Chief Justice of Pakistan Iftikhar Muhammad Chaudhry on Monday constituted a six-Judge larger bench to take up on March 11 the issue of contract employment of civil servants.
The Registrar office is directed to issue notices to Attorney General for Pakistan, Secretary Establishment Division, Advocates General and Chief Secretaries of all provinces, Commissioner Islamabad and Abdul Hafeez Pirzada, counsel for Federation, to appear on the said date. The Bench will be headed by the Chief Justice Muhammad Iftikhar Chaudhry and include Justice Javed Iqbal, Justice Raja Fayyaz Ahmed, Justice Muhammad Sair Ali, Justice Asif Saeed Khan Khosa and Justice Ghulam Rabbani.
The Secretary Establishment Division is directed to furnish complete list of employees (officers/officials) of the Federal Ministries and attached departments, who had been working as Civil Servants under the Civil Servants Act, 1973, and after superannuation have been appointed on contract basis/re-employment, including in the disciplined forces of Police and FIA.
The above said details and the reports should be submitted on or before March 10. All Secretaries/Heads of attached departments should cooperate with the Secretary Establishment, the order says.
The Chief Justice issued directive after noting in his order that "In 1st March, 2011 and earlier orders, repeatedly the Government of Pakistan and Provincial Governments have been asked to examine the cases of Civil Servants who have been appointed after superannuation contrary to section 14 of the Civil Servants Act, 1973 and the policy laid down by the Government in this regard, but no significant progress has been made, so far."
It is to be noted that on account of such appointment Article 9 of the Constitution is violated to say that the persons who have legitimate expectancy to be promoted are denied their due rights, consequently, their fundamental right to life and property, guaranteed by the Constitution, is not extended to them, the Chief Justice says in his order.
"The phenomenon of appointment after the age of superannuation has not been encouraged by the law in general and specially in the matters where the Heads of the Institutions like FIA and Police are appointed on contract basis. In this regard, no progress has been made by the Federal Government except de-notifying 9 police officers, particularly in the case of Waseem Ahmad, who is Head of FIA, which agency has to discharge its functions strictly under the FIA Act, 1975 and not under any other provision of law," the order observed.
Source: APP
The Registrar office is directed to issue notices to Attorney General for Pakistan, Secretary Establishment Division, Advocates General and Chief Secretaries of all provinces, Commissioner Islamabad and Abdul Hafeez Pirzada, counsel for Federation, to appear on the said date. The Bench will be headed by the Chief Justice Muhammad Iftikhar Chaudhry and include Justice Javed Iqbal, Justice Raja Fayyaz Ahmed, Justice Muhammad Sair Ali, Justice Asif Saeed Khan Khosa and Justice Ghulam Rabbani.
The Secretary Establishment Division is directed to furnish complete list of employees (officers/officials) of the Federal Ministries and attached departments, who had been working as Civil Servants under the Civil Servants Act, 1973, and after superannuation have been appointed on contract basis/re-employment, including in the disciplined forces of Police and FIA.
The above said details and the reports should be submitted on or before March 10. All Secretaries/Heads of attached departments should cooperate with the Secretary Establishment, the order says.
The Chief Justice issued directive after noting in his order that "In 1st March, 2011 and earlier orders, repeatedly the Government of Pakistan and Provincial Governments have been asked to examine the cases of Civil Servants who have been appointed after superannuation contrary to section 14 of the Civil Servants Act, 1973 and the policy laid down by the Government in this regard, but no significant progress has been made, so far."
It is to be noted that on account of such appointment Article 9 of the Constitution is violated to say that the persons who have legitimate expectancy to be promoted are denied their due rights, consequently, their fundamental right to life and property, guaranteed by the Constitution, is not extended to them, the Chief Justice says in his order.
"The phenomenon of appointment after the age of superannuation has not been encouraged by the law in general and specially in the matters where the Heads of the Institutions like FIA and Police are appointed on contract basis. In this regard, no progress has been made by the Federal Government except de-notifying 9 police officers, particularly in the case of Waseem Ahmad, who is Head of FIA, which agency has to discharge its functions strictly under the FIA Act, 1975 and not under any other provision of law," the order observed.
Source: APP
