No law allows adhoc appointments: SC
Sindh officers upset that Islamabad bureaucrats being promoted over them.
KARACHI:
Officers with the Sindh government have gone to court against bureaucrats who are hired from the federal government. They argue that this affects their promotions.
On Tuesday, the Supreme Court’s Justices Anwar Zaheer Jamali, Amir Hani Muslim and Muhammad Athar Saeed directed the Sindh government to publish a notice, one each in Urdu, Sindhi and English newspapers, for officers who were absorbed in the Sindh government so they had a chance to become part of the proceedings. They had a right to representation.
The case will be heard on a day-to-day basis.
The lawyer for the petitioners, Choudhry Afrasiab Khan, argued that the Sindh Civil Servants Act, 2011 was enacted so that favourites could be given ad hoc jobs and then, quietly permanent ones.
“The laws do not provide for either ad hoc appointments or absorption; show us the law which permits this,” observed the bench.
“Absorption is also unknown to the law,” he said, referring to articles 240, 241 and 242 of the Constitution. “Absorption into civil service can not be equated with an appointment according to the prescribed procedure and amounts to usurpation,” he submitted.
Afrasiab submitted that the only exception could be the appointment of disabled persons under the two per cent quota but the court observed that this too was controlled by the law.
Advocate-General Sindh Abul Fattah Malik requested to the court to put the Attorney General of Pakistan on notice as the interpretation of Article 137 was involved.
“The attorney general is already on notice but if no one is coming what can the bench do,” the bench said pointing out that no deputy attorney general comes to the court even as a courtesy. “A DAG may come and represent the federation,” the bench said.
The bench rejected the AG’s request for an Islamabad hearing and adjourned till Wednesday.
Sindh amends civil servants law
On the very same day the case was heard, the Sindh government issued an ordinance to amend the Sindh Civil Servants Act of 1973.
The change in the law empowers the chief minister to appoint retired civil servants on contract, appoint employees on deputation, give them out-of-turn promotions, and absorb federal and provincial government employees, civil servants working in autonomous and semi-autonomous and corporations owned or managed by government.
The move comes as the Supreme Court and Sindh High Court are hearing a number of cases relating to out-of-turn promotions, absorption of federal government officials in provincial departments as well as against officers working on deputation. Sindh Governor Dr Ishratul Ebad promulgated the ordinance aiming “to safeguard the interest of the provincial government employees and utilise the services of competent civil servants of federal government in the affairs”. Regarding deputations, the ordinance states that such appointments will initially be of three years, which may be extended for a further period of two years.
Published in The Express Tribune, September 5th, 2012.
Officers with the Sindh government have gone to court against bureaucrats who are hired from the federal government. They argue that this affects their promotions.
On Tuesday, the Supreme Court’s Justices Anwar Zaheer Jamali, Amir Hani Muslim and Muhammad Athar Saeed directed the Sindh government to publish a notice, one each in Urdu, Sindhi and English newspapers, for officers who were absorbed in the Sindh government so they had a chance to become part of the proceedings. They had a right to representation.
The case will be heard on a day-to-day basis.
The lawyer for the petitioners, Choudhry Afrasiab Khan, argued that the Sindh Civil Servants Act, 2011 was enacted so that favourites could be given ad hoc jobs and then, quietly permanent ones.
“The laws do not provide for either ad hoc appointments or absorption; show us the law which permits this,” observed the bench.
“Absorption is also unknown to the law,” he said, referring to articles 240, 241 and 242 of the Constitution. “Absorption into civil service can not be equated with an appointment according to the prescribed procedure and amounts to usurpation,” he submitted.
Afrasiab submitted that the only exception could be the appointment of disabled persons under the two per cent quota but the court observed that this too was controlled by the law.
Advocate-General Sindh Abul Fattah Malik requested to the court to put the Attorney General of Pakistan on notice as the interpretation of Article 137 was involved.
“The attorney general is already on notice but if no one is coming what can the bench do,” the bench said pointing out that no deputy attorney general comes to the court even as a courtesy. “A DAG may come and represent the federation,” the bench said.
The bench rejected the AG’s request for an Islamabad hearing and adjourned till Wednesday.
Sindh amends civil servants law
On the very same day the case was heard, the Sindh government issued an ordinance to amend the Sindh Civil Servants Act of 1973.
The change in the law empowers the chief minister to appoint retired civil servants on contract, appoint employees on deputation, give them out-of-turn promotions, and absorb federal and provincial government employees, civil servants working in autonomous and semi-autonomous and corporations owned or managed by government.
The move comes as the Supreme Court and Sindh High Court are hearing a number of cases relating to out-of-turn promotions, absorption of federal government officials in provincial departments as well as against officers working on deputation. Sindh Governor Dr Ishratul Ebad promulgated the ordinance aiming “to safeguard the interest of the provincial government employees and utilise the services of competent civil servants of federal government in the affairs”. Regarding deputations, the ordinance states that such appointments will initially be of three years, which may be extended for a further period of two years.
Published in The Express Tribune, September 5th, 2012.