ISLAMABAD: The reinstatement and regularisation of political appointments has become a bone of contention between a parliamentary committee and the Islamabad High Court (IHC) as the latter has again suspended the former’s recommendation to regularise contractual employees of the Capital Development Authority (CDA).
Earlier, last month, IHC suspended the recommendations of a Special Committee of the National Assembly regarding reinstatement of 358 political appointments of Employees Old-Age Benefits Institution (EOBI).
IHC Chief Justice Aamer Farooq last week issued a stay order against the restoration of CDA’s employees. CDA’s employees challenged the order of the NA Committee headed by Abdul Qadir Mandokhel.
Arguing before the court, the counsel for the petitioner said that the committee exceeded its authority/jurisdiction by making recommendations for regularisation of contractual employees.
The court after preliminary hearing in this matter suspended the NA committee’s decision and sought a reply from the NA Secretariat and from CDA.
Petitioner’s counsel says committee had no authority to make recommendations about matter
During the hearing, CDA’s counsel Kashif Ali Malik opposed the suspension of the committee’s recommendations. Previously, Mr Mandokhel recommended reinstatement of those EOBI employees who were terminated under the direction of the Supreme Court.
The EOBI is the pension, old age benefits and social insurance institution of the government. It operates under the control of Ministry of Overseas Pakistanis and Human Resource Development
The apex court in 2014 issued the direction of terminating services of 358 employees appointed on the recommendations of politicians belonging to the then political government.
Those who recommended the appointments included the then prime minister Syed Yousaf Raza Gillani, Faryal Talpur, Shah Mehmood Qureshi, Makhdoom Shahabuddin, Nazar M Gondal, Nadeem Afzal Chan, Raja Riaz, Raja Pervaiz Ashraf, Raja Riaz, Malik Bilal Rehman, Hameedullah Jan Afridi, Faisal Kareem Kundi, Akhuzada Chattan, Najamuddin Khan, Ghulam Ahmed Bilour, Munir Khan Orakzai, Anwar Saifullah Khan, Ruksana Bangash, Arbab Alamgir Khan, Syed Khursheed Ahmed Shah, Fahmida Mirza, Nasir Hussain Shah, Shagufta Jammani, Farooq Sattar, Riaz Pirzada, Qamar Zaman Kaira and others.
The Special Committee of the NA recommended reinstatement of the sacked employees of EOBI. However, upon the refusal of Zulfikar Haider, federal secretary (Ministry of Overseas Pakistanis) and chairman EOBI Board of Trustees, the committee moved a privilege motion against him as well as the chairperson of EOBI.
The committee directed Federal Investigation Agency (FIA) to initiate probe on the assets of Mr Haider. Secretary (overseas Pakistanis) who is the chairman of the EOBI Board petitioned before the IHC against the direction of the committee.
His counsel Syed Ashfaq Hussain Naqvi argued before the court that by virtue of the impugned directions/recommendations, a process has been issued to take penal action against the petitioner.
It was submitted that previously, recommendations were made for reinstatement of employees and the matter was already subjudice before the IHC.
According to the counsel, the language used by the special committee against the petitioner, who is a BS-22 officer was uncalled for and remanding his case to the FIA was against the principles of natural justice.
The petition stated that the chairman of the committee was abusing his authority by issuing the directions about a matter which has not only been finally decided by the Supreme Court but even the proceedings of the committee are sub judice before “this honorable court with restraining order holding in field”.
The petition requested the court to set aside the recommendations of the committee.
It also requested the court to declare the committee’s direction of summoning the petitioner and chairperson EOBI and referring inquiry against Mr Haider to the FIA.
Published in Dawn, April 25th, 2023
