' SHAUKAT AZIZ SIDDIQUI, J.--- Petitioners invoked the constitutional jurisdiction of this court by way of filling instant writ petition with the following prayer:- "In these circumstances , it is very respectfully prayed that this Honorable Court may very graciously order and direct the Respondents that:-
(a) The Planning Commission be directed to immediately release salaries and allowances of the Petitioners from 01.07.2011 up to date with all consequential benefits;
(b) Any other equitable relief the Honorable Court may find justifiable in the given circumstances. "
2. Brief facts relevant for disposal of instant Writ Petition are that Petitioners are working on a development project namely "White Revolution-Doodh barya" (hereinafter referred to as the Project) of Pakistan Dairy Development Company (PDDC), launched with funds of Rs,2.654 billion in three provinces namely Punjab, Sindh and KPK, Whereas, PDDC is registered as non-profitable entity wholly owned by the Government of Pakistan. Previously the Project was under the administrative control of Federal Ministry of Food and Agriculture but after devolution of ministries under the 18th Constitutional Amendment the same was retained with the Ministry of National Food Security and Research, Government of Pakistan, Islamabad, which is responsible to coordinate with aid and assistance agencies in respect of food section, whereas, Planning Commission of Pakistan is the custodian of releasing pay and allowances of the Petitioners and it supervises and ensures economic and social development including such Development Projects' successful realization.
Initially the Project was to be deactivated on 30.06.2011 owing to devolution of Ministry of Food and agriculture but due to its being profit yielding project same was appreciated by the Respondents, hence, was granted extension up to 30.06.2013 by the Prime Minister of Pakistan as a result whereof contracts of Petitioners were also renewed till said date. During grant of extension allegedly it was also recommended that Rs,354.195 million be released without delay and further amount of Rs,237.458 million was also to be allocated/ released during 2012-2013, but despite performance of duties by the Petitioners consistently, patiently and diligently they have not been paid salaries and allied allowances since June, 2011.
3. Learned Counsel for Petitioners, inter alia, submitted that Petitioners are performing their duties rightfully under the Project but have not been paid salaries since, June, 2011, which act is unlawful, malicious and spiteful and as such amounts to forced labour. Learned Counsel further submitted that non-releasing of Petitioners' salaries, despite issuance of funds up to the validity of the Project is an act of glaring mala fide on the part of Respondents which not only is denial of fundamental rights of Petitioners guaranteed under Articles 4, 5(2), 9, 11, 25, 27 and 29 of the Constitution of Islamic Republic of Pakistan. Learned Counsel contended that similarly placed persons to that of Petitioners have not only paid salaries rather their services have been regularized, whereas, a discriminatory treatment has been meted out to the Petitioners and they are not even paid salaries for the period they have diligently performed their duties. Learned counsel in support of their contentions placed reliance on the case law reported as (PLD 1975 SC 383), (PLD 1994 SC 693), (1996 CLC Lahore 472), (1998 SCMR 1249), (1998 SCMR 2268), (2002 SCMR 71), (2005 PLC Peshawar 886), (2010 PLC Lahore 1109), (2010 SCMR 253), (2011 PLC 26 Lahore), (2011 SCMR 1), (2011 PLC Karachi 234) and (2012 PLC 130 Lahore).
4. Respondents Nos.2 and 4 vide their Report and parawise comments dated 26.02.2014 and 19.11.2015 have stated that the issue primarily relates to the Respondents Nos.1, 3 and 5 and they have no role to play in the subject as their status is of proforma Respondent.
