Through the instant intra Court appeal, the appellants impugn the judgment dated 03.08.2021 passed by the learned Judge-in-Chambers, whereby writ petition No.17/2021 filed by the appellants, was dismissed as not maintainable. Through the said writ petition, the appellants / petitioners had sought a direction to respondent No.1 (National Police Foundation (Security Services), Islamabad) to regularize their services.
2. In the writ petition, it has been pleaded that respondent No.1 is a subsidiary of the National Police Foundation ("N.P.F."). The appellants did not bring on record any document showing the manner in which respondent No.1 was established. Merely because respondent No.1 is a subsidiary of the N.P.F. would not ipso facto make a writ petition filed by the appellants / employees of respondent No.1 against respondent No.1 maintainable.
3. The question whether a writ petition is maintainable against the N.P.F. came to be considered by this Court in writ petition No.1573/2010, titled "Dr. Muhammad Aslam Khaki Vs. Khawaja Khalid Farooq Khan, etc." Vide judgment dated 05.07.2017, this Court held that a writ petition against the N.P.F. was not maintainable. In this regard, the relevant portion of the said judgment is reproduced herein below:- "16. The preliminary objection on maintainability of the petition requires to be addressed at the first instance because according to respondents the National Police Foundation is not a person performing functions in connection with the affairs of Federation; therefore, the Writ Petition is not maintainable. Admittedly , the foundation is a trust, established & registered under Charitable Endowment Act, 1890 with the objects to provide welfare schemes for the serving & retired members of the police force and their dependents. The foundation retains character of a trust which functions on the basis of no profit no loss for its beneficiaries. Its constitution envisaged the administration of foundation through committee of administration which comprises several officers including Secretary Ministry of Interior & D.G. FIA as Ex Officio Chairman & Members. However , the objects and aims set in the Constitution of Foundation do not relate to functions of federation. The foundation is neither a department of Federal Government nor an autonomous body created through a statute, theref ore, cannot be called a person performing functions in connection with the affairs of federation within the meaning of Article 199 of the Constitution. It is clear from record that neither the functions assigned to the foundation pertain to the sovereign functions of the state nor does it receive funds from the state for achievement of its aims and objectives. The Hon'ble' Supreme Court in case titled as "Salah-ud-Din Vs Frontier Sugar Mills & Distillery Ltd.: [PLD 1975 SC 244] held that "private organizations or persons as distinguished from Government or semi-Government agencies and functionaries cannot be regarded as persons performing functions in connection with affairs of Federation or Province simply because their activities happened to be regulated by laws and by State."
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18. The above discussion leads to the conclusion that present writ petition as well as connected petitions mentioned in Para-1 suffer from maintainability , therefore, the cause of action about purported illegal creation of plots cannot be adjudged as it might prejudice case of either party before the Court of competent jurisdiction.
19. In view of above, the referred petitions are dismissed due to lack of jurisdiction with observation that petitioners may avail remedy before the Court of competent jurisdiction. No order as to costs."
4. Earlier the Division Bench of this Court in judgment dated 28.03.2016 passed in I.C.A. No.218/2015 had also held that the N.P.F. is not a person performing functions in connection with the affairs of the Federation and, therefore a writ petition against the same is not maintainable. The relevant portion of the said judgment is reproduced herein below:- "6. Having perused the relied judgment, it is observed that in the said writ petition, the objection to the maintainability of writ petition was neither specifically agitated nor was discussed. In a number of reported judgments of the Hon'ble Supreme Court e.g. PLD 2011 SC 132 & 2001 SCMR 1890 , it is held that the Charitable Trust are not amenable to the jurisdiction under article 199 of the Constitution of Islamic Republic of Pakistan. We restrain ourselves from giving any observation about the act of the cancellation of the plot of the respondent No.1 by the appellants on the pretext of the outstanding amount of Rs.600/- as same may prejudice case of the parties and it is the domain of the court of ordinary jurisdiction after recording of evidence.
In view of above discussion, the instant appeal is allowed and the impugned judgment is set-aside and writ petition is hereby dismissed. "
5. We have been given no reason to take a view different from the one taken by this Court in the above referred judgments regarding the maintainability of a writ petition against the N.P .F.
6. In view of the above, this appeal is dismissed in limine . The appellants are at liberty to agitate their grievance against respondent No.1 before the appropriate forum.