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Petitioner: Imran Ahmad and others VS Respondent: Federation of Pakistan and others
Court Name: Islamabad High Court Judge(s): Aamer Farooq, Mohsin Akhtar Kayani Title: Imran Ahmad and others vs Federation of Pakistan and others Case No.: Intra Court Appeal No.340/2017 Date of Judgment:2018-06-21 Reported As: 2018 IHC 73 Result: Appeal disposed of
Judgment MOHSIN AKHT AR KAYANI, J:- Through this common judgment, we intend to decide the captioned intra court appeal along with the appeals as well as writ petitions listed in "Annexure-A" attached herewith as common questions of law and facts are involved in the same. 2. Brief facts as referred in ICA No.340/2017 (Imran Ahmad, etc. vs. Federation of Pakistan, etc.) are that Ministry of Federal Education and Professional Training/respondent No.5 published an advertisement dated 14/15 November , 2010 inviting applications to fill in different posts on contract basis in the project titled "President' s Programme for the Care of Highly Qualified Overseas Pakistanis (PPQP)" against which appellants were selected through transparent selection process, who joined their services in January/February , 2011 and started rendering their respective services. Later on, the Federal Government vide letter dated 09.02.2017 extended the project period up to 03.06.2017, whereafter salaries of appellants have been stopped w.e.f. 01.07.2017 onwards. As a result whereof, appellants filed W.P. No.3961/2016 which has been disposed of vide consolidated judgment dated 01.11.2017 by not extending the relief sought by the appellants. Hence, the captioned ICA No.340/2017. 3. Brief facts referred in the ICA No.361/2017 (Moazzam Shahzad vs. M/o CADD, etc.) are that appellant joined the Federal Education Department as Lecturer on daily wages basis and is working in Islamabad Model College for Boys, G-11/1, Islamabad whereas appellant was regularized vide letter dated 04.02.2013 pursuant to policy introduced by the Government of Pakistan on 29.06.201 1 though no formal joining letter is issued to appellant as yet whereupon appellant approached the Islamabad High Court and directions were issued through ICA No.325/2014 to Government of Pakistan, on which a committee was constituted whereby recommendations regarding regularization of appellant were submitted on 31.03.2016 however respondent by neglecting those recommendations prepared a summary dated 31.05.2016 wherein it was decided that case of appellant will be referred to FPSC with benefit of 5 marks. As a result whereof, appellant filed W.P. No.4598/2016 before thisth
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Hon'ble Court which was disposed of vide consolidated judgment dated 01.11.2017. Hence, the captioned ICA No.361/2017. 4. Brief facts referred in the ICA No.371/2017 (Mst. Rashida Yasmin, etc. vs. FOP, etc.) are that appellants are working as Lecturers/JL Ts in BPS-16 and BPS-17 in the Islamabad Model College for Girls, F-7/4, Islamabad on daily wages since 2007. As per the Cabinet Sub-Committee recommendations dated 29.06.201 1, contract employees who have had completed one year satisfactory service were to be regularized and cases of contract employees of BPS-16 and above would be submitted to the Committee for regularization of their services through Cabinet Division instead of FPSC whereby cases of daily wages employees were considered by the Cabinet Sub- Committee in its meeting held on 13.12.2012 and accordingly Deputy Director (Coord.) CADD issued notification for regularization on 08.02.2013. However , after completing codal formalities including medical examination appellants were not allowed to join/assume duties of their respective posts as regular employees, whereupon they filed W.P. No.4197/2016 with the prayer to enforce the said regularization notification dated 08.02.2013, however their writ petition was disposed of vide consolidated judgment dated 01.11.2017. Hence, ICA No.371/2017 has been filed. 5. Brief facts referred in the ICA No.402/2017 (Mehnaz Rahat, etc. vs. FOP, etc.) are that appellant No.1/Mehnaz Rahat, appellant No.2/Umaira Awan, and appellant No.3/Hina Akhtar were appoin ted on daily wages as Lecturers (BPS-17) on 02.01.2008, 17.02.201 1, and 22.09.2010, respectively , in the Islamabad College for Girls, F-6/2, Islamabad. On 29.06.201 1, the Government of Pakistan introduced a policy whereby contract/daily wages employees were to be regularized though present appellants had not been regularized and they were constrained to file W.P. No.1073/2013 and Crl. Org. No.110/2016 whereby directions were issued to quarter concerned to resolve the grievances of appellants, however no relief was granted to appellants by the Committee for Regulation of Services of Contract/Daily Wages Employees vide recommendation dated 18.02.2016 and respondent department advertised the posts held by appellants vide advertisement dated 01.05.2016. As a result whereof, appellants filed W.P. No.3244/2016 which was disposed of vide consolidated judgment dated 01.11.2017 without extending any relief to appellants. Hence, the captioned ICA No.402/2017. 