JUDGMENT SHEET.
IN THE ISLAMABAD HIGH COURT, ISLAMABAD.
JUDICIAL DEPARTMENT.
WRIT PETITION NO.2503/2009
M. ASHRAF AZEEM
Vs.
FEDERAL GOVT. OF PAKISTAN, ETC.
PETITIONER BY:
RESPONDENTS BY:
DATE OF DECISION:
Sahibzada Anwar Hamid, Advocate along with
petitioner.
Mr. Tariq Mehmood Jehangiri, learned DAG.
Dr. Babar Awan, Advocate for Respondent
No.2.
Mr. Shahid Mehmood Khokhar, Advocate for
Respondent Nos.2 & 3.
Syed Naeem Bukhari, ASC & Mr. Ijaz Janjua,
Advocate for respondent No.4 (M.D PTVC).
Mr. Zahoor Barlas, Joint Secretary for
respondent No.3.
12-04-2013
-------------------------------------------------------------------------------------------------------------------------------------------
SHAUKAT AZIZ SIDDIQUI; J:
Petitioner invoked the
constitutional jurisdiction of this court by way of filing
instant writ petition with the following prayer:“It is therefore, most respectfully prayed that the
action of the respondents in not deciding the representation
of the petitioner in accordance with law may kindly be
declared
to
be
without
lawful
authority
and
the
representation of the petitioner merits to be accepted under
the law.
It is further prayed that keeping in view the facts
and circumstances of the case, the impugned letter/order of
the respondent No.1 may kindly be declared to be without
lawful authority and of no legal effect.
It is also prayed that a direction may kindly be
given to the respondent to pay arrears of salary to the
petitioner.
It is also prayed that the respondents may kindly be
directed to post the petitioner to another post as assured by
them.
It is further prayed that writ petition of the petitioner
may kindly be accepted with costs against the respondents.
Any other relief in addition to the relief claimed if
deemed appropriate may also be granted in the interest of
justice.
W.P No.2503/2009
2
And presented the facts as under:2.
That on account of brilliant educational record,
petitioner was selected on merit as producer in the Pakistan
Television Corporation in the year 1973. Petitioner has put
in 34 years continuous, hard, dedicated, efficient and honest
service in the Pakistan Television Corporation and also
served as General Manager PTVC as well as Director PTVC
Academy, Islamabad. That there are two types of pay
packages introduced by the Federal Government for the
employees of the Federal Government namely Service Pay
Package and Professional Pay Package. Likewise PTVC
following
the
policy
of
the
Federal
Government
also
introduced two pay packages mentioned above. Since the
salary drawn by petitioner was not commensurate with the
qualifications, experience and quantum of work being
undertaken by the petitioner, therefore, the petitioner opted
for Professional Pay Package of PTV by seeking premature
retirement four years before the due date of retirement of the
petitioner. Petitioner took this risk on the assurance given by
the respondent Nos.1 and 2
that he would be given
Professional Pay Package initially for a period of two years in
the pay scale of Rs.425,000/- per month along with other
ancillary benefits. That in accordance with the assurance
given to the petitioner his request for premature retirement
was accepted on 15th October, 2006 by the respondent No.1
and 2 and as per commitment/assurance given to the
petitioner, he was re-employed on 16th October, 2006 after
an interview by a high level committee headed by respondent
No.2. That vide above stated contract letter dated 16th
October, 2006, petitioner was initially re-employed for a
period of two years with immediate effect with total
W.P No.2503/2009
3
emoluments of Rs.425,000/- per month along with other
ancillary facilities and there is no break in the service of
petitioner even of one day. That, it is prima facie evident
from the contract that as per their commitment, respondents
did not incorporate any terms for premature termination of
the contract in order to provide protection the petitioner for
the financial loss he had to suffer on account of premature
retirement. At the time of execution of contract, petitioner
was fully assured that the contract of employment of
petitioner would only be terminated on expiry of two year in
case it is not extended for a further period of two years. This
protection contained in the order/letter dated 16th October,
2006 was the only incentive given to the petitioner to opt for
premature retirement after sacrificing his four years service
in salary package. That to the sheer surprise of petitioner,
Mr.
