Chief Justice constitutes larger bench to hear contractual appointments case

Chief Justice Iftikhar Muhammad Chaudhry on Monday constituted a six members larger bench for hearing the case of contract employment of civil servants including DG FIA Waseem Ahmad on March 11. Notices were issues to attorney general, secretary establishment division, advocates generals and chief secretaries of all provinces, commissioner Islamabad and Abdul Hafeez Pirzada, senior ASC to appear on the said date.
An order passed by Chief Justice Iftikhar Muhammad Chaudhry said that on March 01, 2011 and earlier orders, repeatedly the federal and provincial governments have been asked to examine the cases of civil servants who have been appointed after superannuation contrary to section 14 of Civil Servants Act, 1973 and the policy laid down by the government in this regard, but no significant progress has been made so far.
The order said that it is to be noted that on account of such appointment, Article 9 of the Constitution is violated to say that the persons who have legitimate expectancy to be promoted are denied their due rights, consequently, their fundamental right to life and property, guaranteed by the constitution, is not extended to them.
The phenomenon of appointment after the age of superannuation, the order added, has not been encouraged by the law in general and especially in the matters, where the heads of institutions like FIA and Police are appointed on contract basis.
"In this regard, no progress has been made by the federal government except de-notifying nine police officers, particularly in the case of Waseem Ahmad, who is head of FIA, which agency has to discharge its functions strictly under the FIA Act, 1975 and not under any other provision of law," the order said.
The bench which will be headed by Chief Justice Iftikhar Muhammad Chaudhry included Justice Javed Iqbal, Justice Raja Fayyaz Ahmed, Justice Muhammad Sair Ali, Justice Asif Saeed Khan Khosa and Justice Ghulam Rabbani. The apex court also directed attorney general for Pakistan and secretary establishment division to furnish complete list of the employees (officers/officials) of federal ministries and attached departments, who had been working as civil servants under the Civil Servants Act, 1973, and after superannuation have been appointed on contract basis, including in the disciplined forces of Police and FIA. Précis of service of each individual be submitted to substantiate the necessity of allowing them to continue in the office after superannuation.
The advocates-general and chief secretaries of the provincial governments and commissioner, Islamabad, were also issued notices to appear with the same data as establishment secretary is required to submit. The above said details and the reports shall be submitted on or before March 10. All the secretaries/heads of attached departments shall cooperate with the secretary establishment, it added.