August 16, 2008	Saturday	Sha'aban 13, 1429

KARACHI, Aug 15: The Sindh High Court issued a show cause notice to the provincial chief secretary on Friday for continued absorption in and appointment of outsiders to posts meant for the provincial secretariat service.

The petitioner, Dr Azeemur Rahim Khan, submitted through Advocate Mohammad Nawaz Shaikh that regular members of the secretariat service are inducted through a competitive examination by the Sindh Public Service Commission. They have fewer prospects of promotion in the service and even they are blocked by absorption of outsiders, who are posted in higher grades without having appeared before the public service commission or the provincial selection board. Besides being repugnant to the constitutional guarantees against discrimination and provisions of the provisions of the Sindh Civil Servants Act and the rules framed under it, the practice is a flagrant violation of the government’s own policy and a high court order passed in 1997.

The petitioner submitted that he joined the secretariat service in grade 17 in 1992 after successfully competing in an examination conducted by the public service commission. It was only in 2005 that he was promoted as deputy secretary in grade 18 on the recommendation of a high-level selection board. As against this Nisar Ahmed, Ali Azhar Baloch, Maj (retired) Aftab Lodhi and Ali Hasan Brohi were appointed deputy secretaries in grade 18 and Rasool Bux Phulpoto an additional secretary in grade 19 directly following their absorption from other departments or corporations.

All five posts, the petitioner said, were meant for regular secretariat service members who were deprived of their vested right. He challenged the appointments in 1996 and an SHC division bench verdict upholding his plea. The bench allowed his petition in March 1997 in terms of the then chief minister’s solemn undertaking that no outsiders would be absorbed in the secretariat service in the future. However, the government continued to violate the high court order and its own policy statement that there would be no further absorption in the secretariat service.

The petitioner requested the court to direct the chief secretary and the secretary of the services and general administration department to submit a list of officers absorbed in the secretariat service posts since 1997 and try them for contempt of court. A division bench issued notices to the respondents for Sept 2.

Govt restrained

The bench, which consisted of acting Chief Justice Azizullah M. Memon and Justice Khalid Ali Z. Qazi, also restrained the government from making fresh appointments to deputy prosecutors-general’s vacancies pending petitions of successful candidates already selected by the Sindh Public Service Commission.

Advocates Sohail Jabbar, Syed Meeral Shah, Khadim Hussain, Rahat Ahsan and Syed Mehboob Shah submitted that they applied for the posts of deputy prosecutor-general in response to an advertisement by the Sindh Public Service Commission. They qualified the commission’ written examination and viva voce and also cleared the medical test. They were issued offer letters and signified their acceptance in March 2008. The process has been stuck since then and they are not being issued posting orders despite several reminders and representations.

Appearing on behalf of the petitioners, Advocate Anwar Mansoor Khan submitted that evidently the department concerned had changed its mind and intended to re-advertise the posts. He said the case was identical to medical officers’ plea, which was allowed by the high court. He said four additional prosecutors-general selected by the public service commission simultaneously through the same process had been posted by the prosecutor-general’s department and the petitioners were being discriminated against in violation of the constitutional guarantee contained in Article 25.

The bench decided to hear final arguments in the case on August 22 and asked Additional Advocate-General Abul Fatah Malik to ensure that no fresh appointment was made in the meantime.

Benazir’s plea

Justice Syed Mahmood Alam Rizvi, meanwhile, adjourned the hearing of (the late) PPP chairperson Benazir Bhutto’s petition for registration of a second FIR in the Karsaz bomb blast case of October 18, 2007, to August 28 at the request of a law officer.

The judge observed as the petition came up for hearing that the petitioner having been assassinated since, the proceedings on the petition should abate. Assistant Advocate-General Saifullah requested that the proceedings may be adjourned to enable him to seek fresh instructions. Advocate Haider Ali Sundarani appeared for the deceased petitioner.