WIQAR AHMAD, J.---This order is directed to dispose of the instant writ petition as well as connected W.P. No. 465-M/2019, W.P. No. 487-M/ 2019, W.P. No. 999-M/2019, W.P. No. 510-M/2020, W.P. No.920-M/2020, W.P. No. 938-M/2020, W.P. No. 1016-M/2020, W.P. No. 1025-M/2020, W.P No. 1065- M/2020, W.P. No. 1141-M/2020, W.P No. 90-M/2021, W.P. No. 91-M/2021, W.P. No.325-M/2021, W.P.
No.419-M/2021, W.P. No. 424-M/2021, W.P. No.695-M/2021, W.P. No. 705-M/2021, W.P. No. 797-M12021, W.P. No. 931-M/2021, W.P. No.1122-M/2021, W.P. No. 1146-M/2021, W.P. No. 651-M/2019 W.P. No. 1087- M/2020, W.P No. 584-M/2021, W.P. No. 913-M/2021, W.P. No. 82-M/2021, W.P. No. 556-M/2021, W.P. No. 1253-M/2020 and W.P. No. 40-M/2021, as common questions of law are involved in all these cases.
2. In all these petitions, petitioners have got grievances against their non-consideration for appointment under retired employees sons' quota or the quota reserved for those employees who dies during service as well as those who are rendered incapacitated/invalidated during the course of their service and gets their pre-mature retirement. Quota for deceased/medically invalidated employees have been provided under Rule 10(4) of the Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion and Transfer) Rules, 1989, which mandates that one of the children, widow or wife of deceased or medically incapacitated / invalidated employees shall be appointed in the concerned department as per his qualification, in BPS-1 to 15. Similarly, 25% quota of the posts in BPS-3 to 5 falling in share of initial recruitment has been earmarked for appointment of sons or daughters of those employees, who retire in BPS-3 to 5. The quota is provided under Notification No. SOR-1 (S&GAD) 4-1/80(vol-III) dated 23.05.2000 of Establishment Department Government of Khyber Pakhtunkhwa.
3. We have heard arguments of learned Addl:A.G as well as Special Secretary Establishment via video link, while learned counsel for petitioners present before the Court were also heard.
4. After realizing that substantial time of this Court was being consumed while hearing cases relating to recruitment of retired Class-IV employees or cases of sons and daughters of deceased, former employees etc, this Court issued notice to learned Advocate General as well as the Secretary Establishment Department, Government of Khyber Pakhtunkhwa vide order dated 09.11.2021 in W.P. No. 913-M/2021 for hearing them regarding lack of a grievance redressal mechanism at government's end. Said order needs to be reproduced hereunder for ready reference; "Petitioner has claimed in the instant writ petition that his father namely Ahsan-ul-Haq had been an employee of the respondent's department and got retired as Chowkidar from GPS Ganori with effect from 02.02.2018 on attaining the age of superannuation. He has also contended that he had applied for his appointment under the 25% quota reserved for sons of retired Class-IV employees but no response was being given to his repeated request, therefore he has filed the instant constitutional petition for issuance of directions to respondents for his appointment on the ibid quota.
2. We noticed that this Court has been facing a large number of cases arising out of reservation of quota for retired employees and deceased employees. Such cases have not only been consuming substantial public time of this Court but have also been burdening the Government departments who are compelled to litigate with their retired employees which also cause a regular cost of litigation being incurred by the Government. Writ petitions are decided and then contempt applications are being filed and thus series of litigation is started wasting substantial time of Courts, which time may well be dedicated to other cases requiring disposal of the Courts.
3. We, in the circumstances, would like the Government to ponder over and suggest some course, wherein the aggrieved persons are provided with some forum for redresssal of their grievances in the shape of appeals before the higher authority. On the analogy of right of appeal provided to the civil servants, a forum of appeal may be provided in the respective departments for treating grievances of the ex-employees or their legal heirs. We would like to hear the Worthy Advocate General as well as the Worthy Secretary Establishment Government of Khyber Pakhtunkhwa on the issue. This case is therefore adjourned to 08.12.2021, on which date office shall also fix other cases arising out of Notification of the Government whereby 25% quota has been reserved in government services for sons of retired Class-IV employees. The Worthy Advocate General as well as Secretary Establishment may appear via video link from the Principal Seat of this Court at Peshawar on the relevant date. We would expect that they will come with some solution to the highlighted issue.
