PReply on Facts

(1): Para no 1 is correct to the extent of respondents current Office Address where they are employeed.

(2): That para no 2 is incorrect as the Project known as KhyberPakhtunkhwa-Southern Area Development
Project(KP-SADP) is funded by Multi Donors under the full control of Government of Khyber-
Pakhtunkhwa run through the Administrative Department of Local Government, Election an Rural
Development Department(LG&RDD) and Commissioner D.I.Khan Division is the fully authorized Project
Director.

(3): Para No 3 is incorrect and grossly misleading, mis constructed and misguiding. The petitioners
invited application through publication in News Papers for different Posts in the Project throughout the
Province and the respondents applied for the posts and are duly selected after due process and are
appointed on the posts mentioned against their names in June 2013.The respondents successfully
completed their probation period of six months and their services was duly extended to June 2015.On
9th July 2015 the Commissioner D.I.Khan/Project Director KP-SADP issued a letter bearing No PMU/KP-
SADP/2448-54 in which it was specifically mentioned that the performance evaluation of the staff
members(list attached) will be done by the Committee and based upon their recommendations the
individual contract will be awarded accordingly and that in case the performance of any staff member
was found unsatisfactory by the Committee their contract will be terminated without any further
notice( The latter is attached as annexure as A).

(b) That the Petitioners miserably failed to annex any document purporting to have been issued by the
aforesaid Committee to justify the non-extension of the services of respondents. But instead the
petitioners grossly misguided and misleaded this Honorable Court by submitting false, fabricated, forged,
ghost, illegal, dubious and unauthorized performance evaluation reports of the respondents and
knowingly and willfully concealed this decisive and crucial documents from this August Court blatantly
violating their statements on oath before this Honorable Court. The petitioners are repeating the same
blunder before this Honorable Court without any remorse and having not an iota of regard for the
consequences. The attitude of the petitioner is alike the arrogant oppressor who mischievously tries to
loge an FIR against the oppressed one.(the aforesaid evaluation report of another officer is attached as
annexure C for reference and ready perusal)

(4): Para no 4 is correct which refers to the Writ Petition No 838-D/2015, in which this Honorable Court
granted interim relief after thorough arguments by Learned Council for respondents. Having no any
other officious remedy the respondents pinned all their hopes on this August Court for the redressal of
their foremost grievances and enforcement of their fundamental rights against the personal malice,
discrimination and prejudices of the petitioners. But the arrogant ,recalcitrant, self-willed and perverse
attitude and behavior of the petitioners can be gauged from the fact that they withheld the salaries of
the respondents for more than three years and are still not paying the poor and humble respondents
their outstanding salaries despite the repeated orders and judgements of this August Court(without an
iota of fault on their part and innocence on the part of respondents)(order sheets and judgements are
attached as annexure D)
(5): Para No 5 is correct to the extent that the petitioners submitted their comments before this
Honorable Court in which they grossly misguided and misleaded this Honorable Court by submitting
false, pseudo and frivolous documents by dint of which the petitioners obtained immunity and
exemption from the proceedings of this Honorable Court through fraud, malpractice, falsity
misrepresentation, legal and procedural improprieties and foul play and placed this Honorable Court and
the respondents in dark wood where the search for truth has been thwarted. The then respondents in
this case were high ranking Government Servants and in no anyway whatsoever they were enjoying
immunity and exemption from the proceedings of this Honorable Court. But in the instant case the
Commissioner D.I.Khan Division being the fully authorized Project Director, the Secretary Local
Government, Election & Rural Development Department(LG&RDD) being the overall incharge of the
Project and all the other respondents in the case were and are Governments and they can not demand
immunity and exemption from the proceedings of this Honorable Court( Comments and documents
attached as annexure F)

(6): Para No 6 is correct in which this August Court directed the petitioners in a crystal clear and
unequivocal terms to release the salaries of the respondents if they have not been relieved from the
service prior to the institution of Writ Petition No 838-D/2015. The poor and humble petitioner again
earnestly requested the petitioners to release their monthly salaries in the light of the judgement of this
Honorable Court as the services of the respondents were not terminated by the Competent Authority ie
Commissioner D.I.Khan/Project Director through any written order and the respondents were continually
performing their official duties. Rather than honoring the judgement of this Honorable Court in letter
and spirit or if aggrieved challenge the same before the Superior Courts or file a review petition before
this Honorable Court ,the petitioners arrogantly and uncaringly rejected the the appeal of the poor and
humble respondents and copied the same to the Additional Registrar of this Honorable Court.(copies of
letters attached)

(7): Para No 7 is correct.This Honorable Court again made their judgement in favor of the respondents
and observed the non-implementation of the judgement dated 24-05-2016 and once again this August
Court directed the petitioners to release the salaries of the respondents otherwisee the court will not
hesitate to initiate the contempt of court proceedings against the respondents.

