' WAQAR AHMAD SETH, J.--- Through the instant Constitutional petition under Article 199 of Constitution of Islamic Republic of Pakistan 1973, the petitioners have approached this Court for the following relief:- "In the aforesaid circumstances, it is, therefore, respectfully prayed that on acceptance of this Writ Petition, the Office Order No. 9790-9822 dated 29/7/2013 regarding dispensation being illegal, unlawful, without jurisdiction / authority may please be set aside and the respondents be directed to allow the petitioners to carry on their services of their posts.
' It is also humbly prayed that the respondents may please be directed to extend the benefit of regularization to the petitioners from the dates of their appointments thereby treating the petitioners equally with the other employees serving in the different institution within the jurisdiction of FATA."
2. Precisely stating the facts of the case necessary for disposal of the instant petition are that Director Education (FATA) 'Secretariat advertised certain posts of Teachers/Lecturers in the different Schools/ Colleges through advertisements (Exurban C, C-1 and C-2), the petitioners being eligible applied for the said posts and after completing the legal 'procedure, they were appointed on their respective posts on fixed monthly basis initially for two years and they have been serving on the said posts for so many years without any intervention or extension issued by the respondent's department. However, in the year 2008 at the first time services of the petitioners were extended for one year and this practice was regularly going on yearly basis. Vide 'office order dated 07/01/2013 Finance Department FATA Secretariat, 1797 posts were created for Establishment of different Schools which includes the posts of the petitioners and lastly vide impugned office order dated 29/07/2013 the services of the petitioners were dispensed with effect from 30.06.2013. It is averred in the petition that the Government of Pakistan, Cabinet Secretariat (Establishment Division), Isle relevant Rules. According to the petitioners, they have approached the respondents/department for the grant of such relief/benefit but in-vain, hence having no other adequate and efficacious remedy, they have approached this Court through the instant constitutional petition.
3. Arguments heard and record perused.
4. Petitioners were engaged by the ambassadress approved the regularization of the FATA employees vide minutes of meeting circulated through letter dated 17.05.2013, followed by a letter dated 28/05/2013 issued by the Governor's Secretariat but no benefit of the above letters have been extended to the petitioners despite the fact that according to the above letters, so many employees being on the same footing and working on Project basis have been duly regularized. It is further averred that so many employees of the Education Department serving in FATA who were appointed on the fixed pay and also on the same footing have been regularized by the respondents' Department while the said benefit has not been extended to the petitioners which is clearly discrimination with the petitioners and violation of respondents in different schools/college situated within the territory of the agencies /FRs, as IT teachers. According to Article 240 of the Constitution of Islamic Republic of Pakistan, 1973, appointment to and the conditions of service of persons in the services of the Federation, posts in connection with the affairs of the Federation and all Pakistan service are determined by or under Act of Majlis-e-Shoora and in the case of services of a Province, by or under Act of the Provincial Assembly.
5. Pursuant to the provisions of Article 240 of the Constitution and in order to regulate by law the appointments of persons to and conditions of service of persons in the service of Pakistan and to provide for matters connected therewith or ancillary thereto, Civil Servants Act, 1973 was enacted wherein "Civil Servant" has been defined in Section 2(b) of the Act as under:- "Civil Servant" means a person who is member of all Pakistan service or of civil service of the Federation or who holds a civil post in connection with the affairs of the Federation, including any such post connected with defence, but it does not include.
(i) a person who is on deputation to the Federation. From any Province or other authority;
(ii) a person who is employed on contract, or on work charge basis, or who is paid from contingencies; or "
(iii) a person who is a "worker" or "workmen" as defined in the Factories Act, 1934 (XXV of 1934), or the Workmen's Compensation Act, 1923 (VIII of 1923);
6. The appellants holding civil post in connection with the affairs of the Federation are, therefore, Civil Servants within the meaning of Section 2(b) of the Civil Servants Act, and their services including terms and conditions are to be regulated by the Civil Servants Act, 1973.
7. In exercise of powers conferred under Section 25 of the said Act the President of Pakistan has made Civil Servants (Appointment, Promotion and Transfer) Rules, 1973. According to Rule 3(2) of the said Rules, method of appointment and qualifications and other conditions applicable to a post are to be laid down by the Ministry or the Federation concern, in consultation with the Establishment Division.
