MUHAMMAD YOUNIS THAHEEM, J:- Through our this judgment we propose to decide the instant writ petition filed by the petitioners for their regularization with the following prayers:- "That on acceptance of this writ petition, an appropriate writ may kindly be issued to the effect that the respondents may kindly be directed to treat the petitioners as regular employees for all intent and purposes and issue formal regularization order with all back benefits. Any other relief which has not been specifically prayed for and deemed fit and appropriate by this Hon'ble Court in the circumstances may graciously be granted."
2. Brief facts of the case are that petitioners were appointed after observance of codal formalities by the Selection Committee for "Safe Blood Transfusion Project" which is run with provincial public fund of Khyber Pakhtunkhwa and Government of Federal Republic of Germany. The posts were sanctioned by Finance Department of Khyber Pakhtunkhwa. In this respect the comments from respondent No.2 were called, who submitted their respective comments. The relevant para No.1 & 3 of the comments are reproduced as below:-
1. "Correct. The petitioners were appointed on contract basis in accordance with project policy. Petitioner No.13 was appointed in the year 2014 whereas petitioner No.14 was appointed in the year 2012. The rest were appointed in the year 2015. The terms and conditions of appointment letters provides that "on completion of the project, their services will stand terminated however, they will be re-appointed on need basis, if the project is extended over any new phase or phases." The petitioners are still performing their duties in the project. The life of the project will end in June, 2017.
3. Para 3 of the petition is misleading and incorrect. The creation of posts in the year 2016 have no concerned with the project. The project has not completed its life and the petitioners are still in employment of the project."
3. Arguments heard and record perused.
4. From the perusal of record it reveals that the project for "Safe Blood Transfusion" was initiated/established with the financial aid of Provincial Government of Khyber Pakhtunkhwa and the Government of Germany and for effective functioning of the project, different posts were required which were advertised and different candidates fulfilling the qualifications and conditions for the relevant posts, applied and after necessary test and interview were recommended by the Selection Committee for the advertised posts; so, petitioners were appointed after adopting due process of law against their respective posts and are still performing their duties in the project. It is admitted position that some petitioners were appointed in the year 2012, some in the year 2014 and 2015.
5. From the perusal of Notification No.SBTP/SNE/2015-16 dated 29.01.2016, the Project Director respondent No.6 requested respondents No.1& 2 for the creation of certain posts on the completion of project on 30 June 2016. The relevant operative part of the said notification is reproduced as below:- "On completion of the project, it will provide infection free safe blood/products to six Hospital Blood Banks (LRH,KTH,HMC,IKD, City Hospital and Maternity Hospital Peshawar) on 24 hours regular basis. The project is going to be successfully completed on 30t June 2016. As per approved PC-1, the RBC will function on permanent basis. In light of decisions of the Central Development Working Party (CDWP) meeting held on 18t March, 2010 reproduced "at the conclusion of the life of the PC-1, PC- IV shall be submitted to Finance Department and all the human resource shall be put on regular footings recurrent budget."
6. In this respect PC-1 and development working plan was chalked out with the creation of posts alongwith salaries even with the names. Respondent No.2 apprised the Finance Department vide letter No.BVI/FD/4- 95/2015-16 dated 01.07.2016 for "Regional Blood Transfusion Center" Peshawar with effect from 1st July 2016.
7. The petitioners individually submitted their applications for regularization of their services to the respondents in the light of approved PC-1, Central Development Wording Party (CDWP) decision and judgment of this Court in W.P No.3879/2010 but according to the submissions made before us by the learned counsel for petitioners, respondents are adamant by filling said posts by appointing some other persons of their choice by re-advertising the same vide letter dated 04.01.2017.
8. We have considered the submissions made by both the learned counsel for the parties, perused the available record and reached to the conclusion that respondents instead of regularizing the already employed and experienced staff/petitioners are intending to advertise the same posts for fresh appointments which will be injustice to the already working experienced staff/petitioners, so we allow this petition in terms that if project continues to regular budget then the petitioners are deem to be permanent employees of the respondents till the life of the project.