Islamabad High Court asked DGIB to promote many Inspectors

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Had seen this piece of news, kindly tell if this implementation will effect the ongoing appointment of Assistant Directors or not ?


Justice Iqbal Hameed ur Rehman, chief justice of the Islamabad High Court (IHC), in a contempt of court petition, directed the director general (DG) of the Intelligence Bureau (IB) to implement the court order regarding promotion of reinstated IB officials under the Sacked Employees (Reinstatement) Act 2010.

The IHC bench on March 30, while conceding to the arguments of petitioners, 40 inspectors of IB, that under the Sacked Employees (Reinstatement) Act 2010, the reinstated employees would be given one step promotion, had directed the IB director general to promote these officials to the rank of assistant director.

After these orders when petitioners were not promoted, they filed a contempt of court petition before the court.

While hearing the contempt of court petition, the IHC bench said: “The respondent (IB director general) cannot evade the compliance of the judgment of the court and is directed to comply with the orders within a month to avoid issuance of show-cause notice.”

The petitioners, through their counsel Aftab Alam Rana, maintained that they joined IB between 1975 and 1986 against clerical posts. In 1996, they were promoted to the rank of inspector. However, their services were terminated in 1997 by the then federal government. They contended before the court that instead of their reinstatement in one higher scale as suggested in Section 4 of the Act of 2010, the authorities appointed them on their previous pay scales and ranks.

http://www.thenews.com.pk/Todays-New...nt-court-order

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No response from anybody so far

This is another article published in the dawn of this sunday, june 24,

For some time, its implementation got caught in litigation as conflicts arose, but now that decisions have been taken on some cases in favour of the re-instated employees, visible unrest can be noticed among thousands of other government servants who are already working in government jobs.
The issue started in 1997 when the PML-N government terminated all government appointments made by PPP in 1995 and 1996, calling them ‘political’ ones. These employees approached the court for their reinstatement and took their case to the Supreme Court level, but failed to convince the judges of their case.
The situation stayed this way until a decade later when in 2010 the ruling PPP government introduced the SEA and managed to get it passed from both the National Assembly and Senate by the end of 2010.
In post-devolution scenario, the government faced some difficulty in adjusting the sacked employees as many ministries were shifted to the provinces, but they were ultimately accommodated in new ministries.
And this has been a hefty undertaking. According to statistics presented before the National Assembly last year, the reinstatement of the sacked employees cost Rs2.4 billion to the public exchequer.
Conflict arose when some of the reinstated employees, after their joining, claimed seniority and sought to be accordingly given promotions, filing petitions in the Islamabad High Court (IHC) in this regard.
The regular employees, perturbed with the situation and seeing their own chances of promotion being put in jeopardy, resisted the seniority claim of reinstated employees and also took their case to the courts.
As a result, the court had several cases to decide in relation to SEA. In one of the cases, decided on June 19, 2012, the regular working employees of Sui Northern Gas Pipelines Limited (SNGPL) told IHC Justice Mohammad Anwar Khan Kasi
who was hearing the case, that reinstatement of 226 employees in their organisation has blocked their promotions and the very enforcement of the SEA is ultra vires (beyond the power of) the constitution and the reinstatement is against the
promotion policy of SNGPL.
Secretary establishment, however, responding to the petition informed the court that reinstated employees were appointed as management trainees and are covered under section 4 (d) of the SEA and, therefore, the reinstatement was legal.
Section 4 (d) of the act states: “A sacked employee appointed as any type of trainee in service of employer shall be reinstated and regularised on the post, he would have occupied after completion of his term or period as trainee, in regular
service of the employer…”
The federal government holds the view that it has fulfilled its responsibilities by implementing the ordinance since the reinstated employees were qualified for the posts, the matter was approved by the SNGPL board of directors, and the act was itself approved by the parliament and the president of Pakistan.
In line with this argument, Justice Kasi observed that the SNGPL board of directors was an independent controlling body of the company and took the decision for the reinstatement after due deliberations. He noted that the reinstated employees are working in the organisation since October 2011 and their ouster at this juncture would not be justified.
The court also observed that the petitioners did not press the court against the vires of the SEA and the act could not be ignored when the parliament had passed and promulgated it with the approval of the head of the state.
Likewise, IHC Justice Noorul Haq N. Qureshi on March 30, 2012 also decided an identical matter of the reinstated inspectors of Intelligence Bureau in their favour and directed the federal government to maintain their seniority and promotion.
According to these reinstated employees and petitioners, they joined the IB during the years from 1975 to 1986 on clerical posts and in 1996, during the period of Pakistan People’s Party; they were re-designated as inspectors after fulfilling the requirements. But in 1997, the PML-N government terminated their services According to their legal counsel, Mahmood Khan Sadozai, these employees were entitled to be reinstated at a position one step hire under the said act.
On the other hand, other IB officials who had continued working during the period since 1997, told Dawn that the reinstated employees had sat in their homes while they had worked in difficult circumstances. But after the act, more than 500 terminated officials of different ranks rejoined the bureau and claimed seniority.
The regular employees argued that if these re-instated employees are promoted to the available positions, then thousands of other employees who have been desperately waiting for their promotions for quite a long period will be very discouraged.
Advocate Abdul Rahim Bhatti, an expert on service related matters, opined that the parliament passed the act without taking into consideration the interest of thousands of already serving employees.
According to him, the one step promotion for reinstated employees is against the interest of regularly working public servants, however, petitions of the regularly working employees against the reinstatements are getting dismissed because
the court decides the matter in accordance with the law.
And since the law, in the form of the SEA is designed to protect the reinstated employees, they are constitutionally protected and their reinstatement cannot be challenged.
The matter, he added in conclusion, will stay this way in the favour of reinstated employees since cases already decided at the high court level can only be taken up at the appellate forum of the Supreme Court – and the regular employees will keep feeling that they have been wronged.