8. So far as the embargo and restraint on the exercise of jurisdiction of the High Court or Supreme Court of Pakistan under the provisions of Article 247(7) is concerned the same is not attracted to the case in hand for the reasons that the posts are created in respect of civil service of Pakistan and appointments made thereto are governed by the terms and conditions land down in Civil Servants Act, 1973. Matter falling within domain of Article 240 of the Constitution and Civil Servants Act, 1973 promulgated pursuant to the provision of the said Article and Rules made thereunder would not got out of the ambit of a Constitutional Court on the ground that such a civil servant was appointed against a post created and meant for managing or looking after the affairs relating to FATA. Apart from the above similar matters pertaining to the service of employees of FATA DC were entertained by this Court and the August Supreme Court of Pakistan. We would, therefore, hold that jurisdiction of this court would not be ousted in view of bar articulated in clause 7 of Article 247 of the Constitution.
9. As far as the procedure contained in the law of land for the purpose of appointment is concerned, the same was followed properly as the required advertisements are on record, and selection of all the petitioners were made by the Competent Selection Committees after preparing the merit list, in the year 2003, and inwards after establishment of IT Laboratory's in FATA. In the advertisement on record, the word 'contract' was used but appointment letters were on fixed pay for a period of two years on temporary basis, with no mention of project neither in Advertisement nor in appointment orders. Accordingly petitioners took over the charge after Medical, as required under the settled law of land. In some of the appointment letters Civil Servants Act, 1973 was also mentioned, however, all appointments were temporary on contract basis for fixed terms or till the arrival of the recommends of the KPK Public Service Commission. The appointment of IT teachers were made from the years 2003 to 2005 as per policy of the then Government, in education sector, in FATA, PATA, and settled area simultaneously. For promoting standard education 1797 Posts were created in FATA for establishment of Public School, High Schools, Middle Schools, IT Laboratory's, vide letter dated 07.01.2013, (Exurban-F page 63 of the writ petition) shows the break-up 284 posts of I.Ts in different Agencies/ERs which also reflects the needs of I.Ts Teachers as permanent category, as well but strange enough the impugned order 29.07.2013 has been issued, which reads:--- "Subsequent to shifting to regular side with creation of regular post by the Federal Government and closure of the projects on 30.06.2013 titled "Provision of Salaries for IT Staff of 26 X High Schools in FATA (under Federal Government matching Grant Scheme)" and an ADP Schemes "Information Technology (IT)" in various Agencies/FRs, contract services of all the IT teachers working therein the schools and colleges in FATA under the above said schemes, are hereby dispensed, with effect from 30.06.2013. The DDOs concerned may stop payment of monthly salaries of the IT teachers beyond 30.06.2013."
10. Two important aspect of the impugned order, exurban-G are that, firstly all the posts of I.Ts are converted into regular side with creation of regular posts and secondly, all the petitioners were continuously in-service right from the day of appointments till the issuance of impugned dispensation order dated 29.07.2013.
11. The Petitioners are claiming equal treatment as the ITs engaged along with petitioners in the settled area have been regularized under KPK Employees (Regularization of Service) Act, 2009, vide notification dated 26.10.2010 (Exurban-D-13 page 50 is referred), notification dated 23.06.2010 (Exurban-D/14 page 51), notification dated 09.03.2011 (Armature-D/15 page 52 is referred) and so on. The plea of the respondents is that petitioners were appointed in a project post and that too on fixed pay hence neither covered under Act, 2005, or under Act, 2009. Moreover, it was argued that contract, work-charged and temporary employees have no vested right for regular appointment.
(interestingly there is no mention of Project in the Advertisement nor in the appointment orders).
