EC official’s plea disposed of

Published December 8, 2005

PESHAWAR, Dec 7: A two-member bench of the Peshawar High Court on Wednesday disposed of a writ petition filed by an official of the Election Commission of Pakistan challenging re-employment of retired officials of the commission. The bench comprising Justice Qaim Jan Khan and Justice Ijaz Afzal observed that the petitioner, Mohammad Afzal Khan, presently on deputation with the NWFP government as additional secretary information, had not made the retired officers concerned, who were re-employed, respondents in the petition.

The bench also observed that being a government servant the petitioner should have moved the services tribunal instead of the high court.

The petitioner had prayed the high court to issue directives that instead of re-employing retired officers he should have been considered for promotion.

Advocate Sikander Khan, appearing for the petitioner, requested the court to allow them to amend the writ petition. He added that he would address the point regarding the services tribunal in the amended writ petition.

The petitioner was a grade 19 officer and worked as director public relations of the election commission.

The petitioner claimed that 80 per cent staff, particularly senior officials, was reemployed after having retired on the superannuation from government services.

He contended that his name was on top of the seniority list of 2003 but he was deprived of promotion to BPS-20 when one Ahmad Ali Halepota, a retiring officer with a BA qualification, was promoted and re-employed.

The petitioner alleged that on July 1, 2004 the Chief Election Commissioner extended the period of re-employment of Halepota, Provincial Election Commissioner, Sindh, up to December 31, 2004. He added that the period of re-employment of Mr Halepota was being extended time and again and was still on extension at the age of 64.

The petitioner also cited the cases of various other officers namely Hassan Mohammad, Mohammad Saleem Akhtar and Rahim Nawaz Durrani.