Yousaf
Baig
Mirza
was
illegally
appointed
as
Managing Director, PTVC on 09.04.2007, only after six
months of the appointment of petitioner. It is pertinent to
mention that while appointing Mr. Yousaf Baig Mirza as
Managing Director PTVC, no written order regarding
posting or termination of the contract of petitioner was
issued. That in view of Ref. No.HP/PF/Ex-MD 951, dated 6th
Feb.
2008
issued
by
Asadullah
Khan,
Controller
Administration and Personal PTVC, petitioner relinquished
the charge of his contractual appointment as Managing
Director PTVC prematurely and in Para 2 of the letter it was
stated that in accordance with the terms and conditions of
Special Professional Scale the management has approved
one month salary to the petitioner in lieu of one month
notice period. It is contended that charge of the post of
Managing Director PTVC has been forcibly taken from
W.P No.2503/2009
4
petitioner without any communication in black and white
except letter dated 6th Feb. 2008 which was absolutely
unconstitutional, arbitrary and was designed to made
applicable with retrospective effect. That in case of Mr.
Yousaf Baig Mirza’s appointment as Managing Director,
there is a specific condition imposed in the contract that the
rules with respect to his appointment will be framed later on
but in the case of petitioner there is a specific condition
imposed in the contract that the rules with respect to his
appointment will be framed later on but in the case of
petitioner there is no mention at all of any rules whatsoever
being made applicable. This fact along with casts a lurid
light on the bonafide of the impugned letter dated 6th Feb.
2008. Petitioner filed representation against impugned letter
but despite lapse of more than a month has not received any
reply, hence filed the instant writ petition.
3.
The respondent No.2, filed report and para wise
comments and raised certain preliminary objections.
4.
On 08.04.2013, this court directed the learned counsel
for respondent No.2 to produce the order of appointment of
present, M.D PTVC, Mr. Yousaf Baig Mirza and also to place
information as to whether before his appointment as M.D
any competitive process was evolved or not? On 09.04.2013
following order was passed:“Learned counsel for PTVC Management has placed
copy of the notification dated 8.10.2010, through which
Mr.Yousaf
Director,
Baig
Mirza,
Pakistan
was
Television
appointed
as
Corporation
Managing
(PTVC),
on
contract basis. Despite repeated questions by this court
learned counsel for PTVC did not answer as to whether
competitive process was evolved before appointment of
Mr.Yousaf Baig Mirza, as M.D or not?. This court astonished
to note that according to the learned counsel there is no
record with the PTVC Management to this effect. Learned
counsel for PTVC management also submitted that record
W.P No.2503/2009
5
about competitive process before appointment of Mr.Yousaf
Baig
Mirza,
may
be
procured
from
the
Secretary,
Establishment Division, as Management is not holding any
such record.
2.
Mr. Ijaz Janjua, Advocate, has put appearance to
represent Mr.Yousaf Baig Mirza, but he also failed to
answer
the
above
question,
rather
prayed
for
an
adjournment to seek instructions from his client but so far
no power of attorney is available with the learned counsel.
3.
In order to ascertain the exact position and to get
the answer of above question, Mr.Yousaf Baig Mirza, M.D,
PTVC, is directed to appear in person before the court on
tomorrow
i.e
10.4.2013.
Similarly,
Secretaries
of
Establishment Division & M/o Information and Broad
Casting, are also directed to depute some responsible
officers to produce record relating to the appointment of
Mr.Yousaf Baig Mirza, as M.D. PTVC. They are further
directed to place specific information as to whether before
the appointment competitive process was evolved or not?.
4.
Office is directed to communicate the order through
fax.
5.
Let matter be posted for hearing for tomorrow i.e
10.4.2013.”
On 10.04.2012 following order was passed:“In response to order dated 9.4.2013, Mr.Yousaf
Baig Mirza, M.D (PTVC) has put appearance alongwith his
learned
counsel
Syed
Naeem
Bukhari,
senior
ASC.
Simillarly, Dr.Babar Awan, learned senior ASC, has put
appearance to represent respondent No.2, and advanced
his arguments at length. Learned D.A.G has produced
recored on behalf of Secretary, M/o Establishment Division,
as was directed vide order dated 9.4.2013. Mr.Zahoor
Barlas, Joint Secretary, appearing on behalf of respondent
No.3, submitted that, record produced by Secretary M/o
Establihment is same which M/o Information and Broad
Casting possessed.