12. In reference to contract appointments against a project post in FATA territory in recent past following orders/notifications have been issued. ---Decision of Cabinet Sub-Committee on regularization of contract/ daily-wages employees office memorandum dated 27.05.2013 annexed at page 71 of the writ petition reads:- ---250 "The Cabinet Sub-Committee discussed and observed that the employees of FATA Secretariat belong to the Project and the employees getting salaries through development budget cannot be considered for regularization until and unless their projects are transferred to non development budget or equal number of posts are available with the Ministry on non development budget for regularization of their services. If posts are available on non development budget or the employees are getting salaries through non development then all those contract/daily wages employees who have served for more than one year can be regularized". In the instant case posts have been created on regular side. ----Governor order dated 28.05.2013, "I, therefore, as Governor Khyber Pakhtunkhwa do hereby approve in principle the following parameters for Regularization of Project Employees working in FATA with immediate effect and as a one time dispensation". i) That corresponding SNEs with the same nomenclature and grade stand approved on the regular side. ii) That the posts/cadres are not available on the Provincial side of Khyber Pakhtunkhwa. iii) That the employees working against project posts have been appointed in strict accordance with rules and procedure and is fully qualified. iv) That the employee is having minimum 2 years continuous service in the project and she/he performed satisfactory. v) That such employee should be junior most in that particular grade in senior regular employee(s) is already available. In case of more than one project employees of the same nomenclature and post their inter-se-seniority shall be determined as per prevalent policy. vi) Such employees so regularized would have non transferable service from the organization/cell/office concerned and their claim of promotion, as and when occurring will be in line in the same organization in which they were initially appointed. ----Adjustment of teaching/non-teaching staff of Bajour Public School on newly created posts dated 20.05.2013 by the competent authority i.e. Governor of KPK (Annexure-K of the writ petition). ----Notification dated 30.05.2013 whereby Computer Operator, Junior Clerks, Naib Qasids, have been regularized (Annexure-L of the writ petition). ----Adjustment of Teaching/non Teaching staff of Parachinar Public School on newly created posts dated 20.05.2013 by the Competent Authority i.e. Governor of KPK. (page 88 of Writ Petition) ----Notification of 2013 I.Ts Lab in-charge working on contract basis in the Education Institution in FATA, since long----regularized in the interest of public service, by the Competent Authority--- exactly similar to the petitioners. (Page 89 of Writ Petition). ----Similarly in settled area, the I.Ts appointment, along with petitioners under the same policy stand regularized under the Act, 2009 (AnnexureM of the writ petition)
13. In the appointment orders of the petitioners reference of Civil Servants Act, 1973 is given (page- 41 exurban D-5), hence, KPK Civil Servant (Amendments) Act, 2005 and KPK Employees (Regularization of Service) Act, 2009 are also applicable as there are the Amendments in Act, 1973 and as such some of the petitioners filed W.P. No.2085-P/ 2012 before this Court, the same was disposed of with following remarks: - "The documents annexed with the writ petition and the comments furnished by the respondents show that the process of regularization is still on and it is yet to be brought to its logical end. They further reveal that the respondents have not yet refused to regularize the petitioners against the said posts. The project is going on and the salaries are paid to the petitioners. So at this stage when no order refusing regularization of the petitioners has been passed, we do not think the petitioners have been clothed with any cause of action. The writ petition is thus rejected being premature. However, in case the situation turns otherwise, the petitioners may if so advised, approach this court for the redress of their grievance".
14. Record is also suggestive that even dispense with /terminated employees of FATA Community School teachers were re-appointed by reducing the upper age limit, against the regular post, one such recent notification reads as under:- i) "The available regular vacant PST (BP-7) posts in the Primary/Middle Schools in FATA will be filled up from amongst the Community School Teachers and no fresh candidate considered for recruitment till all the eligible community School Teachers are absorbed against regular posts in their respective Agencies/FRs. ii)The non-local eligible Community School Teachers shall be considered for re-appointment against the regular vacant posts of PST (BS-7) after adjustment of local qualified teachers. iii) The services of the unqualified teachers shall be dispensed with. iv) The Community Schools whose teachers are appointed and shifted to other schools against regular posts would be closed down. v) The respective Community Schools students would be shifted to nearby regular schools and no further Recruitment of Community Schools will be made".
And accordingly appointments were made on regular basis from amongst the dispensed with employees (Annexure -S page 105 to 107).
15. In similar circumstances regarding the FATA contract employees, in W.P. No.969 of 2010 decided on 07.11.2013, it has been held:- "Petitioners of this and of the connected petitions are aggrieved of the inaction and implied denial of the respondents particularly, FATA Secretariat Authorities, not regularizing their services in accord with the decision of the Cabinet/Cabinet Sub-Committee dated 29.08.2008.
The simple ground given by the Authorities for the impugned action is that the petitioners are not employees of FATA Secretariat, hence, they cannot get the benefit of Cabinet decision, referred to above".