http://dawn.com/2012/06/24/reinstate...-of-seniority/

[Muhammad T S Awan]

Unfortunately, bleak picture of certain issues is presented in front of people, and we accept it because of non-availability of valid information.

The facts are some what as under:

i). Sacked Employees Reinstatement Act, 2010 / Sacked Employees Reinstatement Ordinance, 2010 benefited some people linked with the cronies of Pakistan Peoples Party. They were inducted in civil services in different departments including IB in 1995-1996 wholy on political basis without following the set procedure for recruitment in civil services.

ii). When PPP Government was sent to home in 1997, the interim government sent all such employees to their homes being illegal appointees. For getting back into service, they went to Federal Services Tribunal, but FST rejected their cases, then they went to Supreme Court and their case was rejected by apex Court as well because they were illegal inductees.

iii). This government promulgated SERO to reinduct them into their departments and they were also given back pays etc. The payments made to them was in billions of rupees, which was basically the money of poor people of Islamic Republic of Pakistan.

iv). These reinstated people are now asking for more money and seniority from 1996, actually this was a services issue and should had been dealt by Federal Services Tribunal and in case FST had rejected it, to the Supreme Court of Pakistan (appellate forum for FST), and it was not required to be considered by the Islamabad High Court. However, another worthy Justice of Islamabad High Court (Mr. Kansi) has dismissed similar plea of reinstated employees in the month of April.

v). Regular employees of some organizations have filed petitions in the Supreme Court of Pakistan , for example employees of both PTCL and IB have challenged this law being framed against the constitutional provisions.

vi). Recently, the Chief Justice Iftikhar Ch saab spoke to the youth parliament members stating that the Parliament cannot legislate against the Constitution and Supreme Court can review any law which is made against Constitution... This law is also against various provisions of Constitution of Islamic Republic of Pakistan Pakistan denying the fundamental rights to great majority and may be the Supreme Court will dismiss this law.... being unconstitutional...

vii). in case the supreme court does not do anything and departments give benefit of seniority to political party's people , thn it is feared that the newly coming ADs in I.B may suffer some promotion issues greatly......

