SHER SHAH KASI, CHAIRMAN , Through the instant appeal, filed under Section 4 of the Balochistan Service Tribunals Act, 1974 the appellants have made the following prayer:- "to accept the appeal by directing the respondents to regularize the services of the appellants, in accordance with law ."
2. It is the case of the appellants that they were inducted in Sports Department as Naib Qasid, Mali and Chowkidar in the years 1991 to 2002 and thereafter , on the recommendations of the Depart mental/Selection & Recruitment Committee and with the approval of the competent authority the appellants were appointed as Naib Qasid, Security Guard and Mali in (BPS-1), against the conditional posts released by the Finance Department for already working casual employees in the Directorate of Sports Balochistan/Balochistan Sports Board and their appointments were subject to the following terms and conditions:- "(i) The appointees will remain on probation for a period of one year and the seniority will be in accordance with the seniority determined by the Selection Committee.
(i) ...
(ii) ...
(iv) They will be subject to all rules and regulations prescribed therein by the Government and any other rules/regulations to be enforced by the Government in future."
Thereafter , on submission of salary bills, the respondent No. 3 raised objection that the appellants are overage and cannot be appointed on regular posts, as such, the respondent No. 2 with approval of the competent authority , appointed them on contract basis w.e.f. 01-07-2006, vide order No. SO(Sports)1-4-2/04/593-601, dated 31-05- 2007, feeling aggrieved from the order dated 31-05-2007, whereby , their regular services were converted into contract, the appellants approached the Provincial Ombudsman, Balochistan by filing case No. 14614- 16/2014/PMS, which was disposed of as the same was beyond the jurisdiction of the Provincial Ombudsman, vide order dated 21-12-2015. Thereafter , the appellants filed their departmental appe als on 26-01-2016, before the respondent No. 1, which remained respo ndent, lastly the appellants approached this. Tribunal on 29-04- 2016, by filing instant appeal.
3. The learned counsel for the appellants while arguing the matter , mostly relied on the points raised in the appeal and contended that non-considering the appellants regularization in Sports Department by the respondents, is contrary to facts, law and rules as the appellants were inducted in Sports Department, Balochistan as Class-IV employees on contract basis in the years 1991 to 2002 and till date they are discharging their duties, and by the passage of time their services must be considered for regularization, whereas, the Hobble Supreme Court has not appreciated rather discouraged the practice of government departments, who hire the services of poor people by issuing appointment letters on contract basis, just to defeat the legal provisions applicable therein, and in fact this device is based on mala fide which is being used to deprive the poor employees who served the department for years, and this practice has been criticized by the Honble apex Court by regularizing the services of the contract employees. Finally , the learned counsel for the appellants has prayed for directin g the respondents to regularize the services of the appellants, in accordance with law .
4. The respondent Nos. 1 & 2 contested the appeal on legal and factual grounds by filing their Para-wise comments, whereas the respondent No. 3 relied upon the PLC of respondent Nos. 1 & 2. The respondent Nos. 1 & 2 in their PLC contended that during the financial year 2016, the appellants were regularized into service against the vacancies created by the Finance Department for regularization of casual employees, but the Accountant General of Balochistan refused to enterta in the joining reports of the appellants, due to the reason that they being overage are not eligible to be appointed against regular posts. However , as per minutes of the meeting, held on 01- 06-2006, despite of getting maximum age relaxation of ten years, the appellants did not qualify the age criteria, therefore, the Sports Department in such state of affairs appointed them on contract basis for two years extension pattern, after seeking approval of the Finance Department and in this way their services become renewed after every two years, moreover , the Director Sports, Balochistan has proposed that their cases may once again be forwarded to S&GAD & Finance Department for guidance and export opinion vide letter No. DS.1-59/2016/3304, dated 10-03-2016. Finally , the respondent Nos. 1 & 2 have prayed that the appellants were appointed on contract basis, hence they cannot claim for regularization on permanent basis even after getting maximum age relaxation of ten years by the Government of Balochistan, they are coverage and cannot qualify the age criteria.
5. On the other hand, learned AAG vehe mently opposed the contentions raised by the counsel for the appellants and stated that the appellants being overage are not entitled for regularization of their services, and they do not qualify the age criteria prescribed for the regular posts released by the Finance Department for already working casual employees in the Directorate of Sports Balochistan/Balochistan Sports Board. He also stated that no injustice or discriminatory treatment has been done, as such, the appeal being without any merit is liable to be dismissed.
6. We have heard learned counsel for the parties and also perused the record in the light of submissions made before us.
7. The only contention of the respondents is that the appellants being overage are not entitled for regularization of their services, and they do not qualify the age criteria prescribed for the regular posts released by the Finance Department for already working casual employees in the Directorate of Sports Balochistan/Balochistan Sports Board, hence their services cannot be regularized with effect from the date of appointment on contract basis, but perusal of the record shows that on the recommendations of the Departmental/Selection & Recruitment Committee and with the approval of the competent authority the appellants were appointed as Naib Qasid, Security Guard and Mali in BPS-1, against the conditional posts released by the Finance Department for already working casual employees in the Directorate of Sports Balochistan/Balochistan vide order No. Sports) 4-9/06/101 1-14, dated 28-.06-2006, and thereafter , the appellants were appointed on contract basis w.e.f. 01-07-2006, vide order No. SO (Sports)1-4-2/04/593-601, dated 31-05-2007, for the reason of being overage, hence were not considered for appointment on regular posts.
8. In this view of the matter , we are of the firm opinion that under these facts and circumstances a right had come to vest in the case of appellants on issuance of appointment letter and more-so after joining the service. In the case of Ghulam Murtaza v. Federation of Pakis tan [2011 PLC (CGS) 709] passed by learned Division Bench of Sindh High Court placing reliance on the case of Jabber Malik v. Province of Sindh and others , last mentioned judgment was also upheld by the Hobble apex Court in Civil Petition Nos. 426-K to 436-K of 2008, and it was held that a vested right is created and appointment letter could not be withdrawn. Similar view was taken in the earlier decision of the same Court by another learned Bench reported as Mohammad Farooq Memon v. Government of Sindh [1986 CLC 1482].
9. Furthermore, once a right is accrued to the appellants by appointment letter issued and after complying with all the coal formalities cannot not be taken away from them on mere assumption and or supposition and whims and fancy of any executive functionary . Such right once vests, cannot be destroyed or withdrawn as legal bar would come into play under the doctrine of locus penitential , well-recognized and entrenched in our jurisprudence.
10. For the foregoing reasons, we accept the appeal and direct the respondents to regularize the services of the appellants from the date when they were appointed against the regular posts without any back benefits. File after completion be consigned to record.