Office is directed to send copies of this order to both the offices mentioned above, for necessary action at their ends."
5. In response to our above quoted order, today learned Ada: A.G present at Principal Seat as well as Special Secretary Establishment and Administration Department, informed us that in pursuance to receipt of order of this Court, they had prepared a Grievance Redressal Mechanism and submitted it for approval of the competent authority, whereafter same has been approved and notified. They also produced copy of instructions regarding the mechanism provided for appointment made under the quota, notified vide their Notification No. SO (Policy) (E&AD) dated 07.12.2021. Said instructions being relevant for disposal of all these petitions are also reproduced hereunder for ready reference; "General Instructions: i. All Government offices including administrative departments, attached departments and any other offices shall immediately frame (if not already done) and notify the waiting lists (from the date of death/ incapacitation and/or retirement as the case may be) of employees of both above categories and display them at prominent places within the office premises as well as inform the retire employees or the next of kin of the deceased employees. These lists will be formally updated during last fortnight of December every year and notified every year in the first week of January; ii. All head of these Departments/offices shall cause to lay down a certificate that all posts likely to be filled in accordance with the above quotas have been filled positively and such certificate will also be notified every year in the first week of January; iii. The Departmental Selection Committees concerned will meet twice a year to process pending cases and will make sure no such cases are pending, except those for want of vacant posts in case of retire employee or post available is not commensurate to the qualifications of the child of the deceased/permanently invalidated employee. In case of latter, that will be communicated in writing.
Grievance Redressal Mechanism: i. All Administrative Departments will notify a Grievance Redressal Committee at the Departmental level for the Secretariat, Directorates and all other offices under its administrative control. It will comprise of a Committee headed by the Additional Secretary and comprise of two Deputy Secretaries (where the Department has sanctioned strength of less than two Deputy Secretaries, a Section Officer may be included in place of one Deputy 'Secretary); ii. This GRC will meet atleast every quarter normally. However, in case a reference is received from a lower formation or an application is received from an individual it will meet within the next seven working days to deliberate upon the grievance. The applicant will also be called to such a meeting; iii. Proper order will be passed by the GRC and also communicated in writing to the applicant. In case relief has been ordered, the GRC will ensure that its orders are implemented within fifteen working days of issuance of such orders. In case of any undue/unlawful hindrance by any officer, the GRC may recommend disciplinary action against such officer; iv. The reports of the GRC will be placed before the Secretary of the Department twice a year."
6. The Establishment Department has also notified Grievance Committee at the level of Establishment and Administrative Department vide Notification No. SO(Lit-IDE&AD/1-1/2021 dated 03.12.2021, text of which is also reproduced hereunder for ready reference; "I am directed to refer to the subject noted above and to intimate that in light of directions of the Hon' ble Peshawar High Court Mingora Bench, Dar-ul-Qaza Swat in the subject writ petition passed through judgment dated 09.11.2021, the Worthy Chief Secretary Khyber Pakhtunkhwa has been pleased to approve the following Grievance Committee at the level of Establishment and Administration Department for sorting out the cases of the sons of the retired Class-IV employees:- Additional Secretary (Estt), Establishment DepartmentChairman Deputy Secretary (Estt), Establishment Department. Member Section Officer (E-IV), Establishment Department Member Section Officer (Admn), Administration DepartmentMember-cum Secretary
2. I am further directed to request you that in pursuance of the directions of the Hon'ble Court, a Grievance Committee on the same analogy may be constituted at the level of your respective department of redressing/resolving the grievances of the legal heirs of the retired class-IV employees amicably."
7. We were also informed by the learned Addl: A.G that instructions have been communicated to all the departments, attached departments and other offices of Government of Khyber Pakhtunkhwa for swiftly constituting Grievance Redressal Committees at appropriate levels and that such Committees would be constituted very soon. At same time, SOPs for conduct of business of such Committees, would also be framed and notified.
