Pakistan Today

FROM THE COURTROOM – 155 lower staff of Edu Dept to be reinstated as SHC declares termination illegal

KARACHI – As many as 155 lower-grade employees of the Sindh Education and Literacy Department, who were appointed by former Chief Minister Arbab Ghulam Rahim and sacked by the Qaim Ali Shah-led government, were reinstated on Friday by the Sindh High Court (SHC). In its verdict, an SHC division bench comprising Justice Shahid Anwar Bajwa and Justice Tufail H. Ibrahim declared the Sindh Education and Literacy Department’s orders to terminate these employees as illegal, and ordered the Sindh government to immediately reappoint them to their positions.
The petition had been moved by Ghulam Fareed and other sacked employees, who had moved the court through their counsel, Barrister Zamir Hussain Ghumro. The petitioners had submitted that they were appointed in different lower posts by the Arbab Gulam Rahim-led government, but were victimized by the current government as they were sacked from their jobs in 2009 and 2010. They also argued that rules and procedures were not followed when orders to sack them were issued. The Sindh chief secretary, Education secretary and others were cited as respondents.
Earlier, the court had reserved the judgment after hearing concluding arguments from both the sides. The court found that the termination of the petitioners was illegal, since the respondents failed to follow rules and the regulations. In another case, a division bench comprising of Chief Justice Mushir Alam and Justice Hassan Azahr Rizvi issued notice to the Foreign secretary and others, seeking an explanation into the whereabouts of District Shaheed Benazirabad-based lawyer, Abdul Samad Advocate, who went missing in Saudi Arabia.
The Shaheed Benazirabad District Bar Association had unanimously passed a resolution condemning the lawyer going missing, and had moved an application to the SHC chief justice and registrar seeking his safe return home. The petitioners had submitted that Abdul Samad had gone missing on November 5, 2010, after arriving at the Jeddah Airport where he had gone to perform pilgrimage. The application was subsequently converted into a constitutional petition by the SHC chief justice. On Friday, the bench heard preliminary arguments from the applicants, and issued notices to the respondents, before adjourning hearing. Meanwhile, the SHC also issued contempt of court notices to the managing director of the Pakistan International Airlines and other officials for not complying with orders regarding the reinstatement of 55 employees.
Applicant Habib Allah and others had filed a contempt of court application, pleading that the SHC had issued orders regarding their reinstatement but the PIA administration has not complied with them till now. In the original case, the applicants had pled that they were working in the organisation for the past many years, but the PIA administration terminated their services without any reason.
A division bench comprising Justice Shahid Anwer Bajwa and Justice Tufail H Ibrahim issued contempt of court notice to PIA MD and other respondents, with a date for hearing set to be fixed later.

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