2.
Mr.Yousaf Baig Mirza, M.D (PTVC) is directed to
palce on file, record of the contract employment, made
during his tenure particularly Group-IV and above, with
details of their salary / emoluments package etc. He is
further directed to place on file, reord of 3% incremental
commercial revenue included in his salary package and
details
of
package
besides
his
grand
salary
i.e
Rs.12,75,000/- and which he is receiving since his
appointment.
3.
Petitioner is directed to implead Mr.Yousaf Baig
Mirza, M.D (PTVC), as respondent No.4. Needful has been
W.P No.2503/2009
6
done in the court. Learned counsel for Respondent No.4,
shall address his arguments on next date of hearing, as to
whether Constitution of Pakistan and dictums laid down by
Honourable Supreme Court of Pakistan, require competitive
process for the appointment of M.D (PTVC) and other
persons of managerial / executive group?
4.
5.
Adjourned to 12.4.2013.”
Mr. Shahid Mehmood Kokhar, learned counsel for
respondent No.2 i.e PTVC through NOC allowed Dr. Babar
Awan, ASC to supersede him which NOC has been annexed
with power to attorney filed by Dr. Babar Awan, learned
counsel for respondent No.2, PTVC.
6.
Mr. Naeem Bukhari, filed his power of attorney to
represent Mr. Yousaf Baig Mirza, M.D, PTVC.
7.
In compliance of order dated 10.04.2013, Mr. Yousaf
Baig Mirza, through his learned counsel filed comments
which are being reproduced herein below in toto:“Preliminary Objections:
1. The Petitioner relinquished his charge as Managing
Director, PTV on 10.04.2007, without protest.
He joined Dunya TV as MD on 16.11.2007 and
relinquished that charge on 30.06.2008. He was
drawing a salary of Rs.500,000/- per month
approximately from Dunya TV.
Copy of relinquishment of charge as MD PTV is
(Annex-R/1).
2. The titled Petition was apparently filed in the
year
2009.
The answering Respondent has been impleaded on
10.4.2013, on the orders of the Court, almost five
years of the filling of the petition. This impleadment is
hit by laches.
3. No relief has been claimed against the answering
Respondent.
The
answering
Respondent’s
impleadment
travels
beyond the averments in the petition and the prayers
made.
4. It is admitted by the petitioner that he was appointed
as MD PTV on Service Pay Package “till further ordrs
w.e.f 12.9.2006 in M-1 Scale”.
W.P No.2503/2009
7
Thereafter in order to secure a higher pay package, the
petitioner opted for premature retirement from regular
service of PTV.
Copy of option of the Petitioner is at page 10 of
the comments of Respondents No.2 & 3.
5. It is admitted in paras 7, 8 and 9 of the petition that
after taking premature retirement from regular service,
the petitioner was re-employed on contract w.e.f
16.10.2006. (Emphasis added).
It has been reiterated in more than one judgement of
the Apex Court and this honourable Court, authored
by My Lord Mr. Justice Shaukat Aziz Siddiqui, that
there being no statutory rules of service in PTV, even
regular employees cannot maintain a Constitutional
Petition under Article 199.
This discretion cannot be availed by or extended to a
contractual employee, claiming arrears of salary under
a time bound contract of service.
6.
The Petitioner’s primary reliefs are:
(i)
(ii)
(iii)
to decide the representation of the petitioner;
Challenge to the letter dated 06.2.2008;
Payment of arrears of salary
The claim for posting to another post is obviously
untenable
as
the
petitioner
had
taken
premature
retirement, was made MD till further orders and has
crossed the age of superannuation.
However, the petitioner joined Dunya TV channel
as its MD and has also been appointed as President,
Institute of Regional Studies, Islamabad, under the
Ministry of Information and Broadcasting, as pr prevailing
practice, vide notification dated 02.08.2011.
Coy of the Notification is (Annex-R/2).
7.
The
petitioner
admits
in
para
11,
that
the
answering Respondent was appointed on 9.4.2007 and
notification issued on 10.4.2007.
