LAHORE – The fate of many ‘loved ones’ of the Punjab government is at stake after the Supreme Court’s ruling in January against the re-employment of retired officers, while the Services and General Administration Department (S&GAD) has already sought details of all such employees from different government departments across Punjab, Pakistan Today has learnt.
An eight-member bench of the Supreme Court (SC) on January 27 observed that re-employment of retired officers on senior posts in the federal and provincial departments was a violation of law, which is tantamount to blocking promotions of other officers. The court directed the federal and provincial governments to take steps to ensure that contractual employment was not made in violation of law.
The bench, in its order on the contractual issue of retired officials, further held that prima facie, it appeared that provisions of law in Section 14 of the Civil Servants Act 1973 as well as sections contained in Estacode and verdicts of the superior court on the subject were not considered and adhered to. The court further observed that the practice was not conducive for good governance. Sources in the Punjab government revealed that many important posts have been given to people who have been hired by the government after retirement.
Some of the important officers re-employed include Law Secretary Abul Hassan Najmi, Prosecution Secretary Rana Maqbool, Chief Minister’s Inspection Team (CMIT) Chairman General (r) Ziauddin Butt, Anti Corruption Establishment (ACE) DG Kazim Ali Malik, PCBC and Privatization Board Chairman Nazar Muhammad Chohan, Press Secretary to the CM Shoaib Bin Aziz, all six members of the Punjab Service Tribunal and four directors of the ACE Special Investigation Unit (SIU).
Sources said all the re-hiring came directly from the chief minister, who approved such postings to benefit his ‘dear ones’ despite their retirement. “Another gain for the CM by re-hiring retired officers is that such officers execute all orders by the chief executive without questioning, hence not only blocking promotion of fresh officers, but also compromising merit,” they added. Although re-hiring of retired officers has not been ruled out in the Civil Servants Act 1973, which states, “A retired civil servant shall not be re-employed under the federal government, unless such re-employment is necessary in the public interest,” in most instances the prescribed procedure is not adhered to, thus violating merit.
Estacode states, “It has been noticed with concern that contract appointments were made in the past indiscriminately without proper examination of the need thereof and without ensuring observance of the principle of open merit, and equality of opportunity” and goes on to lay down detailed conditions and procedures in making such appointments.
It clearly lays down the criteria for reemployment: (i) Non availability of suitably qualified or experienced officers to replace the retiring officer; (ii) the officer is a highly competent person with distinction in his profession/field; (iii) the re-employment does not cause a promotion block; and (iv) retention of the retiring officer, for a specified period, is in the public interest.
However, sources said the fate of all such appointees to important slots is at stake as the S&GAD has also written to government departments, seeking details of all such employees.
