Federal govt submits proposals in SC regarding reinstatement of govt employees sacked through an earlier judgment

ISLAMABAD, Dec 15 (SABAH): The federal government on Wednesday submitted proposals in the Supreme Court of Pakistan (SCP) regarding reinstatement of government employees who were sacked through an earlier judgment.

Meanwhile five-member larger bench of the apex court headed by Justice Umar Ata Bandial and comprising Justice Sajjad Ali Shah, Justice Syed Mansoor Ali Shah, Justice Qazi Muhammad Amin Ahmed and Justice Aminuddin Khan will deliver judgment today (Thursday) on the appeals of the over 16,000 sacked employees. The bench will hear 146 appeals at 11:30 am today (Thursday). These employees were sacked through the apex court judgment delivered by the bench headed by former justice Mushir Alam.

Attorney General for Pakistan Barrister Khalid Jawed Khan submitted suggestions before the larger bench hearing review petitions against the SC judgment.

Regarding employees from BS-1 to BS-7 or equivalent, it was proposed that the employees “falling in this said category and working in respective Departments/bodies/corporations before the judgment on 1 [7-8-2021] may be allowed to continue their services in the light of the judgment of this Hon’ble Court in the case of “Muhammad Akram vs. Registrar, Islamabad High Court (PLD 2016 SC 961 at 993) and Dr. Naveeda Tufail & others vs. Government of Punjab & others (2003 SCMR 291 at 308)”.

About employees from BS-8 to BS-17 or above, the government suggested that the employees falling in this category and working in respective Departments/bodies/Corporations before the judgment on [7-8-2021] will have to undergo appropriate process/test to be conducted by the Federal Public Service Commission (FPSC) for the purpose of determining as to whether they are fit to hold the post to which they were appointed. This exercise may be completed within three months.

“Their past service will be treated as ad-hoc and would not count for the purpose of seniority which would be based on the date of regular appointment after the recommendation of the FPSC. DS, Pakistan Railways v. Usman Ali (2021 SCMR 1008),” the proposal stated.

The cases of those employees who have retired from their service or passed away may be treated as past and closed transactions. However, it shall not entitle them to pension, as they were never regularized constitutionally, it added.

The proposal further suggested that any employee affected by the judgment and who had filed cases earlier which were disposed of solely on the basis of the Ordinances or the Act, 2010, are free to approach the respective Courts and the Courts may decide the cases in accordance with the law. However, they will not be non-suited on account of laches alone.