6. Brief facts referred in the ICA No.406/2017 (Uzma Bibi vs. Secretary CADD, etc.) are that appellant was appointed as Lecturer (BPS-17) on daily wages basis in the Islamabad Model College for Girls, F-10/2, Islamabad. On 29.06.201 1, the Government of Pakis tan introduced a policy whereby contract /daily wages working in different departments of Federal Government were to be regularized whereby appellant was regularized vide notification dated 08.02.2013 though after fulfilling all the codal formalities appellant was not regularized and appellant was constrained to initiate several litigations whereby directions were issued by this Court to quarter concerned to constitute a Committee for resolution of grievances of daily wages/contract employees. As a result whereof, appellant along with others were regulariz ed by Cabinet Sub-Committee subject to availability of vacancies though Federal Government refused to regularize appellant. Eventually , appellant filed W.P. No.4387/2016 before this Hon'ble Court which was disposed of vide consolidated judgment dated 01.11.2017 with no relief in favour of appellant. Hence, the captioned ICA No.406/2017. 7. Brief facts referred in the ICA No.407/2017 (Najma Tahir Chughtai, etc. vs. FOP, etc.) are that appellant No.1/Najma Tahir and appellant No.2/Nooreen Arif were appointed as Trained Graduate Teachers (BPS-16) on 07.02.2008 and 25.01.2010, respectively . On 29.06.201 1, the Government of Pakistan introduced a policy whereby contract/daily wages working in different departments of Federal Government were to be regularized whereby appellants were interviewed by Cabinet Sub-Committee and later on regularized vide notification dated 08.02.2013, however respondents department i.e. FDE and CADD had not issued posting orders. As a result whereof, appellants filed W.P. No.3307/2016 before this Hon'ble Court which was disposed of vide consolidated judgment dated 01.1 1.2017 with no relief in favour of appellants. Hence, the captioned ICA No.407/2017. 8. Brief facts referred in the ICA No.409/2017 (Tahira Naseem vs. Secretary CADD, etc.) are that appellant was appointed as Lecturer on daily wages in the Islamabad Model College for Girls (PG), F-7/2, Islamabad on 04.10.2006. The Government of Pakistan in the year 2011 introduced a policy for regularization of contract/daily wages employees working in different departments of Federal Government whereby Cabinet Sub-Committee
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regularized appellant vide notification dated 08.02.2013 subject to availability of vacancies though Committee for Regularization of Services of Contract/Daily Wages through its Chairman (Establishment Division) recommended otherwise. As a result whereof, appellant filed W.P. No.3058/2016 which was disposed of vide consolidated judgment dated 01.1 1.2017 without redressal of appellant' s grievance. Hence, the captioned ICA No.409/2017. 9. Brief facts as referred in ICA No.360/2017 (Rabia Bibi, etc. vs. Ministry of CADD, etc.) are that appellants have been appointed in the Federal Directorate of Education on contract/daily wages basis. The Government of Pakistan vide letter dated 29.06.201 1 introduced regularization policy , pursuant to which Cabinet Sub-Committee approved the cases of appellants for regularizatio n subject to availability of vacancies vide notification dated 08.02.2013 though appellants were not regularized. As a result whereof, appellants filed W.P. No.2962/2016 before this Court though the same was disposed of vide impugned consolidated judgment dated 01.11.2017. Hence, the captioned ICA No.360/2017. 10. Brief facts as referred in ICA No.370/2017 (Saman Bibi vs. Ministry of CADD, etc.) are that appellant was appointed as Lecturer on contract/daily wages in the Islamabad Model College for Girls (PG), F-7/2, Islamabad. The Government of Pakistan in the year 2011 intorduced a policy for regularization of contract/daily wages employees working in different departments of Federal Government were to be regularized, however no relief was granted to the appellant. As a result whereof, appellant filed W.P. No.3040/2016 before this Court though the same was disposed of vide impugned consolidated judgment dated 01.11.2017. Hence, the captioned ICA No.370/2017. 11. Brief facts as referred in ICA No.372/2017 (Dr. Arif Saleem Memon , etc. vs. FOP, etc.) are that appellants have been appointed on contract basis in Ministry of National Food Security and Research in the year 2009. The Government of Pakistan vide letter dated 12.08.201 1 introduced regularization policy , pursuant to which this Court directed Cabinet Sub-Committee to the cases of appellants for regularization within 90 days. Meanwhile, the Finance Division converted posts of appellants from developmen t to non-development side after the sanction granted by the President of Islamic Republic of Pakistan and raised objection that converted posts would be filled through afresh recruitment process by FPSC whereas similarly converted posts in Ministry of Port and Shipping have been regularized on the conversion of posts from development to non-development side and no objection was raised by the Ministry of Finance. As a result whereof, appellants filed W.P. No.3370/2016 before this Court which was disposed of vide impugned consolidated judgment dated 01.11.2017. Hence, the captioned ICA No.372/2017. 