However,
the
petitioner
acquiesced
in
his
removal,
relinquished the charge and has not challenge the same,
even in this present writ petition, which was filed
apparently in the year, 2009.
8.
The petitioner admits in para 8 of the petition, that
he too was appointed through the process in vogue, on the
basis of interview and selection.
This practice is spread over the entire period of creation of
PTV.
9.
The answering Respondent relinquished the charge
of MD PTV on 21.6.2008.
Thereafter, three (3) MD PTV were appointed (one
officiating), under prevailing process and practice.
W.P No.2503/2009
8
In fact from 1967 till 9.10.2012, there has been no
advertisement for the appointment of MD PTV, which till
10.10.1993, with the appointment of Mr. Farhad Zaidi,
again through the established process.
The other outsiders/ non-civil servants/not in service
employees appointed as MD PTV, include Mrs. Rana
Sheikh, Mr. Muhamamd Arshad Khan (appointed twice),
Dr. Shahid Masood, appointed both as Chairman/MD
PTV.
Chart of MD’s appointment with notifications is
(Annexure-R/3).
10.
A petition for claim of arrears of salary is being
converted into a writ in the nature of quo warranto qua
the answering Respondent. A campaign of vilification and
slander was initiated by the Jang/Geo Group against the
answering Respondent, with whom PTV has been in
extensive litigation.
This campaign included inspired articles, news reports, TV
programmes, columns, which include, but is not limited
to, various columns, by Mr. Irfan Siddiqui.
PTV has been constrained to also file a civil suit against
the Jang/Geo Group for damages.
A Chart of cases, civil suit (Annex R/4 & R4/A),
Newspaper Articles (Annex-R-4/B) and articles by Mr.
Irfan Siddiqui, a columnist of the Jang Group and
reportedly an employee/Advisor of PML (N) Media
Centre are (Annex R/5).
11.
The answering Respondent has a track record in
the TV industry.
After his first tenure as MD PTV ended on 8.3.2003, the
answering Respondent became Managing Director of GEO
TV Network, inclusive of all its channels.
After the second period as MD PTV, which ended on
21.6.2008, the answering Respondent became MD of
Dunya TV in October 2008 and left answering Respondent
became MD of Dunya TV in October 2008 and left that
assignment after being called by the then Secretary
Information, Mansoor Sohail as well as the then Principal
Secretary to the Prime Minister, Ms. Nargis Sethi for
interview and subsequent interview with the then Prime
Ministr Mr. Yousaf Raza Gillani for the present job.
The chart of his emoluments including bonus received
and Income Tax paid, while MD of Dunya TV is (AnnexR/6).
12.
The petitioner accepted a reduction in guaranteed
salary being paid by Dunya TV and took its current
W.P No.2503/2009
9
assignment as a challenge to boost the commercial
revenue of PTV, out of which the answering Respondent is
entitled to a share, on the incremental revenue only.
The
total
emoluments
received
by
the
answering
Respondent from PTV average Rs.2.5 million per month,
all inclusive, plus commission represent an increase of
Rs.125,000/- per month only.
Chart is attached as (Annex-R-6/A), while the increase
in the commercial incremental revenue in PTV is
100% over 2.3/ years the chart is (Annex-R/7).
13.
The payments or salary levels in television industry
has undergone phenomenal increase, because of the very
high demand of good Media Professional on the number of
TV requests are increasing day by day.
Payments to Anchors vary from 2.5 million per month to 3
million per month.
Even top executives in the highest bracket are in the range
of Rupees 2 million to Rs.3.5 million per month.
This Honourable Court may graciously, in its wisdom, lay
down any criterion for selection/appointment of MD in
PTV to be followed in future.
The name of the answering Respondent, added in court on
10.04.2013, may therefore, be deleted and the petition
disposed of in accordance with law.
However, in today’s hearing Mr. Naeem Bukhari,
learned counsel for respondent No.4 submitted that being an
officer of the court, it is his duty to take fair stance and he
will appreciate, if this court directs that all the appointments
in
Government
owned
companies,
corporations,
establishments and organizations etc. be made through
competitive process, on non-political consideration, in a
transparent manner and purely on merits. Learned counsel
requested that since the coverage of election activities is
being carried out by the PTV at the larger scale, therefore,
his client be allowed to work till 12th of May, 2013.
