Through an ordinance, the federal government on Saturday reinstated about 7,724 employees hired between November, 1993 - November, 1996 and sacked from November 1996 to December 1998. All the reinstated employees will be paid compensation equivalent to three years emoluments of the pay scale in which he/she would be placed.
The emoluments will be disbursed in the following manner: (i) first instalment equal to 12 months emoluments on reinstatement, (ii) second instalment equal to 12 months emoluments on January, 2010; and (iii) third instalment equal to 12 months emoluments on 1st January, 2011.
Prime Minister Yousuf Raza Gilani had expressed annoyance over creation of supernumerary posts, grant of higher pay scale and transfer of financial burden to the private shareholders of corporations; however his concerns were disregarded by relevant quarters. The Cabinet had also expressed serious reservations about the possibility of litigation if the reinstated employees were given a higher scale.
THE ORDINANCE PROMULGATED ON SATURDAY EVENING STATES: "Whereas it is expedient for the purpose of providing relief to persons who were appointed in a corporation service or autonomous or semiautonomous bodies or in government service during the period from the 1st day of November, 1993 to the 30th day of November, 1996 and were dismissed, removed or terminated from service during the period from the 1st day of November, 1996, to the 31st day of December, 1998.
And whereas the National Assembly is not in session and the President is satisfied that circumstances exist which render it necessary to take immediate action. Now, therefore, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make and promulgate the following Ordinance:
1. Short title, extent and commencement (1) This Ordinance may be called the Sacked Employees (Reinstatement) Ordinance, 2009.
2. DEFINITIONS: in this Ordinance unless there is anything repugnant in the subject or context, "person in corporation service" means a person who was appointed in a corporation, organisation or autonomous or semiautonomous body, established by or under a federal law or owned or controlled by the Federal government during the period from the 1st day of November, 1993 to the 30th day of November, 1996 (both days inclusive) and was dismissed, removed or terminated from service or given forced golden handshake during the period from the 1st day of November, 1996 to the 3lst day of December, 1998 (both days inclusive).
Person in government service" means a person who was a member of the civil service of the Federation or held a civil post in connection with affairs of the Federation in a Ministry, Division or department, during the period from the 1st day of November, 1993 to the 30th day of November, 1996 (both days inclusive) and was dismissed, removed or terminated from service or given forced golden handshake during the period from the 1st day of November, 1996 to the 31st day of December, 1998 (both days inclusive): and;
"REVIEW BOARD" MEANS THE REVIEW BOARD ESTABLISHED UNDER SECTION 4
REINSTATEMENT OF EMPLOYEES: Notwithstanding anything contained in any law for the time being in force, judgement of any Tribunal or a Court including the Supreme Court and the High Court, contract or terms and conditions of service, all persons appointed in corporation or government service during the period from the 1st day of November, 1993 to the 30th day of November, 1996 (both days inclusive) and dismissed, removed or terminated or given forced golden handshake during the period from the 1st day of November, 1996 to the 31st day of December, 1998 (both days inclusive) shall be reinstated immediately in service on one scale higher to their substantive scale of the post at the time of termination of service and report for duty to their respective departments or organisations.
Provided that in case of change in scale or structure of any post or cadre by the competent authority after the 31st day of December, 1998, the persons in corporation or government service on reinstatement shall be placed on, one scale higher than the revised or existing scale of the post.
Provided further that any person in corporation, or government service who was dismissed, removed or terminated from service on account of closure of organisation or absence from duty, misappropriation of government money or stock or medical unfitness may prefer petition to the Review Board as provided in section 5.
ESTABLISHMENT OF REVIEW BOARD: There is hereby established a Review Board to review the cases of persons in corporation or government service who were dismissed, removed or terminated from service on account of closure of organisations absence from duty, misappropriation of government money or stock or medical unfitness. The Review Board shall consist of Secretary, Law and Justice Division and Secretary. Establishment Division to be headed by a retired judge of the Supreme Court or of a High Court to be appointed by the Federal Government.
PETITION TO THE REVIEW BOARDS: (1) Any person in corporation or Government service who was dismissed, removed or terminated from service on account of closure of organisation, absence from duty, misappropriation of Government money or stock or medical unfitness may within sixty days of the commencement of this Ordinance, prefer petition for review of the order of dismissal, removal or termination from service to the Review Board which shall decide the case within 30 days of its first hearing. The Review Board may, on consideration of review position and any other _______ material, confirm, set aside, vary or modify the order.
(2) The order of the Review Board passed on the review petition shall be final and shall not be called in question in any court authority or tribunal.
(3) In dealing with cases under this Ordinance the Board shall have power to regulate its own procedure.
REINSTATEMENT OF CONTRACT EMPLOYEES: (1) A person in corporation or Government service who held the post on contract against a regular post and his contract was extended at least once and he was subsequently dismissed, removed or terminated from service shall be reinstated immediately and adjusted against regular post.
(2) A person in corporation or government service appointed on contract against a temporary post and who was dismissed, removed or terminated before the completion of his contract period shall be reinstated immediately for the remaining portion of his contract.
REINSTATEMENT OF GOLDEN HANDSHAKE EMPLOYEES: Persons in corporation or government service who were given forced golden handshake shall be reinstated immediately subject to reimbursement of all monetary benefits received by them as a result of forced golden handshake.
CREATION OF SUPERNUMERARY POST: Where due to non-availability of sanctioned posts or an equivalent scale post in corporation or government service, the Secretary of the respective Ministry, Division, head of the department or corporation or organisation shall immediately create supernumerary posts to accordance the reinstated employees and such arrangement shall continue till the regular posts are made available.
MANNER AND MODE OF PAYMENT OF COMPENSATION ON REINSTATEMENT: On reinstatement in service each employee in corporation or government service shall be paid compensation equal to three years emoluments of the pay scale in which he would be placed and the emoluments shall be paid to him in the following manner namely:
i) first instalment equal to 12 months emoluments on reinstatement:
ii) second instalment equal to 12 months emoluments on the day of January, 2010; and
iii) third instalment equal to 12 months emoluments on the 1st day of January 2011.
REINSTATED EMPLOYEES NOT TO CLAIM OTHER SERVICE BENEFITS: Any person in corporation or government service who is reinstated under this Ordinance shall not be entitled to claim seniority or arrears of pay or other service benefits save as provided in this ordinance and shall be required on reinstatement to submit a surety bond in the form specified for the purpose.
ORDINANCE TO OVERRIDE OTHER LAWS: The provisions of this Ordinance shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force or in any judgement of any tribunal or court including Supreme Court and High Court.
POWER TO MAKE RULES: The Federal government may make rules to carry out the purpose of this Ordinance.
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