12. Brief facts referred in ICA No.376/2017 (Maria Javed, etc. vs. FOP, etc.) are that appellants, after fulfillment of all codal formalities, have been appointed in the Federal General Hospital - PMNCH on contract basis in the years 2012 and 2013. The Government of Pakistan vide letter dated 12.08.201 1 introduced regularization policy , pursuant to which on the recommendations of the Cabinet Sub-Committee regularized contract/daily wages employees though appellants have been ignored without any cogent reason. As a result whereof, appellants approached this Court by filing a writ petition and a contempt petition whereby directions were issued to concerned departments to decide the cases of appellants, however nothing in favour of appellants came on record and the posts held by appellants were advertised by the department. Resultantly , appellants filed W.P. No.21 17/2016 before this Court which was disposed of vide impugned consolidated judgment dated 01.11.2017. Hence, the captioned ICA No.376/2017. 13. Brief facts referred in ICA No.377/2017 (Muhammad Usman, etc. vs. Secretary Establishment Division, etc.) are that appellants have been appointed in the Federal Directorate of Education Cantt and Garrison on daily wages basis. The Government of Pakistan vide letter dated 12.08.201 1 introduced regularization policy , pursuant to which Cabinet Sub-Committee recommended regularization of service of appellants subject to availability of posts, however appellants have not been regularized as Committee for Regularization of Services of Contract/Daily Wages through its Chairman Establish Division, Islamabad observed otherwise. As a result whereof, appellants filed W.P. No.3463/2016 before this Court which got disposed of vide impugned consolidated judgment dated 01.11.2017. Hence, the captioned ICA No.377/2017. 14. Brief facts as referred in ICA No.378/2017 (Syed Mohsin Ali, etc. vs. Establishment Division, etc.) are that appellants have been appointed in the Federal Directorate of Education Cantt and Garrison on daily wages basis.
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The Government of Pakistan vide letter dated 12.08.201 1 introduced regularization policy , pursuant to which Cabinet Sub-Committee recommended regularization of service of appellants subject to availability of posts, however appellants have not been regularized as Committee for Regularization of Services of Contract/Daily Wages through its Chairman Establish Division, Islamabad observed otherwise. As a result whereof, appellants filed W.P. No.3464/2016 before this Court which was disposed of vide impugned consolidated judgment dated 01.11.2017. Hence, the captioned ICA No.378/2017. 15. Brief facts referred in ICA No.379/2017 (Dr. Uzma Ahmed, etc. vs. FOP, etc.) are that appellants have been appointed in the Federal Medical and Dental College (FMDC). The posts held by appellants had been advertised by the concerned department which the appellants have assailed before this Court by filing W.P. No.2310/2016 and prayed for suspension of the advertisement as well as regularization of their services, however the same was disposed of vide impugned consolidated judgment dated 01.1 1.2017. Hence, the captioned ICA No.379/2017. 16. Brief facts referred in ICA No.380/2017 (Shaheen Akhtar , etc. vs. Establishment Division, etc.) are that appellants have been appointed in the Federal Directorate of Education Cantt. and Garrison on daily wages basis. The Government of Pakistan vide letter dated 12.08.201 1 introduced regularization policy , pursuant to which Cabinet Sub-Committee recommended regularization of service of appellants subject to availability of posts, however appellants have not been regularized as Committee for Regularization of Services of Contract/Daily Wages through its Chairman Establish Division, Islamabad observed otherwise. As a result whereof, appellants filed W.P. No.3635/2016 before this Court which was disposed of vide impugned consolidated judgment dated 01.11.2017. Hence, the captioned ICA No.380/2017. 