Board Of Intermediate And Secondary Education, Bahawalpur etc vs Sher

Syed Mansoor Ali Shah, J.--The question before us pertains to the regularization of the respondents, who were working as Data Entry Operators, Junior Clerks, Drivers, Naib Qasids, Chowkidars, Beldars, Sweepers, Waterman, Daftri, Record Lifter , Care Taker, Generator Operator , Mali; Press Inker and Khadim Masjid, etc. on daily wages with the Board of Intermediate and Secondary Education, Bahawalpur ("Board"). The said respondents were engaged on daily wages and have almost continuously served the Board for different periods of time, spanning over a year or more, however , by giving artificial breaks in their service, the Board has tried to retain the character of their service as that of daily wagers. Respondents took up the issue of their regularization before the High Court and both the forums within the High Court have decided in their favour and have regularized their services.

2. Learned counsel for the petitioner submitted that there are 75 respondents and the seats available are only 43 and, therefore, not all of the respondents can be regularized. An opportunity was granted to the petitioner Board, as well as, the respondents to sit down together and evolve a solution on the previous hearings. Today , the parties have come before us with the proposal that the respondents can be considered for regular appointment in accordance with Chapter 19 of the Rules ("Rules") framed under the Punjab Boards of Intermediate and Secondary Education Act, 1976 against 43 posts and keeping in view the peculiar circumstance of this case, the said posts will not be advertised.

3. We have considered the proposal and gone through the record of the case, as well as, the Rules, and are of the view that the said posts should be advertised as per the Rules. However , in all fairness to the respondents, they may be given a maximum of five percent additional marks for their past service as daily wagers with the Board, while evaluating their candidature on open merit after public advertisement. We leave it to the Board to decide what percentage within the five percent be granted to various respondents keeping in view their length of service as daily wagers. Let this exercise be undertaken in the next three months. The public advertisement for these posts must specify this requirement so that anyone applying for fresh recruitment is aware of this facility being extended to the daily wagers.

4. It is also pointed out that present litigation is outcome of Board's policy of maintaining a number of employees on daily wages and keeping them continuously engaged as daily wagers with artificial breaks in their service. Keeping in view the principle of good governance and the pronouncement of this Court in this regard (see Board of Intermediate and Secondary Education v. Tanveer Sajid (2018 SCMR 1405 ) and Board of Intermediate and Secondary Education v. Muhammad Sajid (2019 SCMR 233)), the Board is directed to revisit its policy on daily wages and evolve a more sustainable and an equitable policy .so that such like issues do not crop up again unnecessarily putting the parties through protracted litigation which is not in the interest of either of them.

5. In the light of the arrangement arrived at between the parties and subject to the directions of this Court above, these petitions are converted into appeals and disposed of accordingly .