "or Head of the Department" shall be inserted;
(3) In para I (a), in line 9, after the words "duly countersigned by the Deputy Commissioner of the concerned District", the words "or Head of the Department" shall be inserted;
(4) In para 4, in line 1, for the words "under rules", the words "by relaxing the rules subject to provision of funds" shall be substituted.
14. The memo of letter of HBL dated July 12, 2006 is as under:-- ' The following relief has already been allowed to our staff members who have faced the natural calamity of 8-10-2005.
15. ' House Finance instalments of all earthquake-hit employees have been deferred for nine months effective January, 2006 to September, 2006.
(2) Cash compensation of Rs, 50,000 has been allowed for each death of either spouse or real children to all such employees.
16. ' In view of the financial hardships to repay the outstanding Staff House Finance, it has been decided to constitute committees comprising of following Members at RHQs Muzaffarabad & Islamabad to review the damages caused by the earthquake to those houses of our staff against whom the finance has been availed.
17. ' The proposals of these affected existing employees who are posted at other Regions and their houses are located in Nothern Areas, will also be reviewed and recommended by the said Committees.
18. ' All affected staff members are advised to submit the details of losses caused to their houses against whom stall House Finance has been availed along with all supporting documents, if any, to their respective RHQs for onward submission to the said committee. The last date for submission of such requests is 31st July, 2006".
19. ' Keeping in view, the above stated position the petitioners are not entitled to any relief by way of this writ petition who are not covered by this notification.
20. ' However, the petitioners have right against the respondents-company under relevant laws.
21. Hence, the petition, is hereby, dismissed, with no order as to costs.