' MUHAMMAD KHALID MEHMOOD KHAN, J.--- Through this single judgment I proposed to decide Writ Petitions Nos.29220/2012, 29221/2012, 29877/2012, 22965/2013 and 22966/2013 as the same question is involved in all the petitions.
' Briefly stated the facts of the petitions are that the petitioners on different dates were inducted in the services of respondent No,2 on contract basis, during the continuance of their contract of service they applied for regularization of their services in terms of Notification No,DS(O&M)5- 3/2004/CONTRACT(MF) dated 14.10.2009 issued by the Government of Punjab. The petitioners' earlier filed a writ petition and this court on 07.06.2012 accepted the petitions specifically declaring that PIDA is the authority constituted under an Act and as such notification dated 14.10.2009 is applicable in the case of petitioners. This Court while deciding the writ petitions has, however, remitted the petitions to Chief Secretary, Punjab for redressal of petitioners' grievance as the petitioners have not approached the Government in the first instance. The Chief Secretary, Punjab heard the petitioners' case and vide order dated 08.09.2012 passed the following order:- "9. NOW THEREFORE, the committee after detailed deliberations on the issue, decided as under:-
(1) That the petitioners are working on contract basis against project posts Financed through PC-1, therefore, notifications dated 14.10.2009 and 10.10.2010 are not applicable per se in the case of the petitioners and their petition is unanimously rejected.
(2) That the Managing Director, PIDA may approach the Competent Authority for extension of the project. Afterwards, contractual appointments of the petitioners may be extended for a further period of one year on the existing terms and conditions with the approval of the Competent Authority.
(3) That evaluation of the project may be carried out through Planning and Development Department.
(4) That in the light of the evaluation report, the PIDA may move for creation of necessary posts on regular basis under its control.
(5) That on completion of the above, exercise, the Authority may advertise the posts for recruitment under the law/rules/policy.
(6) That the, present contract employees of PIDA may compete against such created posts.
However, they may be granted age relaxation for the period they served on contract basis. They may also be given additional marks for the experience, they gained in the PIDA on contract basis.
".
' The petitioners have assailed the order of Chief Secretary, Punjab through the present writ petitions.
2. Learned counsel for petitioners submits that respondent No,3 Punjab Irrigation and Drainage Authority (PIDA) is the creation of the Punjab Irrigation and Drainage Authority Act, 1997. Under Section 15 of the PIDA Act, all rights and liabilities of the Punjab Irrigation and Power Department stand transferred to PIDA, the PIDA has absolute and unilateral control and power over all the provincial water resources and by all practical purposes respondent No,3 is the authority under the control and management of Provincial Government and as such the Notification dated 14.10.2009 is applicable on petitioners' case as well. Learned counsel submits that on issuance of the Notification referred to above, the petitioners' services stand regularized automatically. Learned counsel for petitioners has relied on Pir lmran Sajid and others v. Managing Director/General Manager (Manager Finance) Telephone Industries of Pakistan and others (2015 SCMR 1257), Secretary (Schools) Government of Punjab Education Department and others (2010 SCMR 739), Mst. Farhana Naz and others v. Government of Punjab and others (2014 PLC (C.S.) 1270), Aftab Ahmad and others v. Government of Punjab and others (2012 PLC (CS.) 602) and Pakistan Telecommunication Company Limited through General Manager and another v. Muhammad Zahid and 29 others (2011 SCMR 253).
3. Learned Law Officer submits that the process of transition of the irrigation management to Punjab Irrigation and Drainage Authority is under way, only 5 areas of water board out of total 17 areas have been converted into the new system of participatory management under PIDA Act. The petitioners were offered contractual services, the petitioners accepted the terms and conditions of the contract, the petitioners' contract of service is for a fixed period but was extended from time to time according to rules and regulations of PIDA. The entire system of PIDA is working on PC-1 per project and as such the regularization notification dated 14.10.2009 is not applicable on autonomous/semiautonomous body and the petitioners' case. The posts of petitioners are contractual and not permanent. The Government of Punjab is financing PIDA through different PC-1 till to date and as such till the PIDA becomes full-fledge authority and to take over the entire assets and liabilities of irrigation department., the status of petitioners will remain as the contractual employees. The authority has no statutory rules and as such the writ petition is not maintainable.
He has relied on Tehsil Municipal Officer, TMA Tehsil Kahuta and another v. Gul Fraz Khan (2013 SCMR 13), Tahir Yasmin and others v. Government of the Punjab and others (2014 PLC (C.S.) 1256), Ameer Solangi and 'others v. WAPDA and others (2016 SCMR 46) and Federation of Pakistan through Secretary Law Justice and Parliamentary Affairs v. Muhammad Azam Chattha (2013 SCMR 120).
