Qazi Khalid Ali, Chairman.-- The above appeals have been filed by the Pakistan Railways and Pakistan Post employees/appellants under Section 4 of the Service Tribunals Act, 1973, with the following prayers:--
(a) Regularization of their services on regular basis;
(b) Relief of pay protection and
(c) Benefit of previous service period prior to regularization and consequential relief.
2. Comments/objections have been filed in almost all the appeals by the respondent by stating that the Pakistan Railways formulated new Policy regarding regularization of service `with immedi ate effect' i.e. from 20.02.2012, therefore, the appellants are not entitled for any back benefits according to the Policy dated 20.02.2012.
3. Para-wise comments in Appeal No. 592(P)CS of 2019 and in other appeals were also filed on behalf of the respondent Pakistan Post wherein it was stated that services of the appellant and others were regularized on 31.07.2002 by G.M PL1, Lahore in pursuance of the D.G, Pakistan Post, Islamabad, Memo No. Rectt.12-I/96(Pt)- P-Coll-V dated 29.07.2002, and on 25.07. 2015 the appointing authority regularized his services from the initial date of his appointment i.e. 19.09.1989 in pursuance of order contained in the D.G. Pakistan Post, Islamabad Office Memo No. Admin-I-16/99(VIII) dated 25.05.2015 alongwith all back benefits. The payment of arrears will be made as per policy of the Federal Government and on availability of funds. Hectic efforts for allocation of funds through Ministry of Finance are being made. Almost same comments have been filed in other appeals as well. It was further stated that necessary orders regarding regularization of services from the initial date of appointment alongwith all back benefits has already been issued, regarding payment of arrears to the officials and hundred of others of the similar cases in accordance with Gove rnment Policy . The Federal Service Tribunal had also directed to the respondents in various appeals for their regularization on regular basis from their initial date of appointment with all back benefits, in Appeals No. 79(R)CS/2009 to 83(R)CS/2009 vide order dated 23.07.2010 filed by Qadeer Ahmed and others which was upheld by the Hon'ble Supreme Court of Pakistan in C.P.No. 2243 to 2245/2010. Appeals No. 976(R)CS/2013 to 984(R)CS/2013 filed by Tahir Mehmood and others vide judgment dated 17.11.2015. The benefit of the judgment was also extended to some employees.
4. We have heard the rival arguments of the learned counsel for the parties, perus ed the record and case laws on the subject.
5. The dif ferent Benches of the Tribunal have passed the following judgments in identical appeals:- Judgments dated 10.05.2016, 18.10.2018, 06.08.2018, 28.11.2018, 23.05.2016, 27.03.2019 & 08.05.2019 passed in Appeals No. 68 to 76(R)CS/2013; 4322 to 4334, 4654 to 4658 & 4406 to 4414(R)CS of 2017; 868 to 884(R)CS of 2016; 1465 to 1467, 1469 to 1472, 1474 to 1477, 1468 & 1473(R)CS of 2016; 1402(R)CS/2013; 58 to 63(R)CS/2017; 4040 to 4060 and 4303 to 4308(R)CS of 2017.
Pakistan Railways assailed all the above judgments before the Hon'ble Supreme Court of Pakistan through Civil Appeal Nos.864 to 872/2017 and 1090 to 1116/2019 & 1059 to 1075 of 2019; Civil Petitions No. 324 to 334, 430 & 431 of 2019; Civil Petitions No. 2853 of 2016 & CMA No. 5767 of 2016; Civil Petition Nos. 2104 to 2109 and 2980 to 3006 of 2019 and CMA No. 5918 to 5926 of 2016 titled as Divisional Superintendent Pakistan Railways and others vs. Syed Usman Ali and others. The Hon'ble Supreme Court of Pakistan has been pleased to pass the judgment dated 08.10.2019 in all these appeals and petitions and hold as under: "Therefore the only policy available in the field which .was applicable to the facts of the respondents was Regularization Policy , 2012 under which the respondents have already been regularized by the appellant. As the said policy is with immediate effect i.e. 20.02.2012, the respondents cannot claim the resularization from the date of initial appointment ". (Emphasis supplied)
6. We have also been able to lay our hands at a very recent judgment announced in open Court on 07.08.2020 by the Hon'ble Supreme Court of Pakistan in Civil Appeal Nos.17 to 29 of 2020 filed by Pakistan Railways against the judgment dated 18.07.2019 passed by a Bench of this Tribunal headed by the Chairman, FST in Appeals No. 1885 to 1887(R)CS of 2016 and 1960 to 1969 (R)CS of 2016 titled Sajid Hussain and others. The Hon'ble Apex Court vide judgment dated 09.07.2020 announced on 07.08.2020 has upheld the judgment of this Tribunal dated 18.07.2019 wherein the relief was given with immediate ef fect and not from the date of initial appointment.
7. Indeed, it is well settled of a principle of law, requiring no consideration that the judgment/orders passed by the Hon'ble Supreme Court of Pakistan are binding on the Service Tribunals, High Courts and all the functionaries.
Article 190 of the Constitution of Islamic Republic of Pakistan, 1973 states that "all executive and judicial authorities, throughout Pakistan shall act in aid of the Supreme Court", hence the orders passed in above cases by the Hon'ble Supreme Court of Pakistan have got to be implemented in its true letter and spirit.
8. In view of the above, the appeals filed by the appellants for regularization of their services are accepted and the respondents are directed to regularize their services with immediate effect. The process may be completed preferably within sixty days of receipt of the copy of the judgment.
9. All other appeals filed by the appella nts claiming benefits of past service and pay protection prior to their regularization are hereby dismissed being devoid of merit. However , the appellants may apply to the department for taking benefits as provided under Regu lations No. 371-A of Civil Service Regulations after completion of the qualifying service for pension. Reliance is placed on PLD 2016 Supreme Court 534 (Chairman, Pakistan Railways, Government of Pakistan, Islamabad us. Shah Jehan Shah ).
10. Since all the listed appeals have finally been decided, the M.Ps. No. 1589 to 1602/2017 in Appeals No. 2829 to 2842(R)CS/2017, M.P No. 2124 in Appeal No. 3340(R)CS/2017, M.Ps No. 740 to, 781/2019 in Appeals No. 1005 to 1046(R)CS/2019 and M.Ps No. 1004 to 1013 in Appeals No. 1029 to 1046(R)CS/2019 filed by the employees of Pakistan Railways have become infructuous and the same are disposed of accordingly .
11. No order as to costs. Parties be informed accordingly .