' For the redressal of their grievance, they earlier filed W.P. No.969/2010 before the High Court which was allowed mainly on the strength of amended provision of Section 19 of the Civil Servants Act, 2005, followed by similar Amendment Act, 2009, directing the regularization of services of contract employees.
' The respondents filed a leave petition before the Hon'ble Apex Court where the matter was considered from all aspects. The view held by this court was although implicitly upheld, however, the Apex Court further held that because of the Cabinet decision, referred to above, which was a matter agitated in the petition before the High Court, was not properly addressed and no decision was given thereon, therefore, it was deemed appropriate to remand the case to reconsider that aspect from all legal angles within a minimum possible time, however, preferably it may be decided by a Full/Larger Bench.
' Accordingly, a Full Bench was constituted to consider the legal effect of the above decision of the Cabinet Sub-Committee which was communicated to FATA Secretariat by the Cabinet Division/Secretariat, directing it to regularize the services of the petitioners any many others alike, numbering 1282 but the respondents put the matter on the back burner and on the ground of sheer technicalities thwarted the process despite of repeated directions given by the Cabinet Division and the Ministry of SAFRAN.
' Initially 157 posts were created and sanctioned by the President of Pakistan, who is the Executive Authority for FATA, which is exercised through the Governor' of Khyber Pakhtunkhwa as his Agent and the Ministry of SAFRAN has to oversee the Administrative, Departmental, Social Development Projects, Law and Order and other allied matters which has been listed in the Policy Decision of the Federal Government and to given guidance and instruction to FATA.
Secretariat. The Ministry of SAFRAN has also supported the case of the petitioner and many others, who are waiting for regularization of their services.
' The learned counsel representing FATA Secretariat (Mr. Imtiaz Ali, Advocate) although did not oppose the decision of the Cabinet Sub-Committee conveyed to FATA Secretariat through Cabinet Division, however, he was of the view that let a time frame be given to FATA Secretariat to do the needful and comply with the directives of the Federal Cabinet but at the same time to provide a service structure for these and other employees of alike nature, whose services are to be regularized, so that, all matters are determined and conclusively settled once for all to avoid interse litigation between these employees or between these employees and FATA Secretariat.
In the connected W.P. No.289-P/2012, the plea taken by the replying respondents is that it is the Federal Public Service Commission to appoint the petitioners under the Function Rules of 1978, however, while taking this stance the replying respondents have conveniently ignored that the petitioner is holding the post, below grade-15 thus, it does not fall within the domain of the Federal Public Service Commission.
' A Division Bench of this court in similar circumstances while entertaining Writ Petitions bearing No.82-P/2012 and 2305P12012, through an elaborate judgment dated 14.05.2013, has categorically held that the Federal Cabinet decision, conveyed to the FATA Secretariat on 29.08.2008 on the subject matter, directing to regularize the services of contract employees from PBS-1 to PBS-15 was not adhered to without any lawful justification. After discussing the legal and constitutional position, it was ultimately held that because other alike employees were treated differently, giving benefit to them of the above policy by the respondents, thus it was further held that the petitioners of those two petitions shall be deemed to have been regularized from the date when the Federal Cabinet took the decision on 29.08.2008 and was conveyed to the FATA Secretariat but in their respective pay scales.
' The case of the petitioners is placed on the same pedestal and equal footing and when the replying respondents are not controverting this legal position rather have conceded in regularizing the services of all such employees including the petitioners but with the request than they may be given a reasonable time to create certain posts and to draw service structure for these and other employees to regulate their permanent employment in FATA Secretariat vis- a-vis their emoluments, promotions retirement benefits and inters seniority as well then, we are not supposed to go into the interpretation of various; provisions of the constitution, that of the Business Rules of 1973 of the Federal Government, the notification through which the FATA Secretariat was established and the notification through which the Ministry of SAFRAN was constituted/created and was given an effective and active role in the affairs of the FATA.
' Accordingly, this and the connected petitions, mentioned above, both are admitted and allowed as prayed for. Services of all the petitioners including those, who are similarly placed and serving on contract basis in the FATA Secretariat, shall be regularized in light of the Cabinet decision conveyed to FATA Secretariat by the Cabinet Division, meeting of which was held on 13.03.2013.
