PHC stays closure of K-P works dept

Govt also stopped from forcing golden handshakes, establishing replacement company

PESHAWAR:

The Peshawar High Court has stayed the closure of the K-P Public Works Department (PWD), the establishment of a new company in its place, and the forced retirement of employees under a "golden handshake" scheme.

The court has demanded a response from the federal government on the petition filed against these actions.

A two-member bench comprising Justice Ijaz Anwar and Justice Ijaz Khan Sabri heard the petition filed by Noor Zameen Shinwari and other employees of the Pakistan Public Works Department. During the hearing, Barrister Aamir Javed and Barrister Saqib Raza represented the petitioners.

The petitioners' lawyers informed the court that the department currently employs over 6,000 staff members, including officials and officers from grades 1 to 22. The department is responsible for the protection and maintenance of 17,694 federal properties. They explained that the PWD operates under the Federal Housing Department, and on May 27, the Prime Minister of Pakistan ordered the closure of this department, citing corruption, nepotism, and poor performance as reasons for its dissolution.

The lawyers further informed the court that following the Prime Minister's announcement, various decisions were made regarding the closure of the department and the future of its employees, with several committees being formed.

Additionally, it was decided that the federal projects within the provinces would be handed over to the provinces' Communication and Works Departments.

The court was told that the department is currently overseeing as many as 13,500 schemes, with an approved budget of Rs31 billion. However, following the Prime Minister's announcement, no funds have been released in this year's budget, thereby undermining the department's importance.

The lawyers argued that the Prime Minister also directed the establishment of the Pakistan Infrastructure Development Company and the dismissal of PWD employees, forcing them to accept a golden handshake.

The petitioners' lawyers argued that the federal government's actions are unconstitutional and illegal, as, after the 18th Amendment, the provinces have their own jurisdictions. Moreover, the power to dissolve the department does not lie with the Prime Minister or the Cabinet, but rather with the Parliament, which must legislate on the matter based on strong justifications.

The court was also informed that the prime minister publicly stated that the department is being dissolved due to corruption and poor performance, which violates the constitutional rights of the employees who are civil servants. The Constitution provides clear protection for these employees, and they cannot be dismissed based on such statements.

The lawyers argued that the government's policies are adversely affecting employees, who are being dismissed, and that the golden handshake should only be given if the employees voluntarily accept it.