LAHORE: The Lahore High Court observed that transitory and adhoc appointments are required in extraordinary situations but it should not be a routine practice and directed the Punjab Employees Social Security Institution (PESSI) to recruit physiotherapists and such relevant posts in the social security hospitals through the Punjab Public Service Commission.
The court passed this order on a petition of Dr Aqsa Rehman who challenged the procedure adopted for offering retainership to physiotherapists on the basis of nepotism.
The appeal was filed against the decision whereby an LHC judge-in-chamber dismissed the appellant’s petition on the premise that factual controversy could not be decided and further observed that the decision of offering retainership assignment to respondent officials was a transitory arrangement.
The court noted that there are no standards or criteria carved out by the PESSI and Central Selection Committee (CSC) as no applications were invited for awarding the retainership contract but walk-in interviews were conducted.
The court said the process was bereft of transparency and fair play on the basis of mere walk-in interviews without any formal advertisement in a newspaper to give an opportunity to any citizen interested to apply for the same, which is a fundamental right of every citizen.
The court when asked what measures have been adopted to check unstructured discretion by the CSC, the PESSI counsel explained that assigning retainership arrangement to respondent officials was a stop-gap arrangement, who conceded that no applications were invited.
He, however, said pursuant to the recent policy decision by the PESSI governing body, recruitment of two posts of physiotherapist in social security hospital, on a contract basis for a period of three years is sought through the Punjab Public Service Commission.
The court said that this practice must be followed consistently, throughout the province of Punjab. The court disposed of the petition and asked the PESSI governing body to take remedial measures to ensure fairness, transparency, and regimenting of discretion. The court also asked the CSC to espouse fairness, impartiality, and transparency while discharging the duties and obligations entrusted.
The court said that nothing could be declared illegal or reversed when illegality outlived itself and directed the office to send a copy of this order to the governing body of the PESSI as well as the Secretary, Labour and Human Resource Department, Government of Punjab for compliance.
Copyright Business Recorder, 2024
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