Contractual hiring on regular posts: SHC issues notices to federal government & others

KARACHI: Sindh High Court (SHC) has issued notices to Federal Government, National Bank of Pakistan (NBP) and others in response to a petition, which challenged the recruitment on contractual basis on regular posts in bank as well as its promotion policies of 2016 & 2017.

A division bench of SHC headed by Justice Khadim Hussain Sheikh issued the notices after NBP Officers Welfare Association and others filed a petition in the court.

Along with Federal Government, NBP and Human Resource Management Group of bank, 37 respondents are those persons on the positions in bank which were meant to be filled through promotion of the regular employees, according to the petition, which was filed by Barrister Rafiq Kalwar on behalf of petitioners.

Bench ordered Federal Government, President NBP and others to file a detailed reply on July 23, 2020 when the court would take up the petition for hearing. Petitioner contended that recruitments on adhoc/contractual basis by NBP are in violation to the National Bank of Pakistan (Staff) Service Rules 1973, hence in violation of the Constitution and the law and thus void ab initio and of no legal effect and consequence.

Petitioner requested the court to declare that the advertising contractual employment on executive levels/regular positions as illegal, unlawful and contrary to Rules, 1973.

Barrister Rafiq also requested the court to declare that the Promotion Policies of year 2016 and 2017, making contractual employees eligible for promotion/elevation as illegal, unlawful, unconstitutional and contrary to Rules, 1973.

He pleaded the court to direct the bank to follow the internal placement policy in its letter and spirit and only advertise for external placement after the fulfillment and completion of the internal placement procedures.

Petitioner also prayed that court should permanently restrain the respondents from making appointments in contravention to the provisions of the statutory Service Rules of 1973, more particularly making contractual appointments on regular and promotional posts and by doing promotions/elevations of contractual employees of regular posts.

Petitioners also sought ad-interim orders restraining the respondents from making any employment against the latest advertisement and restrained the respondents from further renewing contracts of the respondent Nos. 4 to 40, whose contractual employment is under challenge, till disposal of petition.

Petitioners also requested the court to declare bank's approval of Promotion Policies of year 2016 and 2017 in contravention to the statutory Rules of 1973 as illegal and unlawful, since there is no provision of promotion for the contractual employees.

Copyright Business Recorder, 2020