Despite Islamabad High Court’s (IHC) decision to regularise contractual employees, 300 contractual employees, working with Commissionerate for Afghan Refugees (CAR) for the last two to three decades, have not yet been regularised.
According to the documents, the Cabinet Sub-Committee of Regularisation had already given its approval of the regularisation of 313 employees of the CAR Khyber-Pakhtunkhwa (KP), an attached Department of Federal Government, but the decision has yet to be implemented despite the lapse of several years.
The employees of different cadres, ranging from class-IV to Director Level, have been vying for their regularisation for a period that spans decades, only to have been led on by different governments in this regard.
The employees are being paid 200-300% less than the government staff salaries, which is having adverse effects on their performance. Employees who are already reaching the age of superannuation will not be eligible to apply for any other jobs after that.
According to the IHC’ decision in a case titled “Miss Zakia Naurin etc. Vs. Federation of Pakistan etc.” (W.P. No. 13/2012), a copy of which is available with Pakistan Today, “As far the case is concerned, the petitioners no doubt are employees of Commissioner Afghan Refugees, but the Policy is applicable to all Ministries/ Divisions/Attached Departments/Autonomous Bodies/ Corporations. The department of Commissioner Afghan Refugees is an attached Department of Federal Government and the Policy is equally applicable to the employees of Commissioner Afghan Refugees. It is further to be noted that the federal government in the policy had also provided that the Registration Policy shall be applicable to all employees getting salaries from non-development/recurring budget under the arrangement of federal government.”
The decision further reads that if names of one set of employees have been sent for regularisation, then denying the same treatment to another similar placed set of employees would be the violation of Article 25 of the Constitution of Islamic Republic of Pakistan 1973. In view of the aforementioned facts, all these writ petitions are accepted. The cases of the petitioners are to be immediately sent to the Cabinet Sub-Committee of regularisation of contractually waged employees in the Ministries/Divisions/Attached Departments/ Autonomous Bodies/Organisations etc.
The paper reads that the Cabinet Sub-Committee should decide cases of the petitioners for regulation in accordance with government policy expeditiously but not later than one month. Till decision of the committee, no adverse action shall be taken against the petitioners. Since the policy of the government is that the services of the contract employees shall not be terminated, unless their cases are decided, therefore, if services of the petitioners have been terminated during the existence of the policy, their cases shall also be sent to the Cabinet Sub-committee for consideration/regularisation.
According to the documents, the Cabinet Subcommittee in its meeting held on 13.3.2013 considered/discussed the case and decided the matter vide Para 251 of minutes of the meeting as under:-
“The Cabinet Sub-Committee directed that the Ministry of SAFRON should own (809) contract employees of the Commissionerate for Afghan Refugees and proceed for their regularisation by taking up the matter with the Ministry of Finance for creation of posts and provision of budget with clear mechanism of recoupment of salaries of the relevant employees by UNHCR into the federal government budget,” the documents showed.
In order to process the case further, relevant data is required to be obtained from quarter concerned. Therefore, in the first instance, we may ask CCAR/CARs concerned to furnish the relevant information/data on prescribed proforma (Flag/A) to be able to proceed further in the matter.
The documents reveal that in pursuance of Cabinet Sub-Committee decision mentioned above, the case regarding creation of 677 various posts was taken up with the Finance Division with the request to examine/consider the proposal regarding creation of 677 temporary posts along with provision of Budget so that necessary steps required to be taken for making a clear mechanism for recoupment of salaries of the relevant employees by UNHCR into government of Pakistan budget are taken accordingly.
The matter remained under examination in the Finance Division for quite some time; however, it was intimated vide letter dated 05.03.2014 to approach the Establishment Division for fresh advice in the matter.
As desired vide letter referred to above, establishment division’s fresh advice in the matter has been sought as under:-
“Erstwhile Cabinet Sub-committee has already finalised its recommendations and this Division has issued the minutes of the concerned meeting thereof in this regard. The implementation of the recommendation/minutes is now the function of administrative Department/Division.”
Therefore, the Ministry of Finance is requested to consider/examine the proposal regarding creation of 677 temporary posts along with provision of budget and advice this ministry so that necessary steps required to be taken for making a clear mechanism of recoupment of salaries of the relevant employees by UNHCR into federal government budget are taken accordingly,” the documents disclosed.
When approached Ghalib Khan Wazir, State Minister of Ministry of States and Frontier Regions Division (SAFRAN) he sought a day’s time to get detail but then he was not available for comment.
