Issue of contractual officers: Federation counsel asked to convey result of communication with Prime Minister

The Supreme Court on Tuesday directed counsel for the federation, to convey result of his communications with the prime minister, regarding removal of 15 officers, who were reemployed on contract after retirement before February 18.
An eight-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry comprising Justice Javed Iqbal, Justice Tassaduq Hussain Jilani, Justice Raja Fayyaz Ahmed, Justice Muhammad Sair Ali, Justice Asif Saeed Khan Khosa, Justice Ghulam Rabbani and Justice Khalil-ur-Rehman Ramday was hearing Hajj corruption case.
Secretary establishment division Abdul Rauf Chaudhry told the court that reviewed cases of top 15 contractual officials, who were moved to prime minister, had been forwarded to law ministry for its opinion. Chief Justice observed that concerned departments were defying court orders. He told Attorney General for Pakistan Molvi Anwarul Haq that if he had decided not to implement court orders, it was okay.
"We have been repeatedly telling you to induct fair people to ensure good governance in the country and you are hell bent to act at your own instead of implementing court's orders," he observed. Justice Khalil-ur-Rehman Ramday remarked that what would happen if the government terminates their (contractual officials) services today. "At least I will be pressing for an order that these officers should be terminated right now," he added.
Abdul Hafeez Pirzada, counsel for federation said that the bench could proceed if it desires so as he had not received written direction on the issue so far. He said the apex court had already referred similar cases like promotions of BPS-22, Pakistan Steel Mills case etc to competent authority for consideration as it could not pass direct orders.
The counsel said that apex court had held on many occasions in similar cases that they could not interfere in matters as this fall in domain of executive. He said there were certain cases sticking like sore thumbs and required to be dealt with. The contracts which were not sustainable on touchstone of Section 14 might go, he added.
When chief justice observed that 'the government is confronting judiciary', Pirzada said that it was their duty to avoid institutional confrontation. Justice Ramday maintained that they had been hearing about confrontation sometimes but there was no tussle among the institutions.
Referring to DG FIA Waseem Ahmed, Justice Chaudhry said that he had spoiled Hajj investigation case. He questioned the contents of summary, moved for granting him extension, saying he (Waseem) was never attached with investigation of Mumbai bomb blast case rather it was done by the then DG FIA Tariq Khosa. He questioned how a wrong summary was moved for his extension.
Citing IGP Sindh Salahuddin Babar Khattak case, he said that he was granted extension on verbal directives of prime minister secretariat. Pirzada told him to leave aside the matter as he was only representing the federation. Chief Justice said that their generations had to live in Pakistan and they would not go abroad.
The Chief Justice remarked that he always felt pride for being a citizen of Pakistan. He also observed that in LNG contract case, they had directed for appropriate action against responsible persons but no report had been received from the concerned authorities.
He told the counsel that the matter was entrusted to prime minister on his advice as a counsel. He questioned as to why court orders were being flouted. Justice Javed Iqbal told the counsel that they were required to look into Section 14 of Civil Servant Act carefully. Justice Javed Iqbal said that if contracts of section officers could be terminated why the services of secretaries and additional secretaries could be rescinded.
Meanwhile, Attorney General apprised the bench that on its directives secretary commerce, who was heading a committee over LNG case, had completed a report and it would be submitting it to prime minister on Thursday.
Abdul Hafeez Pirzada informed that he tried to contact the Prime Minister over the issue of contract employees, but could not establish contact as the PM was travelling. He said that he was confident to contact him in the evening. He also requested the bench to grant him some time as the question of bread and butter was involved and said that there was no superior law than the fundamental rights and right to life.
About contractual section officers, secretary establishment division said there were a total 140 officers who were reemployed after retirement due to a ban on recruitment for the last eight years. He said officers from DMG did not join such posts and they had to hire people on contract basis.
However, as part of direct recruitment, 30 fresh candidates have been inducted through Federal Public Service Commission (FPSC), he said, adding that fifty each would be inducted in next two phases. The Chief Justice told him that when these posts had sanctioned budget then why he was not asking for requisition and inducting people from far flung areas through FPSC. The bench would take up the Hajj scam case separately on March 01.