MALIK HAQ NAWAZ, C.J.---Through this single judgment, we inten d to dispose-of f Writ Petition bearing No.98 of 2020 and Contempt Petition bearing No.09/2020 being of fshoot of a single matter .
2. The W rit Petition No.98/2020 has been moved by the petitioners with the prayer which is reproduced as under:- "It is therefore, humbly prayed , that:-
(i) This Hon'ble Court may kindly be pleased to issue cancellation orders of the impugned notification No. SEC- WSO- 1 (19)/2020/ 1469 dated 13th May 2020 and impugned corrigendum No. SEC-W -SO-1 (19)/2020/1481 dated 13th May 2020.
(b) Respondents may kindly be restrained from making such like illegal acts in future.
(c) Any other relief which this Hon'ble Court deems fit and proper may also be granted in favour of the petitioners to meet the ends of justice.
3. The petitioners along with writ petition have also filed a C.M. No.187/ 2020 for suspension of operation of impugned notifications referred above.
4. Facts of the case as per record are that the respondents 2 and 3 i.e. Secretary Works Gilgit-Baltistan Gilgit and Deputy Secretary Works Gilgit-Baltistan Gilgit in W.P. No.98/2020, issued notification bearing No.SEC-WS0- 1(19)/2020/1469 dated 13th May 2020 and corrigendum bearing No. SEC-W -SO-1(19)/2020/1481 dated 13th May 2020, wherein respondent No.4 Mr. Irshad Hussain is assigned professional engineer work by posting him as Executive Engineer B&R Division Gilgit-Baltistan PWD Skardu being diploma holder .
5. While considering C.M. No.1`,7/ 2020 in W.P. No.98/2020, this Court ordered to maintain status quo till 22.06.2020 vide order dated 18.05.2020, but the respondents of contempt petitio n violated status quo order and respondent No. l/contemnor Irshad Hussain issued cheques amounting to billion of rupees, whereas respondent No.2/contemnor Ghulam Rasool, SE Ghanche/Kharmang accepted joining report of respondent No. l/contemnor .
Thus the petitioners moved contempt petition bearing No.09/2020 in W.P No.98/2020 for initiation of contempt proceedings against them.
6. Learned counsel for the petitioners submitted that the respondents 2 and 3 of writ petition have assigned professional engineering work to respondent No. 4 who is a diploma holder and this act of respondents 2 and 3 is against the provisions of section 27(v)(a) of Pakistan Engineering Council Act, 1976. The learned counsel further submitted that the act of respondents 2 and 3 is also against the judgment dated 03.10.2018 of the Hon'ble Supreme Court of Pakistan. The learned counsel contended that the impugned notifications are based on mala fide intention and have no legal force. The learned counsel requested to recall both the notifications considering illegal and against the law .
7. On the other hand, learned counsel for the respondents/contemnors contended that the impugned notifications have been issued by the competent authorities by following the legal procedur e. The learned counsel further argued that the matter belongs to posting of an employee, thus this court cannot' exercise writ jurisdiction.
8. We have considered the arguments of the learned counsel for the parties and perused the record of the case.
9. On 16.05.2020, the petitioners Mazhar Hussain and 10 others filed Writ Petition No.98/2020 against transfer/ posting of respondent Irshad Hussain, Executive Engineer B&R Division Gilgit-Ba ltistan PWD Skardu. The above writ petition came before this Court on 18.05.2020 and on the request of Mr. Amjad Hussain Advocate, learned counsel for the respondents, status quo was maintained as the learned counsel for the respondents stated at bar that the respondent No.1/contemnor will face financial hardships if not allowed to remain in his present place of posting. The request was allowed and status quo was maintained and respondent/contemnor was also present in the Court at the time of passing of status quo order .
10. Later on, the petitioners filed a contempt petition against the respondents/ contemnors Irshad Hussain and Ghulam Rasool, Superintending Engineer Ghanche/ Kharmang on 04.06.2019. Prayer section of contempt petition is reproduced as under: "It is, therefore, humbly prayed that by accepting this petition, the respondents may kindly be dealt with the contempt of court proceedings for violating the status quo order of this Hon'ble Court dated 18.05.2020 to meet the ends of justice."
11. Today both respondents/contemnors appeared before the Court and submitted unconditional apology through their counsel and requested to take a lenient view .
12. We, in the matter deliberated and came to the conclusion that after giving an undertaking before this court, that the respondent/contemnor No.1 Irshad Hussain will remain at the previous place of his posting and then alternatively he joined his duties at Skardu is defiance of the Court order which was unwarranted, and which is not a routine matter and cannot be inquired. On the request of learned counsel for the respondents/contemnors, we accepted their unconditional apology with a heavy heart, but we decided that in the circumstances of the case, it would be just and proper to recall the posting order No. SEC-WSO-1(19)/2020/1469 dated 13th May 2020 and corrigendum No. SEC-W -S0- 1'(19)/2020/1481 dated 13th May 2020 of respondent/contemnor No.1 because of unwarranted conduct of the respondent/contemnor No. 1.
13. Mr. Ghulam Rasool, Superintending Engineer Ghanche/Kharmang is warn to be careful in future as he pocked his nose in the affairs of others, which under law as was not competent to accept the joining report of respondent/contemnor No.1 who was posted to Skardu Division and there were no orders in field, whereby such powers were vested with respondent/contemnor No.2, who is Chief Engineer of Ghanche/Kharmang Sub-Division.
14. Respondent / contemnor No.1 Mr. Irshad Hussain is directed to report at his previous place of posting i.e. Executive Engineer (Design) office of the Chief Engineer GB PWD Gilgit with immediate effect. Respondent No.1/ contemnor is further directed to submit compliance report in the of fice of Registrar of this Court within three days:
15. Writ Petition No. 98 of 2020 along with Civil Miscellaneous No. 187 of 2020 and Contempt Petition No. 9 of 2020 are disposed-of f accordingly .