PESHAWAR: In order to bring appointment of Class-IV employees on merit and end the culture of appointment of near and dear ones just in the garb of interview in the departments, the Peshawar High Court (PHC) has declared the Khyber Pakhtunkhwa government policy as void and directed it to introduce and implement “Bowl Policy” for appointment of Class-IV employees in the province.
A division bench comprising Justice Waqar Ahmad Seth and Justice Abdul Shakoor delivered the judgment in writ petitions filed by candidates including Zahid Khan and Muzammil Khan for the Class-IV employees.
They had challenged the appointments of what they believed were near and dear ones in Nowshera district, the home town of the KP chief minister, through their lawyer Bilal Khan.
“We are implementing the Bowl Policy for Class-IV appointment after giving due thought to all circumstances, including the fact that there can be no interview for Class-IV employees and nor can be the selection criteria, but just a pick and choose,” the high court declared.
In the eight-page detailed judgment issued on Monday, the high court ruled since in the recent past we have decided number of cases of Class-IV employees. And in each and every selection/appointment, it has been noticed that in our province all the departments are appointing Class-IV employees by adjusting near and dear ones/blue eyes, just in the garb of interview.
“We, therefore, circulate this judgment to all the Departmental Heads of each and every Department of the implementation for the appointment of Class-IV Employees in accordance with the said policy to be named as “Bowl Policy”, failing which the candidates of Class-IV Post are directed to file contempt of court petition against the concerned department as any appointment made under the garb of interview/ selection process would be an illegal act and violation of this judgment,” the judgment stated.
The bench ruled that the high court is witnessing these type of violations every day in the shape of writ petitions. Therefore, we (court) feel it appropriate to direct the provincial government to implement the policy of Peshawar High Court, for the appointment of Class-IV employees in the entire province, in all the departments, which has been practiced successfully by the PHC Chief Justice Yahya Afridi.
“This policy is commonly known as “Bowl Policy”, in the judicial circle, being implemented successfully and at least the Class-IV employees are satisfied with it,” the bench stated.
It said that the policy, so introduced by the Chief Justice after taking oath of the office is that all the names of the eligible candidates are put in a Bowl, who are otherwise physically fit and duly qualified/ eligible for the Class-IV, 1 to 4 post, if so prescribed, and in their presence, their names are picked up in reference to the vacant post, after appointing 25% from Retired Employees Son Quota. The selection against Retired Employee Son Quota shall be on seniority basis i.e. from the date of Retirement.
“The selection/appointment through Employment Exchange is always on the basis of seniority assigned from the date of registration and age, and selection on open merit through Bowl Policy, as explained above,” the court explained.
It was further stated that, “This court has got the every material to undo the appointment orders of the 26 private respondents challenged by the petitioners as the same are ab-initio, void and illegal, but keeping in view the unemployment in the province, we are not in a mode to dispense with their services, however, we direct the respondents to adjust the petitioners as they are the eligible, competent and fit for the post but were not considered under malafide intention, in spite of the fact that due to the malafide and malicious act of official respondents in connivance with the political government has violated the rights of other citizens, as well.”
The court allowed the petitions and directed the government to appoint the petitioners within 15 days.
It was stated that during the course of hearing, the court had sought the Employment Exchange Registration record of the appointed Class-IV employees, but the ADO Legal, Inayatullah, DEO (F) Fayyaz Hussain stated at the bar that there is no Employment Exchange Registration record and said that no such requirement is necessary for the appointment.
However, the court observed that under the law for appointment of Class-1 to 4 registrations from the Employment Exchange is the mandatory requirement for the just and fair appointments.