ISLAMABAD: The Establishment Division has decided to withdraw policy guidelines for contract appointment of spouse/child of civil servants who become permanently disabled and take retirement on medical grounds as the ministries/departments are flouting the policy despite clear instructions of the apex court, sources told Business Recorder.
In a letter to all ministries/divisions/ Department, the Establishment Division, referred to Office Memorandum (OM) 9/8/2021 issued on Jan 16, 2023 and stated that the restraining order of December 8, 2022 issued by the Islamabad High Court (IHC), passed in W.P. No. 1146/2022 Fazilat Bibi vs Establishment Division and others), on the subject “contract appointments under medical invalidation policy” was circulated to all ministries/Divisions/departments for strict compliance.
However, it has come to the notice of Establishment Division that despite circulation of the said restraining order of the Court, certain ministries/Divisions/departments continued making contract appointment of the spouse/children of the civil servants under policy guidelines issued vide Establishment Division’s O.M of April 13, 2005) without formal approval of the Prime Minister and in violation of the court order which is illegal and gross violation of the policy. According to the Establishment Division, this practice amounts to contempt of Court Orders.
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Moreover, the Supreme Court of Pakistan in the judgment of October 18, 2024 passed in C.P. No. 3390 of 2021 (against the Order of April 13, 2021 of Peshawar High Court, Peshawar passed in W.P.No. 4609-P of 2020) filed by General Post Office and others verses Muhammad Jalal held that: “appointments without open advertisement; competition and merit, of the ’widow/widower wife/hus-band or child of civil servants in different grades, who die during service or become permanently disabled/invali-dated/incapacitated for further service and take retirement from service, are declared to be discriminatory and ultra vires Articles 3, 4, 5(2), 18, 2511) and 27 of the Constitution.
The prescribed Federal and Provincial, authorities are directed to withdraw the same. However, it is clarified that the instant judgment shall not affect the appointments already made of the widow/widower, wife/hus-band or child of deceased or retired civil servants. It is further clarified that this judgment shall not affect the policies, rules or compensation packages of the federal and provincial governments for the benefit of the legal heirs of martyred personnel of the law enforcement agencies and of Civil servants who die on account of terrorist activities.“
The Establishment Division further stated that in order to implement the judgment of Supreme Court of Pakistan, it is in process of withdrawal of policy guidelines for contract appointment of spouse/child of the civil servants who become permanently disabled and take retirement on medical ground issued by the Establishment Division on April 13, 2005.
However, in the meantime, the judgment of Supreme Court of Pakistan passed in C.P. No. 3390 of 2021 in Writ Petition No. 4609-Pof 2020 has also been circulated to all ministries/Divisions/departments for strict compliance.
Copyright Business Recorder, 2024
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