4. Heard. Record perused.
5. Both the parties are admitting that the petitioners are contract employees, the petitioners were offered contract of service 9 to 11 years ago, the respondents are extending the petitioners' contract without break of single day. Punjab Irrigation and Drainage Authority Act was promulgated in 1997.
As per preamble of PIDA the authority has been established to implement the strategy of the Government of Punjab for ,streamlining the Irrigation and Drainage system, to replace the administrative set up and to improve the irrigation system in Punjab. The authority was multi purposes authority, it was meant to achieve economical and effective operation' and maintenance of the Irrigation, Drainage and Flood Control system in the province of Punjab. Under section 15 of the PIDA Act, 1997, the authority has taken over all the rights and liabilities of Punjab Irrigation and Power Department. The power and duties of the authority are detailed in Section 5 of the PIDA .Act ibid. The conjunctive study of Sections 5, 8 and 15 show that the PIDA has the complete control and management of irrigation and drainage system of Punjab, the PIDA is managing system in Punjab and is collecting "Aabiana" (the price of canal water). The authority is providing water and drainage in whole of the Punjab.
6. The learned Law Officer has argued with vehemence that the entire assets of PIDA has not been transferred to PIDA and PIDA is working on the basis of PC-1, the Government is not providing any funds in budget for running the Authority. The scheme of Section 15 of the PIDA Act specifically provides that all assets and liabilities of irrigation and drainage system in Punjab has been transferred to Authority. It is an, admitted fact that the Authority is recovering "Aabiana" (price of canal water) and other charges according to law. No doubt the transfer of assets and liabilities is under transition but the PIDA Act specifically provides that after the establishment of the Authority the entire assets of Irrigation Department become the property of PIDA.
7. It is an admitted fact between the parties that the petitioners are performing their duties from the last more than 10 to 11 years. It is not denied by the respondents that petitioners were appointed in PIDA in the year 2002 on contract basis through an open competition after due process of law.
PIDA is extending contracts from time to time and there is no break in their service. The respondent PIDA is evaluating the performance of petitioners through their ACRs, It is a proven fact on record that the petitioners are not taken in employment against the project post, the present petitioners are the employees of PIDA as is evident from their appointment letters. It is also not denied by the respondents that PIDA is managing different projects like PISIP and LBDCIP and these two project employees only are the contract employees and their contract are valid till the completion of project. This Court while deciding earlier writ petition has specifically held that "PIDA is the authority constituted under an Act and as such their Notification dated 14.10.2009 is applicable on their case".
8. The respondents have not assailed the earlier judgment dated 07.6.2012 of this Court, hence the findings of this Court that the PIDA is the authority constituted under the Act and Notification for regularization No, DS (O&M)5-3/2004/CONTRACT(MF) dated 14.10.2009 is applicable in the petitioners' case attained finality. The Chief Secretary, Punjab is not the appellate authority of this Court. In case the respondents are aggrieved of the findings of this Court that the regularization Notification of Government of Punjab is applicable on petitioners' case, in that case they should have assailed the judgment dated 07.06.2012 through an appeal according to law.
9. The respondents have failed to point out that the petitioners were appointed on a project. The appointment letters available on record specifically provides that the petitioners were appointed in Punjab Irrigation and Drainage Authority and not in the project of PIDA. The Authority is a creation of statute and as such it canuot be said that the Authority is a project and is being run on the basis of PC-1 on year to year basis.
10. Learned counsel for respondents has argued that the PIDA has no regular posts for the petitioners against which their services could be regularized. This fact is belied from the respondents' own admission that vide order dated 08.09.2012 the Chief Secretary, Punjab specifically passed an order in the following manners:- "The authority can easily come out of the PC-1 mode and can create regular posts by diverting the share of revenue collection towards PIDA instead of depositing in government treasury. "
The petitioners are performing their duties from the last 10-12 years and most of the petitioners have become overage after serving the Authority from 10-12 years, the respondents now intend to terminate their services by declaring that they are the contract employees of projects, this act of respondents is against the fundamental right of life of the petitioners guaranteed by the Constitution of Islamic Republic of Pakistan, 1973.
11. In the above said circumstances, the petitions of the employees of PIDA only are allowed and the respondents are directed to regularize the petitioners' services in terms of regularization Notification No,DS(O&M)5-3 /2004/CONTRACT(MF) dated 14.10.2009.