JOHAR ALI, J. The Petitioners have filed the instant Writ Petition under Article 86(2) of Gilgit- Baltistan Order, 2018 with the prayer that; "Keeping in view of above submissions, it is therefore, very humbly prayed that this Honourable Court may graciously be pleased to accept the instant Writ Petition and direct the Respondents to regularize the services of Petitioners from the date of regularizing the services of their other counterparts in the interest of justice and fair play any other equitable relief which this Honourable Court deems fit and necessary may also be granted to the Petitioners"
2. Brief facts gathered from the record of the case for disposal of the instant Writ Petition are that Respondent No. 6 (Deputy Director Agriculture Astore) published an advertisement in Daily Baidar on 27th November, 2009 wherein Applications were invited for filling up certain posts in a newly established Project namely "Fruit Development in District Astore" in response to the above advertisement the Petitioners as well as other Candidates/Colleagues applied/participated in the test/interview and succeeded to get appointment Orders against the Posts applied for vide Office No. DDA-Estt-1(2)/2009 dated 26th December, 2009 thereafter, the Petitioners continuous services in the Department. Later on, Project of Fruit Development in District Astore was converted from the development side to the non-development side by the Government and also created/regularized the posts already held by the Petitioners and other employees/colleagues. But in the meantime Respondents have terminated the services of the 15 colleagues of Petitioners vide Order dated 31- 05-2018 after lapse of about nine years without any cogent reasons.
3. Being aggrieved and dissatisfied from the termination Order dated 31-05-2018 the colleague employees of the Petitioners filed Writ Petition No.111/2018 before this Court and this Court disposed of the same by referring the case to the Committee already constituted to examine the case of the colleague employees of the Petitioners which was called in question by the Petitioners before the Honourable Supreme Appellate Court G.B and the Honourable Apex Court accepted the same vide Judgment/Order dated 22-10-2020 and directed the Respondents to regularize the services of the colleague employees of the Petitioners. In compliance of the Judgment/Order dated 22-10-2020 the Respondents regularized the services of the colleague employees of the Petitioners vide Office Order dated 03-03-2021. The Respondents instead of regularizing the services of the Petitioners along with their counterparts/colleagues malafidely advertised the posts of Grade-1 etc. to accommodate their blue-eyed persons by depriving the fundamental rights of the Petitioners which act of the Respondents is discriminative and against the fundamental rights of the Petitioners. Hence, Petitioners are culminated to file the instant Writ Petition before this Court with prayed that keeping in view of the above.
4. Copy of the writ petition was supplied to the Respondents for furnishing of Parawise Comments.
Accordingly, Respondents have submitted Parawise Comments.
5. Learned counsel for the Petitioners argued that the Respondents have launched a Project titled "Fruit Development in District Astore" and invited. Applications from the candidates of the respective localities for appointment in the newly launched project by publication/advertisement in Daily "Baidar Gilgit-Baltistan" dated 27-11-2009 and Petitioners applied for the Posts of Mali BPS-1 at Fruit Nursery Harcho and Pakora Astore respectively with the other candidates. After completion of all codal formalities required for recruitment process for lower grade employees and subsequent approval by the DPC/SC of the Department, Petitioners and other sixteen persons were appointed vide Office Order No. DDA-Estt-1 (2)/2009 dated 26th December, 2009. He further argued that in pursuance of above mentioned appointment Orders, the Petitioners were joined their duties immediately and are still serving with the Agriculture Department Astore, which is evident from the posting Order of Petitioner No. 1 who was posted from Fruit Nursery Pakora (Mikyal) to Gorikote Fruit Nursery vide Order dated 30th July, 2019 issued by the DDO/Agriculture Officer Astore. The learned counsel for the Petitioners further submitted that the Project of Fruit Development in District Astore was converted from the development side to the non-development side by the Government and also created/regular posts already held by the Petitioners and other employees of the said Project, concurrence to this effect was also issued by the Finance Department Government of Pakistan Islamabad dated 04-04-2017. He further contended that Respondents instead of regularizing the services of Petitioners and other employees of the above said project after its conversion from development to non-development side had terminated the service of 15 employees on 31-05-2018, while the Petitioners were not served any show-cause notice or service termination Order like the other employees of the Project and Petitioners are rendering their services in the Department even the Petitioner No. 1 was posted out on 31st, July 2019, the terminated employees of the above titled project invoked the extra ordinary jurisdiction before this Honourable Court by filing Writ Petition No. 111 /2018 which was disposed of vide Judgment/Order dated 09-07-2018 and referred the matter to the Selection Committee already constituted by the Government to examine the cases for regularization of their services. Being aggrieved, the terminated employees of the Fruit Development Project in District Astore had preferred an Appeal before the Honourable Supreme Appellate Court G.B against the Judgment/Order of this Honourable Court dated 09-07-2018 which was set aside by the Honourable Supreme Appellate Court vide Judgment/Order dated 22-10- 2020. The learned counsel further stated that the Government of Gilgit-Baltistan vide Notification dated 16th January. 2018 has provided mechanism for regularization of services of the Class-IV employees working in various Departments but this Policy was not being followed in the case of Petitioners and they are being treated differently by adopting the pick and choose method just to deprive them from their rights of equal treatment as the Petitioners were performing their duties with the Department for the last eleven years. He further submitted that the Petitioners are equally entitled to get regularized their service on the touch stone of Judgment dated 20-10-2020 passed by the Honourable Supreme Appellate Court G.B being the employees of said project i.e. Fruit Development in District Astore from the same date in which the services of their other counterpart colleagues were regularized vide Order dated 3rd March, 2021 and lastly prayed for acceptance of instant Writ Petition.
