Working on contract basis: Ministry asked to serve notices on 10 judicial members

ISLAMABAD: The Chief Justice Islamabad High Court (IHC) has observed that non-filing of replies/ comments by ten Judicial Members (BS-21) appointed by Prime Minister on contract basis in Appellate Tribunal Inland Revenue (ATIR), shall strick off their rights to reply before the court.

The IHC has fixed the case for hearing before the Chief Justice-IHC on November 23, 2023.

The IHC has directed the Ministry of Law and Justice to serve notices on 10 judicial members working on contract basis in a constitutional petition, wherein, their appointments have been challenged.

Contract employee cannot claim extension of service deal as a right: LHC

The petition has been filed by an advocate, requesting the IHC to declare the appointment of 10 Judicial Members as illegal and unconstitutional.

When contacted, one of the counsels of the petitioner, Waheed Shahzad Butt Advocate informed that the petition has named as respondents the Prime Minister, Ministry of Law, Federal Public Service Commission, 10 Judicial Members in ATIR, as well as, the Federal Government through Establishment Division. The IHC has issued notice to the respondents after hearing the arguments

Counsel Waheed Butt pleaded that the contractual appointments in BS-21 of judicial officers cannot be made without advertisement and information to the public at large, hence, violative of Article 5, 10A, 18, 25, and preamble of the Constitution of Pakistan and thus, illegal and void ab-initio.

The petitioner has requested the IHC to cancel the June 2 notification because all such appointments had been made in flagrant violations of the rules and regulations applicable in such employments, he accused.

The petitioner alleged that the notification regarding appointment of ten persons to hold the Public office as Judicial Member (BS-21) may be cancelled and declared patently illegal because notification is in direct violation of Article 240 of the Constitution read with law governing Appointment on Contract Basis under Civil Establishment Code (Estacode) and intentional contempt of binding verdicts of Supreme Court in 1998 SCMR 2190 & 2013 SCMR 1140,“ the petitioner stated.

Copyright Business Recorder, 2023