ALI BAIG, J.----This writ petition has been filed under. Article 71(2) of the Gilgit Baltistan (Empowerment and Self Governance Order) 2009 read with enabling articles of the Constitution of Islamic Republic of Pakistan 1973 by the petitioners seeking the following remedies.
(a) The respondents may be directed to initiate departmental proceedings for DPC of the petitioners giving its effect from 2007 as the petitioners have completed the required length of service in BPS-17 (5 years) in the year 2007 and have become eligible for promotion in BPS-18.
(b) Any other relief in the circumstances, this Honorable Court deems fit and proper to meet the ends of justice and equity.
2. This consolidated judgment shall dispose of two writ petitions bearing No, W.P. 112/2017 and W.P.
No,55/2018 as common question of law and facts are involved in both the writ petitions.
3. Brief facts giving rise to the instant writ petition are that the respondents had sent a requisition to the Federal Public Service Commission to advertise of 29 posts of Principles/Headmasters/ Headmistress/Senior Teachers and Instructors (male and female) BPS 18 for initial appointment.
Feeling aggrieved by the aforesaid requisition the petitioners have filed the instant writ petition claiming that as per Recruitment Rules of Education Department the posts of BPS 18 in the relevant cadre are to be filled in 75% by promotion and 25% by initial appointment. "The promotion against departmental quota to be made first and direct recruitment lates" while the respondents are bent upon to fill the posts through initial recruitment first in violation of the above settled principle which action of the respondents is detrimental to the rights of the petitioners as they will be declared junior to those who join the department through direct recruitment.
4. The learned counsel appearing on behalf of the petitioners contended that the petitioners are entitled to be promoted against the posts of Headmasters/Headmistress/Senior Teachers and Instructors BPS-18 but the respondents are reluctant to promote the petitioners against the above mentioned posts. The learned counsel for the petitioners further argued that before exhausting departmental quota the respondents have sent requisition to fill in the posts of Headmaster/Headmistress and other posts to FPC for appointment against the quota of initial appointment which is illegal and against the rights of the petitioners, therefore, directions may be issued to the respondents to promote the petitioners against the disputed posts first.
5. On the other hand the learned Assistant Advocate General G.B and Muzafar Ali, Assistant Legal Advisor while representing the respondents controverted that the arguments advanced by the learned counsel for the petitioners by contending that the petitioners have no locus standi to file the present writ petition in this court as departmental quota of posts of Headmasters/Headmistresses and Instructors have already been exhausted/filled-in and Senior Headmasters and Headmistresses and others have been already promoted to Posts of BPS-18 in accordance with their seniority cum fitness vide Notification No,SO(S)-1-1(35)/2015 dated 12-6-2015.
The learned Assistant Advocate General and Mr. Muzafar Ali Legal Advisor Education Department further argued that the petitioners, have not come in the court with clean hands as they have concealed the fact that the Senior Teachers/Headmasters and Headmistress and others have already been promoted to the posts of BPS 18 against departmental quota of 75%. The learned A.A.G and Legal Advisor Education Department further argued that this a purely service matter and this court has lacks jurisdiction to entertain this writ petition as the service Tribunal has jurisdiction to entertain appeal of the present petitioners.
6. We have carefully considered the submissions made by the learned counsel for the parties and with their able assistance gone through the record available on file.
7. For ease and convenience first of all we would like to reproduce the method of appointment to the post of Headmasters/Headmistress/ Senior Instructors and Principals BPS 18 contained in Recruitment Rules/SRO No, 955(1)/2009 dated November 6, 2009 as below:- METHOD OF APPOINTMENT:- 2 The method of appointment to the posts shall be as under:-- S.No,Designation and BS of the posts Method of appointment in percentage By promotion (%) By initial appointment (%)
(1) (2) (3) (4)
1 Principal (BS-20) 100% -- 2 Principal/Vice Principal/ Senior Headmaster/Senior Headmistress (BS-19)75% 25% 3 Headmaster/Headmistress/ Senior Instructor/Assistant Headmaster/Assistant Headmistress/Vice Principal (BS-18)75% 25% 4 Headmaster/Headmistress/ Instructor/Trained Graduate Teacher/Trained Graduate Science Teacher (BS-17)50% 50% 5 Lecturer (College of Education) (BS- 17)--- 100% 6 Trained Graduate Teacher/Trained Graduate Science Teacher/Instructor (BS-16)50% 50% 7 Director/Directoress, Physical Education, (BS-16)50% 50% Librarian, (BS-16) 100% --- And method of appointment to the posts of Headmasters and Senior Teachers as per fresh Recruitment Rules notified vide S.R.O. No,538(1)/2014 dated June 17, 2014: METHOD OF APPOINTMENT:-
2. The method of appointment to the posts shall be as under:-- S.No,Designation and BPS of the posts Method of appointment in percentage By promotion By initial appointment
(1) (2) (3) (4)
1 Principal/Senior Headmaster/Senior Headmistress (BS-20)100% --- 2 Principal/Vice Principal/Headmaster/Headmistress (BS-19)65% 35% 3 Principal/Headmaster/ Headmistress/Senior Teacher (ST) (BS-18)35% 65% 4 Headmaster/Headmistress/ Secondary School Teacher (SST) (BS-17)100% --- 5 Subject Specialist (SS) (BS-17) -- 100% 6 IT Teacher/Instructor (BS-17) -- 100% 7 IT Teacher/Instruction (BS-16) -- 100% 8 Trained Graduate Science Teacher (TGST), Trained Graduate Teacher (TGT) (BS-16)70% 30% 9 Physical Education Teacher, (BS-16) -- 100% 10 Oriental Teacher, (BS-16) -- 100% 11 Librarian, (BS-16) 100%
8. From the perusal of above mentioned method of appointment against the disputed posts, it reveals that as per SRO No,955(I)/2009 dated 6th November 2009 the posts of relevant cadre are to be filled in 25% by initial appointment and 75% by departmental promotion and under rule 2 of the recruitment rules notified vide SRO No,538 (1)2014 dated 06-6-2014 the posts of relevant cadre /disputed posts are to be filled in 65% by initial appointment and 35% by promotion. After approval of afore mentioned Recruitment Rules of Education Department G.B, the Education Department has promoted 71 Senior Teachers/Headmasters and Headmistress against the said posts in accordance with Recruitment Rules notified in 2009 as evident from the notification bearing No, SO(S)-1-1(35)/2005 dated 12th June 2015 and thereafter the respondents have sent requisition of 29 vacancies of Principal, Headmasters, Headmistress and Senior Teacher Instructors (BPS-18) to FPSC which are meant for initial appointment in accordance with the above mentioned notified recruitment rules as such the petitioners have no locus standie to seek promotion against the aforesaid posts/vacancies, as vacancies/posts meant for promotion quota have already been exhausted by promoting Senior Teachers/Instructors, Headmasters and Headmistress vide Notification No, SO(S) 1-1(35)/2005 dated 12-6-2015, hence the present petitioners are not entitled to be promoted against the disputed vacancies/posts.
9. Moreover the petitioners namely, Mst. Zahida Bano, Mst. Shumalia Khatoon and Aniqa Muheet have been appointed against the posts of Head Mistresses BPS-17 vide notification dated 9th April 2014 on the recommendations of Federal Public Service Commission Islamabad and they have yet not completed 5 years service in BPS-17 which is pre-requisite condition/eligibility for promotion to the post of Head Mistress (BPS-18).
10. In view of what has been discussed above, this writ petition being devoid of merits is dismissed accordingly. Certified true copy of this judgment be placed on Writ Petition file No,55/2018. File after its due completion be consigned to record.