5. On the other hand, Secretary, Planning and Development Division/Respondent No,1 through written comments submitted that Petitioner's project namely White Revolution-Doodh Darya was to be completed till June 30, 2011 which was initially governed by the Pakistan Dairy Development Company (PDDC) established in 2005. During the 18th amendment it was decided to close PDDC by June 30, 2011, whereas, Council of Common Interest (CCI) in its meeting dated April 28, 2011 resolved that vertical project of Ministry of Food and Agriculture, being of physical nature and creating assets for the provinces, would be funded by the provinces themselves. Accordingly, the Planning and Development Division notified on July, 23, 2011 the closure of the Petitioners' project w.e.f, June 30, 2011. Meanwhile, defunct Ministry of Food and Agriculture few days before it became dysfunctional, without obtaining Planning and Development Divisions's comments, moved a summary to the Prime Minister on June 22, 2011 proposing that PDDC may be allowed to function for 2 years up to June 30, 2013 to which Prime Minister accorded approval but with the condition that PDDC shall submit a revised business plan for approval by the Planning and Development Division keeping reduced scope of the project in view. Moreover, it was further directed that they must curtail their operating expenses to the satisfaction of the Planning and Development Division which could also ascertain whether the project can be closed down earlier than June, 2014. Further, considering the approval of the Prime Minister, excluding the other above said directions, PDDC extended the Job contracts of the staff without consulting Planning and Development Division and ensuring availability of funds. Whereas, stance of the P&D Division always remained that the decision of CCI being a constitutional body, could only be reviewed by CCI itself' and extension granted to the PDDC and renewal of contracts of its employees was also against the spirit of 18th Amendment, hence, Petitioners' project was not included in PSDP 2012-13 and relating to the issue advise was called on from the Ministry of Law and Justice. Learned Counsel further apprised that to resolve the issues relating to PDDC e.g. Outstanding salaries of staff, winding up of company and Project dues/liabilities, a meeting under the Chairmanship of Deputy Chairman, Planning Commission was held on March 13, 2013 and with the help of concerned department e.g. Mb Finance, M/o Food and Agriculture, Cabinet Division and P&D Division liabilities in this regard are decided to be settled in accordance with rules and policy. Concerning the services of the Petitioners, it has been stated in the comments that actually the Petitioners are employees of PDDC and not of PSDP, whereas, funding for the continuation of PDDC was provided by some other project of PSDP and as the Project was not budgeted in PSDP, therefore, no funds were kept with PSDP in this regard.
6. Secretary, Ministry of National Food Security and Research/ Respondent No,3 also submitted his parawise comments in which while accepting the facts put forth by the Petitioners it was contended that Petitioners served as per terms and conditions of their contract duly accepted by them while entering into contractual service, whereas, the very project stood closed on 30.06.2011 as a consequence of 18th amendment, whereas, administrative control of Pakistan Dairy Development Company (PDDC) controlling authority of the Project "White Revolution/Doodh Darya" was transferred to Cabinet Division on 29.06.2011, hence, the codel formalities for issuance of extension order of project and services of the project employees was the responsibility of Cabinet Division, whereas, administrative control of said development Project was entrusted to Respondent No,3 on 26.10.2011, after its reestablishment. Respondent No,3 has denied the contention of the Petitioners that funds were allocated to PSDP in 2011-12 for the said project by the competent authority. Moreover, towards the plea of regularization of services of certain employees, Respondent ministry submitted that government policy regarding regularization of services of employees of PSDP Project, as notified by Establishment Division Letter No,10/30/2008R-II dated 29.08.2008, is clear that the regularization/ absorption of any of the PSDP Project's employees is not possible and any such regularization is illegal, unlawful and liable to be withdrawn. Furthermore, none of the employees of the Project "Doodh Darya" has been paid salaries by the Respondent No,3 and no such decision in this regard has so far been taken, whereas, Petitioners' being the employees of PSDP Project have no right for regularization as per their terms and conditions of service. It is lastly stated in the comments that Ministry of National Food Security and Research has time and again requested M/o Planning and Development for release of funds for the payment of pending liabilities of PSDP development project Doodh Darya-White Revolution but could not avail funds. It has further stated that decision regarding winding up of the Pakistan Dairy Development Company in the light of relevant provisions of company law has also been taken.
7. Chief Executive Officer, Pakistan Dairy Development Company (PDDC)/Respondent No,5 in his written comments while highlighting the background of the controversy stated that as a result of implementation of 18th amendment, vide notification No,4-17/2010-Min-I dated 02.12.2010, Pakistan Dairy Development Company/Project "The White Revolution was given under the administrative control of Ministry of Food and Agriculture along with its employees, and after briefing from the CEO, PDDC to Secretary, of the said Ministry, regarding the complications likely to arise because of premature closure of PDDC, Ministry of Food and Agriculture itself moved summary to the Prime Minster of Pakistan for the retention of PDDC for further two years till June 30, 2013 and after approval of the summary, Petitioners were allowed to continue with their contracts which were renewed accordingly. Said approval was also conveyed by the Ministry of Inter Provincial Coordination (IPC) to the all concerned including Secretary, Planning Commission and Secretary, Cabinet Division for its implementation. Simultaneously, budget of Rs,591.653 million was approved for the extended period to meet requirements of the PDDC anti as far as directions contained in the Prime Minister's approval regarding consulting the Planning and Development Division are concerned, management of the PDDC/Project had a detailed meeting with Planning and Development Division during August 20, 2011 to December, 2011. Meanwhile, the PDDC along with the Project "White Revolution-Doodh Darya" along with its employees was transferred to newly established M/o National Food Security and Research from Cabinet Division, vide notification dated 26.10.2011, which after wards pursued the budget release and on the advice of Secretary, Planning and Development Division, field surveys of PDDC interventions in all the provinces for impact assessm ent were conducted by three teams of Planning and Development Division and their Report fully endorsed the positive impact of interventions and recommended for immediate release of budget, as per approved summary, was also made. On the asking of Respondent No,1, CEO, PDDC also gave presentation to him on 29.03.2012, Whereas, after 15-16 months P&D Division called for advice of Law and Justice Division, which upheld the decision of the Prime Minister for retention of PDDC/Project. A committee was also constituted by the Deputy Chairman, Planning Commission for assessm ent of the outstanding expenses, liabilities and verification of assets of the PDDC and the Project and said committee was given ten days time to submit its report to Respondent No, 1 . Said Committee further constituted a sub-committee for the physical verification of assets and liabilities of the PDDC/Project which was to submit its recommendations to the main committee within 10 days, however, report of the sub-committee is still not finalized.
