Hearing a suo motu case pertaining to the protection of jobs of civil servants, the Supreme Court on Tuesday gave the federal government’s committee – headed by establishment secretary and comprising all chief secretaries – one week to formulate laws for protection of rights of civil servants under articles 9 and 18 of the constitution.
A three-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry was hearing the suo motu notice about assault on a polling staff by a PPP candidate Waheeda Shah in Tando Muhammad Khan.
District Management Group (DMG) officer Anita Turab filed an application seeking a suo motu notice, stating that “most civil servants wish to work in an environment where their self respect and dignity is not made vulnerable by all and sundry”.
The court allowed the committee headed by the federal public service commission chairman and comprising other civil servants to prepare a draft of terms of reference (ToR) for protection of rights of civil servants under Article 9 and Article 18 of the constitution within one week, however, the Balochistan advocate general opposed the new committee for framing the draft in this regard.
During the hearing, the applicant Anita Turab suggested to the bench that to find out the perpetual solution of the difficulties being faced by the civil servants, the committee of the chief secretaries and secretary, Establishment Division, would not be more effective and as the rules and regulations already exist, therefore, the court has to issue appropriate orders and directions for the implementation of the same.
“In this case with a view to restore the respect, dignity and honour of the civil servants, who are being subjected to extraneous reasons and considerations in seeking their promotions and transfers, etc and to further highlight all these issues and suggestions for their solution, it would be appropriate if a commission headed by the chairman, the FPSC is formed, and that a draft of ToR shall be submitted by her with consultation of other Civil Servants, both the Federal and Provincial”, she further added.
Her suggestion was not opposed by senior advocates Anwar Mansoor Khan, Hafiz SA Rehman, Punjab Additional Advocate General Jawwad Hassan and Sindh Additional Advocate General Qasim Mirjat whereas Amanullah Kanrani, Balochistan advocate general, stated that since a committee has already been constituted, therefore, the said committee be allowed to complete its task. However, learned Deputy Attorney General Shafi Muhammad Chandio stated that he needed some time to seek instructions in this behalf.
During the hearing, the court expressing concern over the federal as well as Punjab government for making the civil servants OSD on political bases, directed the both governments to give the details about the OSD officers on the next date of hearing.
The court observed that the Punjab government had also ignored the seniority of officers and appointed several low grade officers on top posts. “You are good till extent of yourself but when its come to the vindication of court you do nothing,” the CJP asked the Punjab additional advocate general.
The chief justice also questioned that why former Faisalabad superintendent of police (SP) Ahmed Raza Tahir, against whom adverse findings were made in a judicial inquiry report, had been posted as the Lahore regional police officer (RPO). “It has become trend that the officers, who are disliked due to some reasons, are being making OSD or transfer Gilgit-Baltistan and we are waiting for these officers for six months”, the CJP also said in his remarks. He directed the SC office to fix the case of Hajj scam case in this week, in which the government had transferred Hussain Asghar to Gilgit-Baltistan.
Regarding the Waheeda Shah petition against the Election Commission’s order, the court observed that the matter is already pending before the high court, which is likely to be disposed of on merits and without being influenced in any manner from the present proceedings, therefore there was no need to entertain her petition. The court also exempted Waheeda Mohsin Shah for her personal appearance before the court in future. Hearing of the case was adjourned for one week.