8.
Dr. Babar Awan, also filed additional comments on
behalf of respondent No.2.
W.P No.2503/2009
9.
10
Mr. Tariq Mehmood Jehangiri, learned DAG placed on
file different notifications, issued in favour of petitioner and
respondent
No.4,
and
informed
that
according
to
instructions appointment of Respondent No.4 was made on
verbal direction of the Secretary Cabinet Division.
I have heard the learned counsel, perused the
documents annexed with the pleadings and comments.
10.
There is no doubt that notification dated 12th Sept.
2006 of the appointment of petitioner as M.D (PTVC) in M-1,
scale was without specific period but vide letter Ref.
No.HPP/248/9814, dated 16th October, 2006, the period of
contract was specified for two years and during currency of
period of contract a notification of the appointment of
respondent No.4, Mr. Yousaf Baig Mirza, dated 9th of April,
2007, issued by the Establishment Division followed by
officer order dated 10.04.2007, of his charge assumption
was issued. It is worth to mention here that the order of
termination of contract of petitioner was not issued till 6th of
Feb. 2008 when office Order Ref. No.HP/PF/Ex-MD/951,
issued and petitioner was informed in the following words:“PAKISTAN TELEVISION CORPORATION LIMITED
Federal TV Complex
Constitution Avenue,
Islamabad.
Ref. No.HP/PF/Ex-MD/951
February 6, 2008
NOTIFICATION
“Consequent upon appointment of Mr. Yousaf Baig
Mirza as Managing Director on 10.04.2007, Mr. Muhammad
Ashraf Azeem had relinquished the charge of his contract
appointment as MD PTVC prematurely.
In accordance with terms & conditions of Special
Professional Scale, the management has approved payment
of one month’s Basic Salary amounting to Rs.238,700/- to
W.P No.2503/2009
11
Mr. Muhammad Ashraf Azeem, Ex-Managing Director PTVC
in lieu of notice period.
This issues with the approval of the competent
authority.”
(ASAD ULLAH KHAN)
Controller
Administration & Personnel”
11.
Perusal of different applications/representation filed
by the petitioner, reveal this fact that thereafter, the main
grievance was confined to payment of salary for remaining
period and appointment in M-1 at some other place. The
stance of the respondent No.2 is that representation of
petitioner has already been decided and he also been
accommodated by giving him appointment as
President
Institute of Regional Studies (IRS). However, learned counsel
for petitioner emphasised that petitioner is entitled to
complete period of his contract and as he accepted the letter
of appointment under the compelling circumstances. Be that
as it may, fact of the matter is that writ cannot be issued for
enforcement of contractual obligations and petitioner, if so
advised may file civil suit before the court of competent
jurisdiction for recovery of salary and damages if any, the
writ petition is not maintainable.
12.
Instant writ petition was filed on 23.07.2008 and vide
order dated 19.12.2008, report and para wise comments
were sought from the respondents within 02 weeks. Till last
date of hearing i.e 10.04.2013, Mr. Yousaf Baig Mirza, M.D,
PTVC was not impleaded as respondent, as according to the
contents of writ petition, cause of action accrued to the
petitioner by sudden landing of Mr. Yousaf Baig Mirza, as
M.D PTVC, therefore, this court directed the petitioner to
W.P No.2503/2009
12
implead him as respondent No.4. Another important aspect
required to be mentioned that during the pendency of
instant writ petition Mr. Yousaf Baig Mirza, vide notification
No.1/42/2004-E-6, dated 8th Oct. 2010, appointed M.D
PTVC on contract basis for the 3rd time. The contents of
latter notification of appointment are of some significance,
therefore, reproduced herein below:GOVERNMENT OF PAKISTAN
CABINET SECRETARIAT
ESTABLISHMENT DIVISION
*****
NO.1/42/2004-E-6.
Islamabad, the 8th October, 2010
NOTIFICATION
“Mr. Yousaf Baig Mirza is appointed as Managing
Director, Pakistan Television Corporation (PTVC),
on
contract basis, with immediate effect and until further
orders. (emphasis provided).
