ROOH-UL-AMIN KHAN, J.---Through this common judgment, we propose to decide the instant writ petition, filed by Qaiser Shah and six others, the petitioners, and connected W.P. No.4335-P/2020, filed by Naveed Ullah etc, the petitioners, as the bone of contention between the parties in both the cases is one and the same.
2. Facts in brief forming the background of the instant writ petition are that petitioners were appointed in the respondents department against vacant posts of Class-IV , namely , Ward Attendant, Chowkidar and Driver , on the recommendations of the Departmental Selection Committee (DSC), held on 11.06.2020, through Daftar-e- Rozgar/Employment Exchange concerned. The petitioners served the department for about two months, when all of a sudden their appointments orders were withdrawn by the Medical Superintendent DHQ Hospital Charsadda/respondent No.3, due to political pressure vide impugned order dated 09.02.2020.
3. Grievance of the petitioners in the connected Writ Petition No.4335-P of 2020, is that they being registered prior in time then the petitioners in the W.P. No.3987-P/2020 with the Employment Exchange, Charasadda, also applied for their appointments against the said posts of Class-IV in the respondents department, but the respondents instead of them, illegally appointed petitioners of W .P. No.3987-P/2020 without their due turn.
4. Going through the impugned order whereby the appointment orders of the petitioners of the instant writ petition have been withdrawn, the worthy AAG present in the Court in a different matter was put on notice and heard along with learned counsel for the petitioners.
5. It appears from record that petitioners of the instant writ petition being duly registered with the Employment Exchange, Charsadda, applied for their appointments against the vacant posts of Class-IV in the respondents' department. Petitioners Nos.1 to 4, were appointed as Ward Attendant. Petitioner No.5 as Chowkidar in consequence of the decision of this court in the writ petition filed by him, whereas, Petitioners Nos.6 and 7, as drivers against the quota reserved for the retired employees children, on the recommendations of the Departmental Selection Committee, held on 11.06.2020, followed by their appointment orders. The petitioners took over the charge of their respective positions. They were assigned duties which were being performed by them when all of a sudden respondent No.3 withdrew their appointment orders, through impugned order dated 02.09.2020, which for the sake of ready reference is reproduced below:- "The under signed is pleased to withdraw appointment orders of Class-IV issued vide this office orders bearing No.3534-37 dated 12.06.2020, No.3369-73 dated 08.06.2020, No.3374-78 dated 08.06.2020, No.3663-66 dated 16.06.2020, No.381 1-14 dated 19.06.2020, No.4078-81 dated 26.06.2020 and No.3659-62 dated 16.06.2020 with immediate ef fect due to political pressure." (emphasis supplied).
6. When the worthy A.A.G. was confronted with the impugned order , he could not justify the same. Since, appointment orders of the petitioners have been withdrawn on the sole ground of "Political Pressure " by respondent No.1 and not on any legal and justifiable ground, therefore, the same is liable to be set aside.
7. The contention of learned counsel for the petitioners in the connected W.P. No.4335-P/2020 that their petitioners being senior in registration then the petitioners of the instant writ petition, had prior right of appointment against the questioned posts, is not tenable because second proviso attached to section 10 of the Civil Servants (Appointments, Promotion and Transfer) Rules, 1989, provides that appointment in Basic Pay Scale 3 to 5 shall be made on the recommendations of the Departmental Selection Committee through the District Employment Exchange concerned, or, where in a district office of the Employment Exchange does not exist, after advertising the posts in the leading newspaper . For the sake of convenience and ready reference the relevant proviso attached to section 10 of the Rules (ibid) is reproduced below:- "Provided further that the appointment in Basic Pay Scale 3 to 5 shall be made on the recommendations of the Departmental Selection Committee through the District Employment Exchange concerned, or, where in a district the office of the Employment Exchange does not exist, after advertising the posts in the leading newspapers ". (emphasis supplied).
8. In the instant case, appointment of the petitioners has been made on the recommendations of the Departmental Selection Committee and through the District Employment Exchange which were the mandatory requirements of proviso ibid. The proviso (ibid) does not make it mandatory that appointment of those candidates registered prior in time with the employment Exchange shall be made on priority basis. It is settled law that when the law requires a thing to be done in a particular manner the same should be done in that manner otherwise not. The law only provides that the appointment shall be made on the basis of recommendations of the Departmental Selection Committee through the District Employment Exchange concerned and not on the basis of senior amongst the candidates registered earlier to the other with the District Employment Exchange.
9. For the reasons discussed above, the instant writ petition is allowed. Impugned order dated 02,09.2020 passed by the Medical Superintendent DHQ Hosp ital Charsadda/respondent No.3 is hereby set-aside. The petitioners shall be deemed in service since withdrawal of their appointment orders till date and are also held entitled to all back benefits.
10. The connected W.P. No.4335-P/2020., titled, "Naveed Ullah v. Government of Khyber Pakhtunkhwa and others" has become infructuous which is hereby dismissed.