KARACHI, Jan 14: A division bench of the Sindh High Court disposed of as having borne fruit writ petitions moved by 22 medical officers employed by the Sindh Employees Social Security Institution (Sessi).
Assistant Advocate-General Adnan Karim Memon produced a copy of notifications issued by the provincial labour department and the institution saying that the services of all the petitioner medical officers had been confirmed and regularised. There was confusion about the date of regularisation of one of the petitioners, Dr Abdul Waheed, and the bench, which consisted of Justices Khilji Arif Hussain and Arshad Noor Khan, kept his petition pending. Two of the petitioners were regularised with effect from April 2004 and 2006 while the rest were absorbed in permanent service in February 2008.
The petitioners had complained in 2004 that they were recruited on an ad-hoc basis in 2002 and were given an extension after every three months. They were still working as ad-hoc employees after serving for over six years. Observing that the main grievance of the petitioners had already been redressed, the bench disposed of the petitions.
Lecturers’ plea
The petitions moved by about 365 lecturers were, meanwhile, adjourned to Jan 19. AAG A.K. Memon informed the bench that Additional Advocate-General Abdul Fatah Malik, who is arguing the case on behalf of the provincial government, was busy before another court. He said comments had already been filed on behalf of the respondents and sought adjournment to enable his senior colleague to appear.
Advocate Shua-un-Nabi opposed a long adjournment on behalf of the petitioners and informed the bench that he had not been furnished a copy of the respondents’ comments. Directing the AAG to supply a copy to the counsel, the bench adjourned further hearing to Jan 19.
The government said in its comments that the chief minister was duly empowered by Section 7 of the Sindh Public Service Commission Act to reject the SPSC’s recommendations without assigning any reason. Besides, the commission was not properly constituted when the process of selection was undertaken.
According to the petitioners, they applied for the lecturers’ vacancies in 2005 and were finally issued offer letters in May 2008 after qualifying the written and viva voce examinations and medical tests. They said they accepted the offer letters and a schedule of posting was about to be issued in June 2008 when the respondent government went back on its commitment. The education department, however, issued posting orders to 11 of their colleagues who found favour with the authorities. They said the SPSC recommendations and the offer letters issued to them constituted a solemn undertaking and they could not be unilaterally withdrawn. Besides, if there was any flaw in the composition of the commission, they were not to blame for it.
Transfer stayed
The bench also stayed the transfer of Muhammad Asif Ansari, executive programmes manager, Pakistan Television, Karachi, and issued pre-admission notices to the information ministry and the PTV management in his petition for January 20.
The petitioner, a heart patient, submitted through Advocate Mohammad Zahid Khan that he was due to retire in October 2009 after a long meritorious service. He was, however, transferred to Islamabad on Jan 2 in violation of the declared policy that every PTV employee was entitled to posting at his home station one year before his retirement. The petitioner said the transfer order was unlawful and discriminatory, particularly in view of his heart ailment.
Judicial officers selection
Another bench consisting of Justices Yasmin Abbasy and Faisal Arab adjourned to Jan 27 a petition moved by the Sindh High Court Bar Association against the recruitment of civil judges and additional district and sessions judges by the Sindh Public Service Commission. The petition said judicial officers were hitherto recruited by a committee comprising high court judges with a constitutionally secure tenure of service. The SPSC members served at the pleasure of the executive and could be amenable to political pressure.
Advocate-General Mohammad Yusuf Leghari and Deputy Attorney-General Ashraf Khan Mughal appeared for the respondent provincial and federal government and sought time for filing comments.
Show-cause notice
The bench comprising Justices K.A. Hussain and A.N. Khan issued a show-cause notice to the joint director of the Pakistan Cotton Standards Institute in a contempt application moved by Nadeemul Sami, a grade 16 employee of the institute. The applicant submitted through Advocate Mahfooz Yar Khan that he moved a petition in 2006 against the management’s refusal to promote him from grade 16 to grade 17.
The institute filed a counter-affidavit in 2007 saying that he would be promoted to grade 17 and the petition was disposed of in terms of the assurance. However, he was still awaiting promotion and the institute was not complying with the court order and its own commitment.