(8): Para No 8 is correct to the extent of seeking opinion from the Law Department of Government of
KPK but the Petitioners miserably failed to comply with the directions given by the Law Department of
Government of KPK in letter and spirit. The Decision of the Scrutiny Committee comprising Additional
Secretary(Opinion) Law, Assistant Advocate General on behalf of Advocate General KPK and the
Petitioner on behalf of Local Government, Election and Rural Development Department Government of
KPK, is reproduced for reference and ready perusal of this August Court

“After threadbare discussion it was decided with consensus by the Scrutiny Committee that the subject
case was not a fit case for filing Appeal/CPLA in the Supreme Court of Pakistan as no appeal had been
preferred by the Administrative Department against then original judgement rendered in the case.
However the Administrative Department was advised to file either 12(2)CPC Application/Objection
Petition in the case if any” . In fact the Law Department of Government of KPK has made their decision in
favor of the respondents. This procedure followed by the petitioners is a complete U Turn from their
previous stance before this Honorable Court. Had the petitioner told this August Court truth and nothing
but the whole truth and had not misleaded and misguided this honorable court on many counts and had
followed the same procedure in compliance with the orders of this Honorable Court in Interim Relief
dated 17-12-2015 and in the judgement dated 24-05-2016, the dispensation of justice would have never
been put into jeopardy, there would have been no miscarriage of justice, the respondents would have
never been suffered so hugely and would have never been went through extreme mental anguish and
physical and financial sufferings and their right of access to justice, fair trial and due process would have
never been violated and compromised. Moreso _____

(9):Para No 9 is incorrect and grossly misleading. The petitioners did not comply with the judgement of
this Honorable Court in letter and spirit and submission of meager and inadequate salaries before the
Additional Registrar of this August Court was just an eye wash on the part of petitioners in order to
mislead and misguide this Honorable Court.( order sheet of this Honorable Court for the release of
outstanding salaries is attached annexure G).

(10): Para No 10 is grossly misleading ,delusive and misguiding. The petitioners mischievously, with
personal malice and prejudice, are vainly trying to deprive the petitioners from their lawful, licit,
legitimate, constitutional, accrued and fundamental rights of their jobs and outstanding salaries till the
date. This honorable court should take in to account all the relevant facts, circumstances, records and
evidences in the instant case for the best interest of justice, rule of law, fairness, equality and due
process.12(2)

Reply to the Grounds

(A): Para No A of ground is incorrect and misleading as the reported judgement PLD 2016 Peshawar 84 is
about the constitutional petition decided with in a period of 6 months whereas the respondents Writ
Petition No838-D/2015 was decided with in a period of less than 6 months. Hence the interim order
passed in writ petition No 838-D/2015 and it was not merged nor mentioned in constitution petition No
838-D/2015.Therefore the plea of the petitioners is against the norms of justice. More importantly the
petitioners neither complied with the orders of this of this honorable Court passed on 17-12-2015,nor
followed the same course of action as they were legally bound to follow have been followed in the
judgment in COC petition No 591-D/2017, nor they filed a review petition in this Honorable Court nor
challenged the same in the Superior Courts. But in sharp contrast the petitioners grossly misguided and
misleaded this Honorable Court by creating the wrong impression by submitting false, frivolous and
irrelevant documents that the Government of KPK has no any say in the subject matter, that the
Commissioner D.I.Khan despite being the fully authorized Project Director and the Secretary Local
Government Election & Rural Development Department(LG&RDD)Government of KPK, despite being the
overall incharge of the Project, has no any financial competency to honor the orders passed by this
Honorable Court on 17-12-2015 in interim relief. And that the World Bank is not willing to release the
monthly salaries of the respondents and even to the extent that the petitioners are immune and
exempted from the proceedings of this Honorable Court(3 replies attached)
(B): (1) That Para No B is incorrect and vehemently denied as the Main Writ Petition No 838-D/2015 has
not been decided on merits because in para no 7 of the judgment it has been held that ”Admittedly the
status of petitioners and respondents are that of Master and Servant and the controversy involved in the
instant writ petition is of factual one, which cannot be adjudged without recording pro and contra
evidence “.More so the petitioners has done a dishonest concealment and suppression of facts and
material information from this August Court and instead submitted false, ghost and unauthorized
documents without proper sanction by the competent authority through which the petitioners had
taken benefit of manipulation resultantly not leaving an iota of space for the poor and humble
respondents to be given any benefit of doubt. Even to the extent that the petitioners have been granted
immunity and exemption despite being sitting on the Highest Government position which is against the
very spirit of Constitution of the Islamic Republic of Pakistan.

