ISLAMABAD:The Supreme Court is likely to announce judgment in sacked employees case on Thursday (tomorrow). A five-member larger bench of the apex court headed by Justice Umar Ata Bandial and comprising Justice Syed Mansoor Ali Shah, Justice Sajjad Ali Shah, Justice Qazi Muhammad Amin Ahmed and Justice Amin-Ud-Din Khan heard the review petitions filed by the federal government and the sacked employees against the apex court’s judgment declaring SERA ultra vires of the Constitution.
During the course of proceedings, Justice Bandial said that there should be transparency in government actions. Advocate Faisal Siddiqui counsel for sacked employees of Pakistan State Oil (PSO) said that the court could also protect employees by declaring the law null and void. He said that he knew that the court would not formulate any inappropriate rules for the future. Justice Mansoor asked how could Parliament reinstate employees fired for corruption. The reinstatement law did not protect employees fired for corruption, he added. Justice Qazi Amin said that the apex court did not order the dismissal of any employee. The court had declared the law null and void following the principles of the past, he added. Justice Mansoor said that legislation was made through parliament in a democracy. The Parliament was supreme but the scope of ordinances was limited, he added. He said that the ordinance could be issued only in case of urgent need. Every ordinance was followed by an Act of Parliament with the exception of the Martial Law era. Employees reinstated through ordinance were not protected in the Act, he added. He asked how could those who were restored in 2009 still survive under the ordinance? Justice Bandial said that the ordinance allowed the government to make temporary legislation. Legislation was the prerogative of the Parliament under the Constitution, he added. Advocate Faisal said that the Supreme Court had also ordered recovery from the sacked employees. Retirement benefits for employees were being withheld for recovery, he added. Attorney General for Pakistan Khalid Jawed Khan submitted proposals regarding reinstatement of employees who were sacked through an earlier judgment. He said that the Prime Minister had given three instructions regarding sacked government employees. He said that he was submitting suggestions after consultation with the Prime Minister. He said that it was proposed regarding employees from BS-1 to BS-7 or equivalent that the employees falling in this said category and working in respective Departments/bodies/corporations before the judgement on August 17 could be allowed to continue their services in the light of the judgement of this court in the case of “Muhammad Akram vs. Registrar, Islamabad High Court (PLD 2016 SC 961 at 993) and Dr Naveeda Tufail & others vs. Government of Punjab & others (2003 SCMR 291 at 308)”. He said that employees from BS-8 to BS-17 or above, the government suggested that the employees falling in this category and working in respective Departments/bodies/Corporations before the judgement on August 17 would have to undergo appropriate process/test to be conducted by the Federal Public Service Commission (FPSC) for the purpose of determining as to whether they were fit to hold the post to which they were appointed and this exercise could be completed within three months. It has been recommended to give permanent employment to those who have passed the FPSC test, he added. He said that these employees past service would be treated as ad-hoc and would not count for the purpose of seniority which would be based on the date of regular appointment after the recommendation of the FPSC. He said that the cases of those employees who had retired from their service or passed away could be treated as past and closed transactions. However, it shall not entitle them to pension, as they were never regularized constitutionally, he added. He said that any employee affected by the judgement and who had filed cases earlier which were disposed of solely on the basis of the Ordinances or the Act, 2010, were free to approach the respective courts and the courts could decide the cases in accordance with the law. He said that around 5947 employees got affected due to this judgment. The fired employees belonged to 38 different federal departments. He said that 3,789 employees out of the total sacked workers did not come under the criteria of civil servants. He said that the amount paid to the employees would not be recovered. Justice Sajjad said that the the government’s proposals could be considered. It would be seen from this aspect that the court decision would not be affected by the suggestions, he added. Justice Bandial said that the court would consider the suggestions and announce its opinion tomorrow. The AGP pleaded the court to issue an order today to end the miseries of the sacked employees from Grade 1 to 7. Justice Qazi Muhammad Amin Ahmed remarked that the attorney general should not insist to seek a ruling in a hurried way. He observed that the court would deliberate on the recommendations before giving its verdict in the case.
A three-member bench of the apex court headed by Justice Mushir Alam on August 17 had declared the Sacked Employees (Reinstatement) Act, 2010 as unconstitutional after it was enacted for reinstating the employees who were appointed from Nov 1, 1993, till Nov 30, 1996, and were sacked by the then government from Nov 1, 1996, till Oct 12, 1999.