The federal government on Wednesday submitted proposals in the Supreme Court (SC) regarding reinstatement of government employees who were sacked through an earlier judgment.
Attorney General of Pakistan (AGP) 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 judgement on 1 [7-8-2021] may be allowed to continue their services in the light of the judgement 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)”.
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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 judgement 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 judgement 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.
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