(2): That the petitioners mischievously, maliciously, with malafide intentions and willfully wants to
deprive the Respondents from their fundamental, lawful, licit, legitimate, constitutional, authorized and
justified rights of jobs and outstanding salaries till the date through the judgement of this Honorable
Court in Writ Petition No 838-D/2015. The then respondents and now petitioners deliberately ,willfully
and with malafide intentions concealed and suppressed certain very crucial and significant information
and documents from this Honorable Court and also from the Respondents, particularly regarding and
Office Order issued by the Commissioner D.I.Khan/Project Director ,Dated December 28th 2015 to the
effect that the Contract Agreement of the staff working in KP-SADP(list attached) has been extended till
30-06-2016 but unfortunately concealed this letter from this Honorable Court and from the respondents
as well( COPY ATTACHED)

(3): : That the petitioners are cunningly trying to deprive the respondents from their lawfull, licit,
legitimate, constitutional, authorized and justified rights of jobs and outstanding salaries till the date
through the abuse of the judgement of this Honorable Court, as the respondents employment contract
along with all the Project Employees was extended till 30-06-2016,but this Hounurable Court dismissed
the Respondents Petition No 838-D/2015 on technical grounds being non-maintainable on 24-05-
2016.Now the respondents mischievously, with malafide and evil intentions use the judgement of this
Honourable Court to Deprive the respondents from their lawful, licit, just, recognized and fundamental
rights of jobs and their outstanding salaries till the date. The petitioners are trying in a heartless and
uncaring manner to shift the burden of their responsibilities towards this Honourable Court.

(4): That depriving the respondents from their lawful, licit, legitimate, constitutional and fundamental
right of their jobs and outstanding salaries under the pretext of the judgement rendered by this
Honourable Court in Writ Petition No 838-D/2015 on 24-05-2016 will be grossly violative of the
Principles of Natural Justice which are universally recognized to be fundamental to the dispensation of
justice. As in the said judgement the respondents are neither charged with, nor given any reason neither
pointing towards any offence of omission and commission, gross misconduct , corruption, misuse of
authority for personal gains, loss to the Project, insubordination, embezzlement, incompetence and
fraud. Rather the respondents performed their duties with professionalism, dedication, commitment and
integrity
(5): That the petitioners concealed an important inquiry report from this Honorable Court regarding
serious allegations of sexual harassment to the female staff , including one of the female respondent in
the instant petition, by some of the high ranking officers of the Project and a proper inquiry was ordered
by the Commissioner D.I.Khan Division, under the chairmanship of the Deputy Commissioner D.I.khan
and comprising other high ranking officers from other departments and also from the Project. The
Inquiry Committee thoroughly investigated the allegations and submitted their report to the
Commissioner D.I.Khan. But the aforementioned inquiry report was concealed from this Honorable
Court and also from the respondents despite their repeated and humble requests. After their strenuous
efforts the respondents succeeded in obtaining the aforesaid inquiry report through Right to
Information Act(RTI).But the petitioners concealed this inquiry report from this Honorable Court and also
from the respondents which resulted in the miscarriage of justice( the inquiry report and RTI letters are
attached as annexure G)

(C) : Para No C is incorrect and grossly misleading. The petitioners did not comply with the judgement of
this Honorable Court in letter and spirit and submission of meager and inadequate salaries before the
Additional Registrar of this August Court was just an eye wash on the part of petitioners in order to
mislead and misguide this Honorable Court.( order sheet of this Honorable Court for the release of
outstanding salaries is attached annexure G).

(D): That Para No D is absolutely correct to the extent that the courts are also the custodian of public
exchequer and guardian and protector of the fundamental rights of the citizens of the Islamic Republic of
Pakistan but the respondents cannot shun their duties and responsibilities with respect to the sanctity,
authority, power and dignity of Courts and the Constitution of the Islamic Republic of Pakistan.

It is therefore respectfully and earnestly prayed that this Honorable Court necessarily take in to
account all the facts, circumstances records and evidences of the instant case for the enforcement of the
fundamental, lawful, licit, legitimate, constitutional, authorized, justified and accrued rights of jobs and
outstanding salaries till the date of the poor and humble respondents , for the best and largest interest
of justice, equality, fair and due process, access to justice and for the sanctity ,prestige , authority and
power of this honorable court and also on sympathetic ,compassionate, and humanitarian grounds for
not an iota of fault on the part of the poor and humble respondents and the authorities and officials
instrumental involved in this scandal are to be dealt with under the law and their misdeeds are not to be
ignored.

That the petitioners may be strictly directed to release all the remaining outstanding salaries of the poor
and humble respondents with immediate effect and without any further delay and the respondents may
be allowed to resume their official duties for it is not merely of some importance but is of fundamental
importance that justice should not only be done but should manifestly and undoubtedly be seen to be
done.
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