' Needless to remark that in view of the judgment of the Hon' ble Apex Court in the case of "Government of NWFP (Now KPK) v. Mst. Shagufta Sayyed" (CPLA No. 151P/2009), once the Project employees, who were working on contract basis and some of whom on that ground was not given relief by this Court like the rests, they too were granted the same relief on the analogy that no clear line of demarcation can be drawn between them, therefore the FATA Secretariat shall not create any unnecessary impediment in the way of similarly placed Project employees and shall not enter into the field of unessential technicalities to block the way of the petitioners and similarly placed other employees who too are entitled to the same relief although not before us because on the strength of principle of law laid down by the Hon'ble Apex Court in the case of "Hameed Akhar Niazi v. The Secretary Establishment Division, Government of Pakistan' (1996 SCMR 1185), however, the FATA- Secretariat is given three (03) months time to complete the entire process discussed above and it shall be clearly understood that it is a last chance for them and no further extension would be granted on any ground whatsoever because the matter is old enough and the petitioners along with hundred and hundreds other are suffering and are in trouble besides mental agony. The Additional Chief Secretary FATA with collaboration of other Secretaries and with the instruction of Government of Khyber Pakhtunkhwa may create a task force to achieve the objectives highlighted above including preparation of service structure and regularization of service of these employees, so that the entire process, is completed within the given time.
16. From the above documents it is clear beyond doubt, that there exits posts of I.Ts and all those post, against which petitioner were recruited have been converted to regular side along with other posts hence petitioners have been discriminated.
17. In the case of "Hall Zahir All and other v. Government of Balochistan and others" reported in 2010 SCM12 678, it has been held that:--- "Civil Service .... Termination of service of contract employees by Excise and Custom Department and non-consideration of their cases under newly enforced regularization policy.... Order of High Court dismissing such petition considering petitioners as civil servants while directing authorities to consider them in process of selection...Validity.... Plea of petitioners was that initial contract period of 12 months was extended from time to time till termination of their services; that they performed their diligently without any complaint from authorities and gained experience in relevant filed; that authorities had not considered their cases in such policy, though had regularized service of their other colleagues, which fact was not denied by authority in their comments; that impugned act of authorities was voilative of provision Arts. 2,2-A, 3, 4, 5(2) and 25 of the constitution guaranteeing social and economic justice to its citizens and public functionaries were bound to obey commands of the constitution Supreme Court granting leave to appeal to consider, inter alia, such contentions of petitioners."
18. In the case of "Dr. Munir Ahmad and 37 others v. Government of Pakistan, Finance Division, Islamabad and 4 others" reported in 2007 PLC (C.S) 285 it has been held that:--- b) Arts. 2-A, 4, 25, 27, 37 & Preamble---equality---scope--concept of equal protection and equality before law is hallmark of the constitutional scheme recognized by not only the preamble, objective Resolution, Arts.25 & 27 of the Constitution but also by the Principle of Policy contained in Art.37 of the Constitution---Equal protection and equal treatment of citizens similarly placed is universally accepted and recognized principle which has been explained by many authors in text books and Judges in precedents-Statutory functionaries in a democratic setup cannot make any individual distinction for any extraneous reasons and exercise of discretion must be free of arbitrariness and caprices.
' Art. 199 Constitutional petition... Discrimination... Petitioners were professors in different colleges holdings Ph.D degrees and teaching science/social science subjects.... Grievance of petitioners was that special science and technology allowance being given to them had been discontinued on the directions of Accountant-General of Punjab-Validity-It was that higher qualification and holding of degree of Ph.D which was the object of grant of such allowance, which was an incentive/benefit for those who acquired higher qualification and attained a distinct position of Ph.D. In respective subject/filed---initially the University Ph.D professors / lectures and of all others colleges were considered entitled to the grant of such allowance and were paid... Petitioners who were similarly holding Ph.D degrees could not be excluded from the grant of such allowance .... Through various letters, Chairman High Education Commission had been persuading the Government that Ph.D Level faculty members/colleges institutions were also entitled to the benefit of Science and Technology allowance---Such was the reason that word "Institution" mentioned in the order, dated 09.08.2002, whereby the allowance was granted, included within its ambit the colleges---such approach seemed to the consistent with the rationale and logic behind the grant of such allowance i.e. Higher qualification i.e. Ph.D.