17. Brief facts as referred in ICA No.385/2017 (Khurram Nazir , etc. vs. FOP, etc.) are that D.G. National Talent Pool, Ministry of Federal Education and Professional Training advertised contra ctual posts in the project titled "President' s Programme for the Care of Highly Qualified Overseas Pakistanis (PPQP) against which appellants were selected through transparent selection process, who joined their services in January/February , 2011 and started rendering their respective services. Later on, the Federal Government vide letter dated 29.08.2016 extended the project period up to December , 2016, whereafter services of the appellants were transferred from Development to non-development and their salaries have been stopped w.e.f. 01.07.2016 and onwards. Despite the fact that Rs.15 million for fiscal year (2016-2017) was allocated whereas Cabinet Sub-Committee recommended regularization of similarly placed employees whereupon appellants approached concerned departments but all in vain. As a result whereof, appellants filed W.P. No.3961/2016 which was disposed of vide impugned consolidated judgment dated 01.1 1.2017. Hence, the captioned ICA No.385/2017. 18. Brief facts as referred in ICA No.387/2017 (Arshad Khursheed, etc. vs. Secretary Establishment Division, etc.) are that appellants have been appointed in the Federal Directorate of Education Cantt. and Garrison on daily wages basis. The Government of Pakistan vide letter dated 12.08.201 1 introduced regularization policy , pursuant to which Cabinet Sub-Committee recommen ded regularization of service of appellants subject to availability of posts, however appellants have not been regularized as Committee for Regularization of Services of Contract/Daily Wages through its Chairman Establish Division, Islamabad observed otherwise. As a result whereof, appellants filed W.P. No.3795/2016 before this Court which was disposed of vide impugned consolidated judgment dated 01.11.2017. Hence, the captioned ICA No.387/2017. 19. Brief facts as referred in ICA No.388/2017 (Fahad Mairaj Khan, etc. vs. Ministry of CADD, etc.) are that appellants were appointed as Lecturers (BPS-17), Trained Garduate Teachers (BPS-16) and Junior Lady Teachers (BPS-16), on contract/daily wages in different institutions of Federal Directorate of Education, Ministry of CADD, Islamabad. The Government of Pakistan in the year 2011 introduced a policy for regularization of contract/daily wages employees working in different departments of Federal Government were to be regularized, however no relief was granted to the appellant. As a result whereof, appellants filed W.P. No.3257/2016 before this Court though the same was disposed of vide impugned consolidated judgment dated 01.11.2017. Hence, the captioned ICA No.388/2017.
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20. Brief facts as referred in ICA No.396/2017 (Dr. Saman Waqar, etc. vs. FOP, etc.) are that appellants, after fulfillment of all codal formalities, were appointed on contract basis in the Federal Medical & Dental College, Prime Minister 's National Health Complex (PMNHC), Cabinet Division, Islamabad in the years 2012 and 2014. The Government of Pakistan vide letter dated 12.08.201 1 introduced regularization policy , pursuant to which Cabinet Sub-Committee approved the cases of other similarly placed employees but appellants have been ignored without any cogent reason. As a result whereof, appellants filed writ petitions before this Court whereby directions were issued vide orders dated 28.02.2016 and 11.09.2014 to consider the cases of appellants, however no such steps have been taken by the concerned departments, rather the posts held by appellants were advertised through FPSC, whereupon appellants filed W.P. No.2310/2016 which was disposed of vide impugned consolidated judgment dated 01.1 1.2017. Hence, the captioned ICA No.396/2017. 21. Brief facts as referred in ICA No.166/2018 (Waseem Riaz, etc. vs. FOP, etc.) are that appellants were appointed as Lecturers (BPS-17) and Junior Lady Teachers (BPS-16), on contract/daily wages in different institutions of Federal Directorate of Education, Ministry of CADD, Islamabad in the year 2007, 2009, 2010, 2011, & 2012. The Government of Pakistan in the year 2011 introduced a policy for regularization of contract/daily wages employees working in different departments of Federal government were to be regularized, however no relief was granted to the appellant. As a result whereof, appellants filed W.P. No.3220/2016 before this Court though the same was disposed of vide impugned consolidated judgment dated 01.11.2017. Hence, the captioned ICA No.166/2018. 22. Brief facts as referred in ICA No.535/2016 (Ch. Saeed Iqbal, etc. vs. Government of Pakistan, etc.) are that appellants were appointed on contract basis in Special Program for Food Security and Productivity Enhancement of Small Farmers CMP-II in the year 2009. However, pursuant to office order/minutes dated 21.01.2013 issued in the light of the Cabinet Sub-Committee in its meeting held on 29.11.2012, respondent No.1/Cabinet Division has not regularized the services of appellants. Whereafter, appellants filed W.P. No.1944/2016, which was dismissed by learned Single Judge in Chambers. Hence, the captioned ICA No.535/2016. 