The terms and conditions of the appointment
will be notified separately.” (emphasis provided)
(Ch. R.A Zia)
Deputy Secretary to the
Government of Pakistan
13.
I would refrain myself from giving any observation on
the competence, caliber, eminence, experience, performance
and qualification of Mr. Yousaf Baig Mirza. This court just
required to satisfy itself, as to whether for appointment of
Managing Director, PTVC from open market, the Government
is required to evolve the competitive process or not?
Although, Dr. Babar Awan, learned counsel for respondent
No.2 took the stance that due to previous practice and
precedents prevalent since 1967, 3rd time appointment of Mr.
Yousaf Baig Mirza is no exception and same cannot be
termed illegal, as the Board of Directors of PTVC, gave its
W.P No.2503/2009
13
approval. However, Mr. Naeem Bukhari, learned counsel for
respondent No.4 submitted that in the light of latest dictums
laid down by the Hon’ble Supreme Court of Pakistan,
requirement of competitive, transparent process cannot be
ignored. Although, in the past, M/s Fazal Kamal, Shahid
Rafi, Ashraf Azeem (present petitioner), Arshad Khan, Agha
Nasir and Hameed A. Qureshi were appointed M.D, twicely
but Mr. Yousaf Baig Mirza, is the only one who blessed with
appointment for the 3rd time and vide Office Order dated
15.01.2011, he has been given following package:FROM:
PAKISTAN TELEVISION CORPORATION LIMITED
Federal TV Complex, Constitution Avenue, F-5/1,
Ref. No.HP/130/375,
Islamabad
dated January 15, 2011
OFFICE ORDER
“Mr. Yousaf Baig Mirza has been appointed as Managing
Director, Pakistan Television Corporation (PTVC) on contract basis
vide Govt. of Pakistan, Cabinet Secretariat, Estab. Division,
notification No. 1/42/2004 E-O dated 08.10.2010. He assued the
charge w.e.f 09.10.2010.
2.
Mr. Yousaf Baig Mirza shall be entitled to the following
pay package/perks w.e.f. 09.10.2010, in terms of the approval of
the Prime Minister conveyed by the Prime Minister Secretariat,
Islamabad vide letter No. 12/PSPM/2011 dated 15.01.2011.
i)
Salary
House
Rent
Allowance.
Utilities allowance.
Total Gross Salary.
ii)
Vehicle
Rs. 1,000,000/- per month.
Rs. 200,000/- per month.
Rs. 75,000/- per month.
Rs. 1,275,000/- pr month.
Plus 3% of the monthly
advertising revenue earned
over and above the average
per month revenue of the
year (for twelve months)
ended 30th June, 2010. This
per month average revenue
of the year ended 30.06.2010
will be the basic amount to
work out his performance
linked pay and will remain
effective for the purpose
calculating in the subsequent
contractual years as well.’
Performance linked pay will
also be calculated and paid
on monthly basis and will be
paid to Mr. Mirza in the
subsequent month.
Chauffer driver 1600 CC
Car with unlimited fuel
for private & official use
maintained
by
the
Corporation.
W.P No.2503/2009
14
iii)
Leave
iv)
Travel
v)
Daily allowance
vi)
Entertainment
vii)
Medical
viii)
Bonus
ix)
Phones
x)
Security Guards
xi)
Gratuity
xii)
Provident Fund
xiii)
Increment rate.
xiv)
Contract period.
xv)
Others.
20 days en-cashable
earned
leave
per
annum.
Domestic/International:
Business Class.
Domestic/International:
As permissible for MP-I.
On actual basis
OPD and hospitalization
on actual basis.
Same as paid to other
staff every year.
One mobile phone with
unlimited
use,
one
residential
land-line
phone
with
Rs,
10,000/monthly
ceiling.
One
fax
connection at residence
on actual basis.`
`Security
Guards
at
residence round the
clock.
One month basic salary
per year.
10% of the basic salary.
Rs.
50,000/per
annum.
Three years. In case of
early termination of the
contract, a notice of
three months will be
required
from
other
side, or gross salary in
lieu thereof.
All
other
benefits/facilities
available staff of PTVC.
(Asad Ahmad Jaspal)
Director
Administration & Personnel
Mr. Yousaf Baig Mirza,
Managing Director,
PTV, Headquarters,
Islamabad.
