Through this Intra Court Appeal filed under Section 3(2) of the Law Reforms Ordinance, 1972 (the "Ordinance "), the Appellants have challenged the validity of impugned order dated 20.01.2017 passed in Writ Petition No.1713. of 2017 by the learned Single Judge (the "Impugned Order ") whereby the Constitutional petition filed by the Appellant was dismissed.
2. Learned counsel for the Appellant mainly contended that the impugned order is against law and facts; that the learned Single Judge has not appreciated the real fact in its true perspective; that Notification dated 13.04.2013 issued by the Respondent No.2 has also been ignored by the learned Single Judge-in-Chamber while passing the impugned order; that fundamental rights of the Appellant are being violated, there fore, interference by this Court has been sought. He relied on "Muhammad Nawaz v. Federation of Pakistan and 61 others" (1992 SCMR 1420 ) and "Jawaid Ghafoor v . Pakistan Civil Aviation Authority and another" (2010 PLC (C.S.) 276).
3. Learned Law Officer appeared and vehemently controverted the arguments advanced by the learned counsel for the Appellants and submitted that the impugned order has been passed strictly in accordance with the law, therefore, does not warrant any interference by this Division Bench. He also prayed for dismissal of this Appeal.
4. We have heard the arguments and have perused the record.
5. Record reveals that the Appellants were initially appointed on contract basis in year 2007 which was extended from time to time and after its expiry , the Respondents 'did not further extend the contracts rather re-engaged them on daily wages. The Appellants, during services on daily wages, requested for regularization which was turned down by the Respondents on the basis of letter dated 30.05.2013 issued by the Punjab Medical Faculty . Learned counsel for the Appellants argued that the Appellants are entitled for the regularization on the basis of Notification dated 30.04.2013 and also discriminatory treatment is meted out with them by the Respondents by appointing other persons. We have noted that the Appellants for the first time filed applications for regularization of their services on 15.05.2016 and 16.05.2016 and a direction was sought by them through W.P. No.26227 of 2016 for decision thereof pursuant to which order dated 05.12.2016 was passed and assailed through writ petition W.P.
No.1713 of 2017. It also evinces from record that the Appellants were re-engaged on daily wages vide Office Order dated 21.06.2014 for a period of 89 days which was extended from time to time and lastly it was extended vide Office Order dated 28.02.2017. These facts candidly clarify that the Notification is not applicable to the case of the Appellants as the Respondents have regularized the services of those persons who were in service under a contract while the Appellants' contracts were not extended rather they were re-engaged on daily wages in year 2014. The learned Single Judge in Chamber in the impugned order observed as under: "The Medical Superintendent LGH (Respondent No.4) while declining request of the Petitioners for regularization has referred to the communication betwe en LGH and Punjab Medical Faculty regarding status of diplomas issued by SDC. On the move of Respondent No.4 the Punjab Medical Faculty informed that on the request of Ministry of Labour and Manpower , Government of Pakistan, the matter was taken up by the governing body which decided that SDC should not be granted affiliation of its courses due to the fact that the admission criteria of the said Council was entirely different from that of Punjab Medical Faculty ."
6. So far as the case law cited by the learned counsel for the Appellants in support of his contention is concerned, the same is distinguishable from the case in hand as each and every case has its own facts and circumstances hence cannot be relied upon.
7. Furthermore, learned counsel for the Appellants has failed to convince us with cogent reasons to set aside the impugned order and to show any illegality or perversity in the same which warrants any interference by us. We agree with the impugned order as the same has been passed in accordance with law and the dictum laid down by the Hon'ble Supreme Court of Pakistan.
8. In view of above, the instant appeal, being devoid of any merit, is hereby dismissed.