HYDERABAD, Nov 2: The Hyderabad circuit bench of the Sindh High Court on Wednesday issued notices to the federal government through the secretary of water and power and the chairman, board of directors (BoD) of Hyderabad Electric Supply Company (Hesco) for November 11 on a petition, challenging recruitment of the company's chief executive officer from outside the company.

The petition, filed by 10 senior officials of the company, is being pursued by Saulat Rizvi advocate.

They maintained in their petition that after Wapda's power wing was wound up, all employees were adjusted/absorbed in the distribution companies created in Wapda in accordance with respective options. The BoD, according to them, is trying to boost image, working, earning and administration of Hesco.

They said the BoD had declined case of absorption of a director of administration and human resources strictly in compliance with and appreciation of numerous verdicts of the apex court that establishes that BoD wouldn't allow any wrongdoing in Hesco. But BoD is being pressured by Secretary Water and Power for such illegality i.e., appointment of Chief Executive Officer.

Since it is a settled law that terms and conditions of an employee couldn't be altered to his disadvantage, therefore, service rights of petitioners are preserved through an office order as well as promotion policy issued under authorisation of Establishment Division whereby it was provided that all employees shall be governed by Wapda rules until corporate companies notify their own rules, the petitioners maintained.

They said that under law, post of CEO is a career post to be held by an officer among employed strength of company on consideration of laid down criteria. They said that rules dealing with subject are actually Pakistan WAPDA Electrical Engineer Rules 1966 which prescribes way of promotion of chief engineers/general managers.

They said that petitioners-1 to 3 are working on senior posts i.e., superintending engineers having more than 25 years of service whereas petitioner-4 to 9 are working as executive engineers/deputy managers having more than 20 years of service as such they are vested with he right of legitimate expectancy for said posts.

They said that now the respondent secretary, in violation of promotion policy and rules, has declared vacancies of CEO in all power distribution companies, including Hesco from open market which is patently illegal, malafide, incompetent.

This is an attempt to accommodate their close ones for which they are being pressured to short list and interview candidates, who applied for said post, they said.

The BoD has issued interview letters which is scheduled for November 10 as such the petitioners stand aggrieved, they said. A joint request, they said, was made by officers of Hesco to parliamentarians and Standing Committee on Wapda but in vain.

The petitioners maintained that it is well established law that terms and conditions of employees couldn't be altered to their disadvantage as the WAPDA Rules shall be strictly followed by respondents while filling up every vacancy, particularly that of CEO of Hesco.

They said that promotion policy approved by the establishment division and the rules clearly prescribe filling of post of chief engineers/chairman of area electricity board/director generals and general managers.

They said that Section 187 of Companies Ordinance bars a person from becoming CEO, who is not a member of the company.They said that reason behind recruitment of CEO from open market is aimed at to get undue advantage by concerned quarters when it comes to privatisation.

Trend of privatisation is encouraged due to some ulterior motives that is adversely affecting interests of people and employees as concerned quarters are trying to encourage rental power stations instead of operating government's own powerhouses in full swing.

They said that a Turkish rental power station, which has been tried to be connected with Lakhra Powerhouse, is producing energy at the cost of Rs45 per unit whereas if unused powerhouses are allowed to work it would cost merely Rs7 to Rs8 per unit.

They requested the court to declare that post of CEO could only be filled by way of promotion from senior most official belonging to engineering cadre in pursuance of the policy and Pakistan Wapda Electrical Engineers Rules 1965 part-II, item No.3. They said that respondents should be restrained from recruiting CEO from open market.