' Waqar Ahmed Seth, J.--Through this constitutional petition, petitioner Muhammad Kamran seeks the indulgence of this Court with the prayer that he may be declared as regular employee or if not held. Entitled may be re-instated to the post of Key Punch Operator in the Development of Fisheries in Dams Reservoir & Water Harnessing Basins in FATA, Directorate of Fisheries, FATA Secretariat.
2. In essence, the case of petitioner is that, in pursuance to the advertisement and upon recommendation and approval of the Departmental Recruitment Committee, the petitioner on 20- 11-2007 was appointed as Key Punch Operator in BPS-10 on contract basis in the developmental scheme "Development of Fisheries in Dams Reservoir & Water Harnessing Basins in FATA and on expiry of contract vide order dated. 14-06-2010 his services were terminated. Thereafter on 8-11- 2010 he was again appointed on contract basis till the completion of project life and vide office order dated 01.06.2013 his services were again terminated, however it is asserted by the petitioner that during service he came to know that he has been paid salary from another developmental project namely "Promotion of Farm Fisheries in Khyber Agency", instead of Development of Fisheries in Dams Reservoir & Water Harnessing Basins in FATA, therefore, he moved application which is Still pending. It is averred that during that period the Regularization of Services Act No, XVI of 2009 was promulgated and petitioner Moved several applications for re-instatement / regularization, but in- vain, therefore, having no other adequate and efficacious remedy has filed the instant writ petition.
3. Comments were called from respondents which they furnished and stated that petitioner appointed in Directorate of Fisheries FATA as KPO with effect from 21.11.2007 to 30.6.2010 and on expiry of contract his services were terminated. Further stated that petitioner was against illegally adjusted in another developmental scheme titled Promotion of Farm Fisheries in. Khyber Agency by the then Director Fisheries FATA and on completion of same developmental scheme the services of petitioner were again= terminated with effect from 30.6.2013 on completion of the project and according to the agreement signed by the petitioner his sendees could be terminated at any time without assigning any reasons on 14 days prior notice, irrespective of the fact that he is holding a post other than the one to which he was original recruited. That on expiry of his contract vide order dated 14.6.2010 his contract was terminated before revision of the scheme and after revision of the scheme, the posts were duly advertised by the department but the petitioner did not submit application for appointment and the department appointed Respondent No, 4 Miss Sania Harneed after completion of all codal formalities.
4. We have heard learned counsel for the parties and perused the available record.
5. Record is suggestive that petitioner served as Key Punch Operator in Directorate of Fisheries FATA from 21.111007 to' 30.06.2010 and later on his service were terminated on 14.06.2010, but was adjusted in another developmental scheme title Promotion of Farm Fisheries in Khyber Agency, against the project posting policy. On completion of said development scheme the services of petitioner were again terminated with effect from 30.06,2013. The appointment against the project post through a contract agreement and after completion of the project period his service stand terminated, cannot be called in question as the same were contractual in nature.
6. As per terms and conditions of the contract agreement the services of the petitioner cannot be terminated even without assigning any reasons on 14 days prior notice, however, his services stands terminated due to completion of project. Record suggests that the scheme / project stands revived and all the post were advertised by the department but it appears that petitioner did, not submit any application for appointment and Respondent No, s was appointed by the duly constituted Departmental Selection committee, after completion of all codal formalities.
7. Record is further suggestive that petitioner was adjusted against project and at present he is holding that post. Since the appointment of Respondent No, 5 after the revival of the project has been made after observing all the codal formalities, i,e, advertisement, test interview and by the duly constituted selection committee and as such the same cannot be set aside at stage. Even on merits, Respondent No, 5 was competent and eligible
8. For the reasons recorded herein above this writ petition being devoid of any legal substance is- hereby dismissed.