ISLAMABAD: The Supreme Court of Pakistan here Thursday reserved its verdict on review petitions of the federal government and the sacked employees against its judgment, which declared the Sacked Employees (Reinstatement) Act, 2010, ultra vires. The verdict is likely to be announced on Friday.
During hearing of the appeals on Friday, the apex court observed that it can assume jurisdiction under Article 184(3) of the Constitution to do complete justice and to safeguard the rights of the employees, affected by its judgment.
A five-judge larger bench, headed by Justice Umar Ata Bandial, on Thursday, heard the review petitions of the federal government and the sacked employees against its judgment, which declared the Sacked Employees (Reinstatement) Act, 2010, ultra vires.
At the onset of the hearing, Attorney General for Pakistan Khalid Jawed Khan stated that a day ago (Wednesday), he had submitted the proposals on behalf of the federal government regarding sacked employees. He said in the categories, submitted before the bench, those employees would not be included whose services were terminated or removed due to absence from service, corruption, and misconduct. He said the federal government supports the review petitions of the private parties, adding, in case, the court does not accept the petitions then the government proposals are there.
AGP submits proposals: SC to decide sacked employees’ case today
Justice Bandial said that these proceedings have different colour though these are review petitions, because when a large number of employees have approached the apex court, then they (the SC) can assume the jurisdiction under Article 184(3) of the Constitution to do complete justice and to safeguard the fundamental rights and livelihood of the employees. He said the constitution is sacrosanct.
Justice Bandial said the sacked employees were working in the corporations, semi-autonomous bodies, and the government departments. “We consider the fundamental principle governing these entities as the human element is involved, which imposes obligations upon the government and the apex court.”
The Supreme Court for the last 30 years has been emphasising that requisite criteria, i.e., advertisement, test, and merit list announcement must be followed for ensuring transparency, competence, and fairness.
He said, according to the Supreme Court judgment, authored by former Chief Justice Jawad S Khawaja in Ashraf Tiwana case, it cannot be assumed that the public jobs could be doled out. There must be a process for induction of people in government service, he added.
Justice Bandial said that the attorney general has acknowledged that in the appointment of persons in BS-01 to BS-07, the process was nominal.
Copyright Business Recorder, 2021
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