Copy to: DCAP-I/CDAP-II/DCF(C)/DCF(H)/SPF/HAS/914
cc:Director Finance
Personal File/Office copy
14.
It is amazing to note that, respondent No.4 was
appointed for the 3rd time in October 2010 but terms and
conditions of his service were fixed on 15.01.2011 which
itself is not only dubious but un-precedented as well. It is
beyond the comprehension that any head of Organization
would be allowed to take profits from the income/reverence
received. I totally failed to understand that why Mr. Yousaf
W.P No.2503/2009
15
Baig Mirza, declared entitled to get 3% of Monthly
Advertisement Revenue beside his salary. As head of PTVC,
he was suppose to work for generating/increasing income of
PTVC but not to get share out of it. Although, his entire
package looked unreasonable but this part is offensive to the
rights of regular employees and those who retired by giving
their youth to PTVC but neither being paid reasonable
salaries nor their due pension. I have no hesitation in
holding that Mr. Yousaf Baig Mirza, was not entitled to
receive
any
amount
against
advertisement
revenue,
therefore, he is under obligation to return whole amount
received by him as 3% of Monthly Advertisement Revenue.
The
august
Supreme
Court
through
different
authoritative pronouncements, more particularly Tariq Azizud-Din case reported as 2010 SCMR, 1301, Muhammad
Yasin’s case, reported as PLD 2012, S.C 132, Sh. Riaz-ulHaq, case in Constitutional Petition No.53/2007 and Hajj
Corruption
reported
as
PLD
2011,
S.C
963,
held
categorically that for appointments in the state owned
Companies, Corporations, Establishments, Organizations,
etc. process of appointment need to be competitive, credible,
fair,
transparent
and
on
merits,
instead
of
political
affiliation, specific background and favouritism.
If any director of the PTVC is to be promoted then
principle of seniority-cum-fitness has to be followed and if
circumstances compel, then any person may be appointed
from the open market but through competitive, transparent
and objective process.
In this view of the matter, I am totally convinced that
appointment of respondent No.4 is result of colourable
exercise of authority, without due process, non-transparent
W.P No.2503/2009
16
approach, against the principles of healthy competition,
fairness, openness, merit, offensive to the constitutional
provisions and besides the dictums laid down by the Hon’ble
Supreme Court of Pakistan. As such notifications of his
appointment
No.1/12/98-E-6,
dated
9th
April,
2007,
No.1/42/2004-E-6, dated 8th Oct. 2010 followed by Office
Order dated 15.01.2011 are set aside. He shall cease to be
M.D; PTVC, forthwith, and all the appointments made during
his tenure, without competitive process are also declared as
illegal and void. The Secretary, Ministry of Information is
directed to commence competitive process with proper
advertisement if, appointment of M.D PTVC is to be made
from open market, may be completed within 03 weeks but
not later than 10th of May, 2013. The office of Managing
Director, PTVC is very important, sensitive, and strategic
post, as organizational behavior of this State Owned
Corporation has strong impact on the society and culture of
the country.
15.
According to the information, submitted before court,
Mr. Mustafa Kamal Qazi, Director Engineering, is the senior
most Working Director in PTVC
therefore, he is to act as
Managing Director, PTVC till the appointment of regular
Managing Director through competitive process or through
internal appointment of any Director as M.D PTVC.
16.
Acting Managing Director, PTVC shall look after day to
day affairs, necessary to run the establishment of the PTVC.
He is also directed to proceed in accordance with law against
all
employees
brought
to
the
establishment
without
competitive process, during last two tenures of Mr. Yousaf
Baig Mirza. However, low paid employees like sweepers,
maid, qasids, office attendants etc. may not be removed. He
W.P No.2503/2009
17
is further directed to get calculated from financial expert of
PTVC, the total amount received by Mr. Yousaf Baig Mirza as
3% of Monthly Advertisement Revenue and immediately
recover that amount from him.
The report of steps taken shall be submitted to the
Registrar of this court for perusal of court.
The Writ Petition is disposed of with above directions.
(SHAUKAT AZIZ SIDDIQUI)
JUDGE
Approved for Reporting.
“Waqar Ahmed”