[Prince of Duhmp]

Now it makes sense, even if those who are re-instated remain in service, though as Sir Awan rightly said it would cause promotion issues yet one thing one can say for sure that at least new appointees are on safe side, since the previous ones were illegal inductees, hence on the new appointments which are made by FPSC there would be hopefully no objection for the upcoming govt.

[tunioxp367]

The upcoming government aslo take those out from department those came from back door by humilating the fundmental rights of citizens of this country or in case of no action
I will fill a petition against all those illegal appointments in Honorable High Court

[Muhammad T S Awan]

Originally Posted by tunioxp367

The upcoming government aslo take those out from department those came from back door by humilating the fundmental rights of citizens of this country or in case of no action
I will fill a petition against all those illegal appointments in Honorable High Court

Originally Posted by Prince of Duhmp

Now it makes sense, even if those who are re-instated remain in service, though as Sir Awan rightly said it would cause promotion issues yet one thing one can say for sure that at least new appointees are on safe side, since the previous ones were illegal inductees, hence on the new appointments which are made by FPSC there would be hopefully no objection for the upcoming govt.

There was some news some time back in media about Akram Sheikh, that he, on behalf of many officers of the IB, had gone to the Supreme Court of Pakistan against the judgement of Islamabad High Court as well as against that Act of Parliament. The Supreme Court had given stay against that judgement of Islamabad High Court and had started proceeding against the Act. Hope there will be something better towards justice..

[Prince of Duhmp]

Insha Allah there will be, My sincere prayers are for the justice, well I don't know why but I feel myself a part of the game, (wese test itna acha b ni hua tha ib ka) anyways actions of supreme court are just like a beam of light at the end of tunnel. if the same trend goes on hopefully honestly will prevail and the corruption would come to an end.

[Muhammad T S Awan]

Originally Posted by Prince of Duhmp

Insha Allah there will be, My sincere prayers are for the justice, well I don't know why but I feel myself a part of the game, (wese test itna acha b ni hua tha ib ka) anyways actions of supreme court are just like a beam of light at the end of tunnel. if the same trend goes on hopefully honestly will prevail and the corruption would come to an end.

InshALLAH, country needs good people to serve it. It is heard that many young officers of department had worked well for going to court of law for justice and fairplay in civil services..

Somewhere, ASC Akram Sheikh, the counsel of some officers of IB, was heard telling that initially the matter was in Bench I, headed by honourable Chief Justice of Pakistan, after a couple of brief hearings, the matter was transferred to another Bench due to busy schedule of Bench I. The other Bench comprised honoruable Justice Nasir ul Mulk, Justice Amir Hani Muslim and Justice Tariq Pervez. Akram Sheikh not only challenged the judgement of Islamabad High Court but also challenged the Act and prayed to the honourable apex Court to turn the Act as void ab initio. He also termed the Act as NRO of Civil Services. The Court had granted stay against the decision of Islamabad High Court and later asked for details of all employees reinstated in service in other departments. The court also appointed a senior lawyer/ex Attorney General Makhdoom Ali Khan as amiscus curi to assist the court.

Regards.

[Prince of Duhmp]

hmm, that is great, hoping for the best. well what do you think then, if the honourable supreme court verdicts in favour of Akram Sheikh, would it effect only the illegal inductees of IB or all those who were inducted illegally in any other department as well..?

[Muhammad T S Awan]

Originally Posted by Prince of Duhmp

hmm, that is great, hoping for the best. well what do you think then, if the honourable supreme court verdicts in favour of Akram Sheikh, would it effect only the illegal inductees of IB or all those who were inducted illegally in any other department as well..?

If Supreme Court declares the Act void ab initio thn its benefecaries in all other departments will have to go to their homes..!