JAN ALAM Versus PROVINCIAL GOVERNMENT through Chief Secretary

ORDER

MUHAMMAD ALAM, J.--- This is a writ petition, whereby, petitioners have sought the following direction:-

"It is therefore humbly prayed that this Hon'ble Court may kindly be pleased to accept this writ petition and appoint the petitioners as foot constables in the department of Gilgit-Baltistan police department District Diamer to meet the ends of justice."

2. From plain perusal of pleadings of parties, it is evident that respondents invited applications for the suit posts and petitioners filed applications in the light of said advertisement, seeking applications for the suit posts. Petitioners submitted applications accordingly and appeared in the test and interview and qualified the same, but respondents placed the names of petitioners in the waiting list. In this connection, paras Nos.2 and 4 of the petition and reply thereto are evident.

3. We have heard learned counsel for parties. The only question debated before us is availability of the suit posts within the time span, necessary for qualifying for appointments, from within the persons placed in the waiting list. In this connection, respondents have denied availability of any post while petitioners have contended that respondents are delaying appointment orders of petitioners just to appoint men of their own choice. The rules governing appointment of persons placed in the waiting list entitled petitioners to be appointed against the suit posts.

4. We have marked Exh-C/A, Exh-C/B and Exh-C/D on the relevant documents which are helpful for coming to a correct conclusion of the case in hand. Said documents are photo copies but have been obtained from office of the Superintendent of Police (SP Office) District Diamer. From plain perusal of the said documents, it is evident that soon after test and interview, respondents passed office order (Exh-C/A), which shows appointment of at least 44 persons and placing the petitioners in the waiting list. It is very important to note that contents of this document are admitted. It is also admitted at bar that Exh-C/B and Exh-C/D are obtained from the office of SP Diamer. Exh-C/A is comprised of two pages. The second document is Exh-C/B, which very clearly shows noting of the office in the office of said officer. This document shows vacancies of at least 8 posts. Exh-C/D is the document issued on 13th April, 2016, from the same office, which shows 9 vacancies. The office notings and other reports on the said document clearly show proposal of appointment of petitioners against the suit posts. We confronted with respondents with this factual position who could not give any satisfactory reply.

5. In the sequel of above discussion, we hold that petitioners are entitled to be appointed against the suit posts. We allow this petition with direction to respondents to pass office orders of appointment of petitioners against suit posts. Petition allowed throughout. This file be consigned to record.

ZC/194/GB Petition allowed.