6. On the other hand the learned DAG contended that the Petitioners and other fifteen colleagues were appointed in a Project titled "Fruit Development District Astore" the Petitioners are Project employees and their services were discontinued during the year 2011 after completion of project life (60 months). He further contended that after conversion of Development posts to regular footing, the posts were advertised for recruitment according to approved Recruitment Rules. He submitted that the Department has regularized the services of terminated project staff in compliance of the Judgment/Order of Honourable Supreme Appellate Court G.B while the Petitioners were not beneficiary of that very Judgment/Order. He further submitted that as per Government Rules/Procedures the Petitioners cannot be directly appointed against any vacant posts without test/interview. The Department has rightly advertised the vacant posts for filling the vacant posts from the eligible candidates purely on merit basis. He further submitted that as per Recruitment Policy/Mechanism, the Petitioner were not eligible for their regularization against permanent positions as they did not fulfill the criteria of Regularization Act, which was mandatory. He finally prayed that the instant Writ Petition of Petitioners may kindly be dismissed.
7. Conversely, the learned counsel for the Respondents Nos. 7 to 9 argued that the Petitioners are not belonging to the Union Council of Respondents Nos. 7 to 9. The positions advertised by the Respondents are vacant in the Union Council of the Respondents Nos. 7 to 9. Respondents are legally bound to follow the procedure regarding the appointment on the basis of Union Council Petitioners are not entitled for regularization on the advertised positions therefore, the instant Writ Petition may be dismissed being meritless.
8. We have heard the arguments advanced by the learned counsel for the parties and perused the record available on case file.
9. For the convenience we would like to reproduce the Para No. 9 of Judgment of Honourable Supreme Appellate Court G.B which is as under;
9. "In sequel to the above discussion, we convert the above CPLA No.106/2018 into an appeal and the same is allowed. We hold the action of respondents, to terminate services of the petitioners and advertising the posts for making fresh appointments to be oppressive and against their rights. Consequently, order dated 09-07-2018 passed by the learned Gilgit-Baltistan Chief Court; Gilgit in Writ Petition No.111/2018 along with termination orders dated 31-05-2018 issued by the Deputy Director Agriculture Astore is set aside. The respondents are directed to regularize services of the petitioners against the newly created posts from the date of termination against the posts, which were held by them before termination."
10. From perusal of the record it transpires that the present Petitioners and other fifteen persons were appointed as Mali BPS-1 and Chowkidar BPS- I at Fruit Nursery Pakora and Fuirt Nursery Harcho respectively vide Office Order No. DDA-Estt-1(2)/2009 dated 26th December, 2009. Strictly in accordance with the prescribed procedure i.e. through test interview and recommendations of DPC and there were no procedure and legal flaws which could be necessitated the Department /Respondents to go for another exercise of recruitment process. The Respondents instead of regularizing the services of Petitioners as well as Colleague of the Petitioners, Respondents illegally terminated the services of colleagues of Petitioners. Being dissatisfied from the impugned Judgment/Order Petitioners have filed a Writ Petition bearing No. 111/2018 before this Court which was disposed of by this Court vide Judgment/Order dated 09-07-2018 by holding that the matter be referred to the Selection Committee for examining of the case of Petitioners and after that regularizing the services of the Petitioners. Being aggrieved from the Judgment/Order of this Court dated 09-07-2018 the colleagues of Petitioners have filed CPLA before the Honourable Supreme Appellate Court G.B. The Honourable Supreme Appellate Court G.B. has accepted the CPLA vide Judgment/Order dated 22-10-2020. Thereafter, 15 persons/colleagues were appointed/regularized services in compliance with the Judgment/Order of Honourable Supreme Appellate Court but the Respondents are reluctant to appoint the present Petitioners I against permanent position for the reasons best known to them which is disparity and discrimination on the part of the Respondents against the Petitioners. The Petitioners are also entitled for regularizing their services in accordance with Para No. 9 of the Judgment/Order of Honourable Supreme Appellate Court G.B which has been extended to other colleagues of Petitioners vide office order dated 3rd March, 2021.
11. In view of what has been discussed above, the instant Writ Petition is hereby accepted as prayed for and consequently the Respondents are directed to regularize the services of the Petitioners since 3rd March, 2021 forthwith and compliance report be submitted to the Registrar of this Court within three months of passing this Judgment. Civil Misc No. 152/2021 is also disposed along with the instant Writ Petition. File be consigned to record after due completion.