' QAZI FAEZ ISA, C.J.--- The following prayer has been made in this petition: "A. Declaring that the act of the respondents in issuing the Office Orders dated 2nd April, 2009, regularizing the services of the petitioners as Volveman [sic] BPS-2 instead of Supervisors BPS-9, is totally, illegal, improper, unjust, unconstitutional, based, with mala fide intention, in excess and mis- exercise of authority and jurisdiction vested in them, therefore, are of no legal consequences. B.
After having declared so, to direct the respondents to regularize services of the petitioners against the posts of Supervisors BPS-9 w.e.f, 1st December, 2008.
C. Any other relief which this Hon'ble Court deems fit and appropriate may also be granted in favour of the petitioners, in the interest of justice."
2. It is the case of the petitioners that they "were appointed on daily wages basis about 5/6 years back in Water and Sanitation Authority, Quetta" and subsequently, their services were regularized vide different orders, all dated 2nd April, 2009 as valvemen in basic pay scale 2 (BPS-2), however, since they were performing the functions of supervisors they ought to have been regularized as supervisors in BPS-9, Syed Ayaz Zahoor, the learned counsel for the petitioners, referred to documents wherein a proposal was floated to upgrade the post held by the petitioners to the post of supervisor (BPS-9). He also referred to the application submitted by the petitioners in this regard.
3. That the comments filed by the Water and Sanitation Authority ("WASA") did not despite the facts as narrated, but stated that instead of removing the petitioners from service WASA had regularized them in BPS-2, which was the grade in which they were appointed, "to save their jobs on humanitarian grounds". It was further stated that WASA does not have the funds to either upgrade the said post or to have regularized the petitioners in BPS-9.
4. That the learned counsel for the petitioner failed to show us, when inquired, as to how the petitioners were first appointed on daily wage basis, and, whether prior to appointment the posts were advertised.
5. It would also be useful to reproduce the decision of the Board of WASA from the minutes of the Board of Directors' meeting held on 25th November, 2008 (attachment "B" to the petition), reproduced hereunder:-- "(i) The Board agreed in principle for creation and regularization of all daily wages employees gradually as per actual requirement and availability of resources.
(ii) Since (192) daily wages employees (mostly BPS-2) have already been regularized in September, 2008 their salaries only may be released in the first instance to confirm their regularization.
(iii) The staff regularized by the Nazim, City District Government Quetta (with full pay of the relevant posts or on fixed pay), may be taken up with Provincial Government for ex post facto sanction to regularize them properly.
(iv) The daily wages employees who were not existing during preparation of lists for regularization in December, 2004 and did not appeal for regularization subsequently, may be taken as ghost employees and their wages may be stopped followed by a departmental inquiry."
6. That the petitioners rather than appreciating the fact that they were extended an extraordinary benefit by having their employment 'regularized' have come to the court seeking a much higher grade, i.e, of supervisors in BPS-9. If the petitioners were not satisfied with the orders dated 2nd April, 2009 appointing them as valvemen in BPS-2 they should not have accepted such appointment. Moreover, the petition was filed after over 25 months (on 11th May, 2011).
7. The learned counsel for the petitioners has failed to point out any law, which entitles the petitioners to be 'regularized' in service or in a particular grade. The concept of 'regularization' is illegal, unless a law IA so specifically provides. It appears that first appointments are made without advertising the posts and by bypassing the applicable law, and then this illegality is perpetuated by 'regularizing' the same. Appointments in government service and in statutory bodies, like IB WASA, must be made in accordance with the applicable law.
8. Before parting with this judgment it is observed that petitions, like this one, are filed without complying with applicable procedural requirements, in not providing the complete particulars of either the petitioners or the respondents. In this regard neither the petitioners nor the respondents' address has been mentioned and the petitioners were wrongly described as "All Supervisors, B- WASA, Quetta".
9. There being no merit whatsoever in the petition it is dismissed with cost in the sum of rupees five hundred to be paid by each petitioner to WASA, i.e, a total sum of five thousand rupees.
10. The office is directed to send copies of this judgment to the Chief Secretary and the Secretary, Services and General Administration, Government of Balochistan, for their information, compliance and distribution to all departments and heads of all provincial statutory authorities.