Demanding regularisation: IHC stays new recruitments in Commissioner’s office

Petitioners urge court to reinstate, stop fresh hiring.

ISLAMABAD: The Islamabad High Court on Friday  restrained the authorities concerned from making new appointments in the commissioner’s office after 57 terminated employees requested to be reinstated and sought regularisation of their services.

Justice Athar Minallah of the IHC ordered to maintain the status quo in the case with directions to the respondents – the secretaries of the establishment division and the Ministry of Interior, chief commissioner and the director administration of the Islamabad Capital Territory (ICT) – to submit their replies on the matter within a fortnight.

The employees through their counsels, Aamir Nadeem Tabish, Hafiz Ali Asghar and Safeer Khadim had approached the high court, requesting it to annul their termination orders and restrain the respondents from hiring in the department afresh.



The counsels argued that their clients had been appointed by the chief commissioner and the director administration of ICT on various posts on daily wages against permanent posts which were set to be regularised.

They said that the petitioners had served in those posts for around three to five years, hoping that their services would be regularised as per a policy of the federal government. However, they were terminated instead.

Apart from the policy of the federal government, the counsel said, the petitioners were entitled for regularisation of their services as per the March 15, 2012, policy of the cabinet’s sub-committee.

The counsel said that firing the petitioners was against the decision of the cabinet sub-committee held on July 4 where it was specifically held that service of any employee will not be terminated without bringing his case before the sub-committee.

Further, the counsels argued that contractual services of all such daily wage employees should be extended till the sub-committee takes a final decision.

Tabish said that the IHC has already accepted several other such petitions directing the respondents to regularise the petitioners. But in this case, he said, the petitioners have not been paid their dues since July.

In the petition, Tabish further stated that the Supreme Court had also issued an identical order carrying directions to regularise contractual employees who have completed a reasonable period of service. He added that the petitioners have a similar case and are entitled to the same relief.

Terminating the petitioners, the counsel said that the respondents had advertised the same posts in newspapers “to be filled by their pick and choose policy” on September 23. He argued that his clients had a right to be accommodated on these seats since they had worked hard for the posts, and are eligible for regularisation.

He prayed the court to set aside the termination order, direct the respondents to restore jobs of the petitioners and regularize them. He further requested to restrain the respondents from making new appointments based on the advertisement.

Published in The Express Tribune, October 15^th, 2016.