23. Brief facts as referred in ICA No.383/2017 (Ali Asad, etc. vs. FOP, etc.) are that after fulfilling codal formalities appellants were appointed in the project named as "Basic Education Community Schools Project (BECS) vide orders dated 25.03.2010 and 06.08.2010, however, their services were terminated vide orders dated 26.03.2012 and 13.04.2012 without conducting regular inquiry and adopting legal procedure. Resultantly, appellants filed their respective writ petitions which were disposed of by the learned Single Judge in Chambers vide consolidated judgment dated 11.09.2014 passed in W.P. No.965/2013 with the direction to the Secretary Cabinet Division to constitute a Cabinet Sub-Committee and to treat their writ petitions as representations, whereupon the Committee vide its recommendations dated August, 2016 observed that discrimination has been caused to appellants and the matter was further remanded to the Ministry of Education to probe into the matter though of no effect. Resultantly, appellants filed writ petition which was disposed of vide consolidated judgment dated 01.11.2017 by the learned Single Judge in Chambers. Hence, the captioned ICA No.383/2017. 24. Brief facts as referred in ICA No.384/2017 (Irfan Yasin, etc. vs. FOP, etc.) are that after fulfilling codal formalities appellants were appointed in the project named as "Basic Education Community Schools Project (BECS) vide orders dated 25.03.2010 and 06.08.2010, however, their services were terminated vide orders dated 07.02.2011, 15.02.2012, 26.03.2012, and 13.04.2012 without conducting regular inquiry and adopting legal procedure. Resultantly, appellants filed their respective writ petitions which were disposed of by the learned Single Judge in Chambers vide consolidated judgment dated 11.09.2014 passed in W.P. No.965/2013 with the direction to the Secretary Cabinet Division to constitute a Cabinet Sub-Committee and to treat their writ petitions as representations, whereupon the Committee vide its recommendations dated August, 2016 observed that discrimination has been caused to appellants and the matter was further remanded to the Ministry of Education to probe into the matter though of no effect. Resultantly, appellants filed W.P. No.3567/2016 which was disposed of vide consolidated judgment dated 01.11.2017 by the learned Single Judge in Chambers. Hence, the captioned ICA No.384/2017.
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25. Brief facts referred in ICA No.122/2018 (Rajab Ali, etc. vs. FOP, etc.) are that appellants were appointed in project titled "National TB Control Program" on contract basis. However , after introduction of regularization policy by the Federal Government and pursuant to Cabinet Sub-Committee meetings, several contract/daily wages employees were regularized though appellants have been ignored without any cogent reasons. Resultantly , appellants filed W.P. No.2904/2016 before this Court which has been dismissed vide the impugned judgment dated 24.01.2018. Hence, the captioned ICA No.122/2018. 26. Brief facts as referred in W.P. No.1869/2016 (Fozia Rani, etc. vs. FOP, etc.) are that petitioners were appointed on contract in Ministry of Climate Change, status of which was approved by the Cabinet Sub-Committee for regularization vide its minutes dated 13.03.2013. Whereas, this Hon'ble Court in W.P. No.901/2016 and W.P. No.3086/2015 extended benefit to similarly placed employees, benefit of which orders has been sought by present petitioners through the instant case. Hence, the captioned W .P. No.1869/2016. 27. Brief facts as referred in W.P. No.3666/2017 (Mazhar Abbas Shah, etc. vs. FOP, etc.) are that petitioners were appointed on contract in the Ministry of Climate Change, status of which was approved by the Cabinet Sub- Committee for regularization vide its minu tes dated 13.03.2013. Whereas, this Hon'ble Court in W.P. No.901/2016 and W.P. No.3086/2015 extended benefit to similarly placed employees, benefit of which orders has been sought by present petitioners through the instant case. Hence, the captioned W .P. No.3666/2017. 28. Brief facts as referred in W.P. No.747/2018 (Ghulam Abbas, etc. vs. FOP, etc.) are that petitioners were appointed on contract basis in the Ministry of Climate Change. Pursuant to the Regularization Policy , the Cabinet Sub-Committee approved the names of petitioners for regularization subject to conversion of their project from development to non-development, however the concerned Ministry with mala fide intention refused to issue regularization notification in favour of petitioners despite the fact their project has been converted from development to non-development. Hence, the captioned W .P. No.747/2018. 29. Brief facts as referred in W.P. No.1533/2017 (Muhammad Harmain, etc. v. Ministry of Narcotics Control Division, etc.) are that petitioners were appointed during the period of 2005 to 2010 on contract basis in Anti Narcotics Force, an attached department of Ministry of Narcotics Control Division under PC-1, which was later on converted into PC-4 and posts were converted from temporary to regular but the respondent department remained adamant to issue notification of regularization of services of petitioners despite the fact that similarly placed employees were regularized after conversion of their project from PC-1…
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