Degrees as an incentive to those who had acquired higher qualification and excellence in the respective subjects---Stoppage of such allowance to petitioners based on an incorrect approach to the matter contrary to the objectives of the grant of such allowance, which could not be sustained circular of Accountant-General of Punjab, whereby the allowance was stopped to the petitioners was declared as of no legal effect---Petition was allowed in circumstances.
' Art. 25---Reasonable classification---Principle---For making distinction and classification there should exits a reasonable and just basis and not mere arbitrariness.
19. In the case of FATA contract employees in reference to Act, 2005 and Act, 2009, it has been held in "C.Ps.Nos.562-P to 571-P, 588-P to 589-P; 605-P to 608-P of 2011, 55-P and 56-P and 60-P of 2012".
"After hearing the learned counsel for the petitioners and learned counsel for some of the respondents, we find that the judgments of the learned Peshawar High Court impugned before us are not open to any exception. The law on subject has been promulgated by the petitioners itself one in the year 2005 by amending the NWFP, Civil Servants, Act, 1973 and the other by introducing the Regularization Act of 2009 where-under services of contract employees have been regularized; for the sake of convenience, the relevant provisions of the Amendments Act. IX of 2005 are reproduced herein below".
"19(1).........................................................
19(2). A person though selected for appointment in the prescribed manner to a service or post on or after the 1st day of July, 2011, till the commencement of the said Act but appointed on contract basis, shall with effect from the commencement of the ' Similarly, Section 3 of the Regularization Act, 2009 reads as under:-"3 Rsaid Act, be deemed to have been appointed on regular basis. All such persons and the persons appointed On regular basis to a service or post in the prescribed manner after the commencement of the said Act, shall, for all intents and purposes be civil servants, excepts for the purpose of pension or gratuity. Such a civil servant shall, in lieu of pension and gratuity, be entitled to receive such amount contributed by him towards the contributory provident fund, along with the contributions made by Government to his account in said fund, in the prescribed manner".
Regularization of services of certain employees: ' All employees including recommends of the High Court appointed on contract of ad hoc basis and holding that post on 31st December, 2008 or till the commencement of this Act shall be deemed to have been validly appointed on regular basis having the same qualification and experience for a regular post; ' Provided that the service promotion quota of all service cadres shall not be affected."
' In above view of the matter, we find that under the Regularization Act, 2009, the services of all the persons appointed on contract were regularized.
' In view of the fact that validity of the law is not in question and when undisputed and admittedly the respondents were appointed in the prescribed manner, though on contract basis but they otherwise fulfilled the requirements of the Amendment Act, 2005, as well as requirement of Regularization Act, 2009, they were entitled to same and similar treatment as meted out to other similarly placed colleagues of the respondents. Objection that vacancies are not available would be invalid because it is within the power of the Provincial Government to create/sanction additional posts in order to accommodate its contractual employees and to give affect to the Amendment Act, 2005 and Regularization Act, 2009.
' For the foregoing reasons, we find no force in these petitions, therefore, same are dismissed.
Leave refused".
20. There is no plea of respondents that any of the petitioners lacks qualification or some one performance was below average. If the selection process was lawful and legal and the posts are converted to regular side, then doing whole of the exercise of selection once again does not reflects any sense by depriving the experienced employees who may have become over-age by now. Justice should not only be done, but manifestly and undoubtedly should be seen to have been done.
21. The case law cited by learned AAG, that contract employees did not have a vested right for regular appointment, reported in 2013 SCMR 304, is concerned' with utmost respect to the recent judgment, we, have gone through the same but feel sight difference in the present situation as the posts of I. Ts held by petitioner have been converted to regular side where as in the cited case no such posts on regular side were available, para 16 of the said judgment is referred.
22. In addition to the above it was also brought to the notice of this court that as per directions of Governor's, KPK circulated vide letter No. SO- I/1- 1/GS/2012/10935-52/ dated 28.05. 2013, the Competent Authority has issued a notification dated 13.10.2014 whereby services of one Ms.Nazia Zaki, Assistant Directness Sports FATA have been regularized. Copy of the notification dated 13.10.2014 has been placed on file.
23. In view of the above material on record we, are clear in our mind that petitioners were selected as I.Ts teachers after proper advertisement, test and interview conducted by Departmental Selection Committee and have served the department for about 8 to 10 years, without any complaint of unsatisfactory performance, thus have the right to continue against the same post after the conversion of the same in regular budge/side. We allow this writ petition as prayed for with no order as to cost.