MAQBOOL BAQAR, J. ---The petitioners, through the instant petitions have assailed the judgment dated 15.12.2016, in terms whereof a learned Division Beach of the High Court of Sindh whilst allowing the petitions of the respondents directed the petitioner No. 2 to regularize the services of the respondents in terms of Cabinet Sub-Committee decision dated 13.3.2013.
2. Brief facts of the case are that the respondents who were appointed by petitioner No. 2 and performing their duties as teacher and non-teaching staff in Pakistan Steel Cadet College, on contract basis for the last many years had approach the High Court of Sindh for regularization of their services. They sought similar treatment in the matter as was meted out to the petitioners in CP No. D-3272 of 2011. In their comments the petitioner No. 2 contended that since the respondents are employees of petitioner No. 1 Trust, the office memorandum for regularization of contract employees on the basis whereof this Court ordered regularization of the petitioners in CP No, 3272/2011 does apply to the present respondents. The contention is wholly misconceived and absolutely untenable and was otherwise not available to the present petitioners for the reason that in CP No, D-3272/2011, the present petitioners raised the same objection and it was after thorough discussion on this issue, that the learned Division Bench rejected the objection and held that the employee working in the Pakistan Steel Cadet College, are in fact the employees, of the petitioner No, 2, which petitioner cannot take refuge under the umbrella on petitioner No 1, by refusing benefit to such employees. Though the judgment was challenged before this Court through Civil Petition No, 1638 of 2012, but the petitioner No, 2, instead submitted a statement that the judgment; in CP D3272/21)11 will be implemented by the petitioner's letter and spirit, the petition was thus dismissed as withdrawn.
3. The other pretext for not regularizing the respondents was that the office ffItZ10. dated 29.8.2008, issued by the respondent No, 26 (Federation of Pakistan), which required regularization of the service of the employees of the Federal Ministries/Divisions/Attached Departments, Subordinate offices Autonomous, Semi-Autonomous Bodies/Corporations, was for the benefit of employees in BS-1 to BS-15, and is not applicable to their present respondents, however, in so pleading the present petitioners have ignored the minutes of the meeting of the Cabinet Committee dated 07.2.2011 and minutes of the meeting of the Cabinet sub-committee on regularization, inter alia, of contract employees in Ministries/Divisions/Attached Departments/Autonomous Bodies/Organizations held on 13.3.2013, relevant paragraphs whereof, for the ease of reference are reproduced below:-- "MINISTRY OF PRODUCTION
236. The representative of the Ministry of Production/Secretary Pakistan Steel Mills informed the Cabinet Sub-Committee that there are certain contract/daily wages employees in the Cadet 'College and other educational institutions of the Steel Mills at Karachi who have served for more than one year and whose services are required to be regularized.
DECISION
237. The Cabinet Sub-Committee discussed and directed that the services of all the contract/daily wages employees (teaching and non-teaching staff) of the Cadet, College and other educational institutions of Pakistan Steel Mills Karachi, who have served for more than one year should be regularized subject to fulfilment of criterion and availability of posts under intimation to the Establishment Division."
4. As can be seen from the foregoing, the above decision is not restricted to any scale or grade, and no such restriction can be read therein by any stretch of imagination and is therefore equally applicable to the employees of all grade and scales including the present respondents, who were thus rightly granted such relief through the impugned judgment. We therefore do not find any lacuna in the impugned judgment justifying our interference in the matter, the petitions are therefore dismissed.