Posting orders: Four new recruits win case against provincial government
Sixty accountants, engineers, administrators passed the test but were in limbo.
PESHAWAR:
Four men, who were recruited for the local government as accountants, engineers and administrators, have won a case, forcing the provincial government to actually give them posts.
Muhammad Fayaz, Tariq Nawab, Zeeshan Ali and Walid Khan were among 60 candidates who were recruited for Local Council Board jobs advertised on March 11, 2013. The candidates were selected after they did all the paperwork and sat for the tests.
But then, the government did not issue their posting orders, without which they could not start work. The four petitioners went to the chief secretary, secretary and chairman of the Local Council Board repeatedly to ask to be posted and to be paid their salaries but nothing happened.
“The petitioners are neither being given any job [based on] their appointments letters nor are they being deputed for any training,” their petition said. “They fear that duties are not being given to them because of ulterior motives and mala fide reasons.”
They then decided to go to court. On Friday, Justices Yahya Afridi and Musarrat Hilali heard the petitioners who were represented by lawyers Mian Mohibullah Kakakhel and Muhammad Farooq Afridi.
Mian Mohibullah argued that according to the rules, if the government has issued appointment orders for the petitioners, it also had to post them somewhere and pay their salaries. But the fact that it was not doing this was illegal, unlawful and unconstitutional.
“The whole exercise of the test and interview was conducted in a conducive manner and thereafter eligible and fit candidates were issued appointment orders,” Mian Mohibullah said. He argued by denying them posting orders and salaries, the government was going against the petitioners’ fundamental rights guaranteed by the Constitution.
The government’s lawyer defended their position by saying complaints had been received after the candidates were recruited. The government formed a committee to review the cases and it found that on the merit list some candidates had scored more than 60 marks in the written test but had been able to only score one or two in the interview. This indicated that there had been favoritism on the part of the selection committee.
The court felt, however, that the selection process was carried out in accordance with the rules and regulations, leaving no scope for any suspicion. The judges declared the action illegal and unlawful and ordered the government to issue the posting orders. This decision will affect all 60 candidates.
“This and the connected petitions are allowed,” the detailed order said. “The impugned (or challenged) order, dated May 2, 2013, as well as the action on the part of the respondents not issuing the posting orders of the petitioners is declared illegal, unlawful and of no legal effect and hence it has been set aside. Consequently, the respondents are directed to make posting orders of the petitioners.”
Published in The Express Tribune, July 5th, 2014.
Four men, who were recruited for the local government as accountants, engineers and administrators, have won a case, forcing the provincial government to actually give them posts.
Muhammad Fayaz, Tariq Nawab, Zeeshan Ali and Walid Khan were among 60 candidates who were recruited for Local Council Board jobs advertised on March 11, 2013. The candidates were selected after they did all the paperwork and sat for the tests.
But then, the government did not issue their posting orders, without which they could not start work. The four petitioners went to the chief secretary, secretary and chairman of the Local Council Board repeatedly to ask to be posted and to be paid their salaries but nothing happened.
“The petitioners are neither being given any job [based on] their appointments letters nor are they being deputed for any training,” their petition said. “They fear that duties are not being given to them because of ulterior motives and mala fide reasons.”
They then decided to go to court. On Friday, Justices Yahya Afridi and Musarrat Hilali heard the petitioners who were represented by lawyers Mian Mohibullah Kakakhel and Muhammad Farooq Afridi.
Mian Mohibullah argued that according to the rules, if the government has issued appointment orders for the petitioners, it also had to post them somewhere and pay their salaries. But the fact that it was not doing this was illegal, unlawful and unconstitutional.
“The whole exercise of the test and interview was conducted in a conducive manner and thereafter eligible and fit candidates were issued appointment orders,” Mian Mohibullah said. He argued by denying them posting orders and salaries, the government was going against the petitioners’ fundamental rights guaranteed by the Constitution.
The government’s lawyer defended their position by saying complaints had been received after the candidates were recruited. The government formed a committee to review the cases and it found that on the merit list some candidates had scored more than 60 marks in the written test but had been able to only score one or two in the interview. This indicated that there had been favoritism on the part of the selection committee.
The court felt, however, that the selection process was carried out in accordance with the rules and regulations, leaving no scope for any suspicion. The judges declared the action illegal and unlawful and ordered the government to issue the posting orders. This decision will affect all 60 candidates.
“This and the connected petitions are allowed,” the detailed order said. “The impugned (or challenged) order, dated May 2, 2013, as well as the action on the part of the respondents not issuing the posting orders of the petitioners is declared illegal, unlawful and of no legal effect and hence it has been set aside. Consequently, the respondents are directed to make posting orders of the petitioners.”
Published in The Express Tribune, July 5th, 2014.