Regarding the contention of Petitioners about release of budget, Respondent No,5 stated in his report that the Prime Minister also approved funds of Rs,591.653 millions for an extended period of two years out of the unspent balance of Rs,2073 million of the Project, so as to ensure meeting the contractual obligations of the project committed before June 30, 2011. Regarding the discriminatory treatment meted out to the Petitioners it is mentioned in the Report that they are full time workers who are working for a long period and similarly placed employees of likewise organizations have already been regularized, hence, Petitioners deserve that their services be regularized and Ministry of National Food Security and Research/ Respondent No,3 has already forwarded the case of the Petitioners for regularization Establishment Division. Respondent No,5 has further supported the stance of the Petitioners regarding discriminatory treatment, by stating in his report that that several employees of the same Project are being paid salaries regularly whereas, Petitioners are serving without salaries since, July 01, 2011.
8. Learned Standing Counsel while adopting the arguments rendered by Respondents vehemently opposed the relief sought through Writ Petition and prayed for its dismissal as having no force.
9. Arguments heard, available material perused.
10. Having considered the respective contentions, the situation which has emerged is that on the special initiative of Prime Minister of Pakistan, Pakistan Dairy Development Company (PDDC) was established in 2005 under the supervision of Ministry of Food and Agriculture and it launched a development project with the name of White Revolution-Doodh Inqalab with the approval of Executive Committee of National Economic Council (ECNEC) for the project cost of Rs,2654 Millions and it was to be completed by 30.6.2011. That PDDC recruited the Petitioners for the said development project on various posts on contract basis. That after the 18th amendment the Cabinet Committee for implementation in its meeting dated 15.12.2010 decided to close PDDC Lahore by 30.6.2011 and the Council of Common Interest (CCI) in its meeting dated 28.4.2011 decided that the provinces would provide funds for the projects of the defunct Ministry of Food and Agriculture. The Planning and Development Division in its meeting dated 23.7.2011 closed the development project w.e.f, 30.6.2011 in the meantime on 22.6.2011 the Ministry of National Food Security and Research sent an approval to the Prime Minster for extension of two year in the development project of White Revolutionize Inqalab and Prime Minister accepted the said summary, subject to the objections of the Ministry of Inter Provinces Harmony and extended the development project for further two years till 30.6.2013. Thereafter the Petitioners have not been paid their salaries though the PDDC has extended their contracts till 30.6.2013. The different Ministries, Divisions and the Corporations of the Federal Government of Pakistan have been washing their dirty linin before the court to shift the responsibility on one and another but the fact of the matter is that the PDDC is the Company performing its functions under the command and control of the Ministry of National Food Security and Research and the Planning Division has to issue the funds for the development project White Revolution-Doodh Inqalab and the payment of salaries to the Petitioners. The Development and Planning Division of the Federal Government cannot avoid its liability on the pretext that the Council of Common Interest (CCI) had decided that the provinces will provide the funding for the projects of the defunct Ministry of Food and Agriculture and CCI being constitutional body can only review its decision and the said decision has become final. This version of Respondent No,1 is a lame excuse as the Petitioners kept on performing their duties after the extension of their contracts, the contracts were extended by the PDDC a state owned Corporation and if the said corporation has not consulted the Respondent No, 1, the Petitioners should not suffer though the Federal Government may proceed against the persons at the helms of affairs of PDDC and the Ministry of National Food, Security and Research for the alleged violation of the directions of the Prime Minister. Respondents Nos. 3 and 5 have submitted that the Respondent No, 1 should issue the funds from Public Sector Development Project and it has been withholding the funds without any lawful justification.
11. Admittedly the Petitioners are full time workers of PDDC and they are entitled to withdraw their salaries and consequential benefits. Withholding of the said benefits amounts to the violation of fundamental rights of the Petitioners; therefore, instant writ petition is hereby accepted with the direction to Respondent No, 1 to release the funds for the payment of salaries to the Petitioners, leaving Respondent No, 1 to settle its score with the other Respondents through lawful process.