8. We appreciate the concern shown and pains taken by the Worthy Chief Secretary, Officers of Establishment Department as well as learned Advocate General Khyber Pakhtunkhwa, for providing a full-fledged mechanism for redressing grievances of children of those employees, who dies during service or, are rendered incapacitated/ invalidated while being in service as well as those employees who retire in BPS-3 to 5. Such an effort would go a long way in reducing the number of cases being filed by such former employees or their sons before this Court and thus we would be able to dedicate this public time of the Court to other pending work. As a Grievance Redressal Mechanism is provided by the Provincial Government, therefore sons of all the former employees, claiming rights under the abovementioned quotas; if ever felt that their grievances were not being redressed by their respective competent authorities; would approach the appropriate forums provided for redressal of grievances. Unless and until they avail that remedy at departmental end, they would not be able to invoke constitutional jurisdiction of this Court. It is an established principle of administrative law that unless matters are finalized at departmental end and final orders are passed, the matter cannot be brought under adjudication in a constitutional Court except in those cases, where there has been an express case of want of jurisdiction, males fide or a situation where the actions of administrative authorities, if allowed to continue would perpetuate injustice. Hon'ble Sindh High Court while giving its judgment in the case of Sh. Ajaz Rasool v. Vice Chancellor, Karachi University, Karachi and 3 others reported as 1999 CLC 1942, had held petition of the respective petitioner as non-maintainable being pre-mature for the reason that same had been filed at a stage when the matter had not been finalized at departmental end. Relevant findings in said judgment are reproduced hereunder for ready reference; "The second ground on which the petition merits dismissal is that the writ petition is obviously premature. As we have earlier stated, in this case only a show cause had been served upon the petitioner and a writ petition, therefore, in such a situation would not be competent.
In the instant case, as we have already observed hereinabove, only a meeting of the Syndicate was called to consider the report of the three members Committee. Neither any notice was issued to the petitioner nor any action was taken against him. As such, this petition is premature and the jurisdiction of this Court under Article 199 of the Constitution, could not be invoked as the petitioner is not an aggrieved person as envisaged in the said Article.
As a result of the above discussion, this petition is accordingly dismissed in limine together with interlocutory applications."
Further reliance in this respect may be placed on judgment of this Court given in the case of Muhammad Mahmood Ali v. Pakistan through Secretary, Ministry of Finance reported as 1984 CLC 142 as well as judgment of Hon'ble Lahore High given in the case of Raja Muhammad Sadiq v.
Water and Power Development Authority through its Chairman, Lahore reported as PLD 1978 Lahore 738 and judgment in the case of Syed Ali Abbas Gardezi and another v. Government of Pakistan through Secretary Establishment Division, Islamabad and 3 others reported as 2010 PLC (C.S.) 478.
9. Besides, an alternate remedy would now be available to the persons applying under the quotas and such remedy should first be availed, before invoking constitutional jurisdiction of this Court.
Hon'ble Supreme Court of Pakistan while giving its judgment in the case of Rana Aftab Ahmad Khan v. Muhammad Ajmal reported as PLD 2010 SC 1066, has held that when an appropriate, efficacious and adequate alternate remedy was available to petitioner and he had not availed same without any justification, the writ petition had rightly been dismissed. There is no doubt that in case of lack of jurisdiction or excess thereof, a writ may be issued but in matters like the present one, where the applicants seek redressal of their grievances, a forum is available to them, the appropriate course would be that such forum is first availed.
10. In light of what has been discussed above, all these connected petitions are disposed of in terms that these cases shall be sent to the respective Grievance Committees of the concerned departments, where all these writ petitions shall be treated as representations filed before them and shall accordingly be disposed of as per the given timelines. The respective petitioners shall also be afforded an opportunity of hearing before the Grievance Committees. In those cases, where grievances of the petitioners could not be redressed, the Grievance Redressal Committee shall pass an appropriate order giving reasons for such decision and communicate such order to the respective petitioners. Any petitioner, if felt aggrieved of such a decision would be at liberty to file a fresh petition before this Court. The Government of Khyber Pakhtunkhwa shall also provide same or similar forums for redressal of grievances of those persons, who are aggrieved of their non-appointment under the quotas reserved for initial appointment of minorities, disabled and female, etc. A copy of this judgment be also sent to Worthy Secretary Establishment for further compliance.