166 non-teaching employees in Sukkur region: SC orders formation of body to scrutinise cases
ISLAMABAD: The Supreme Court ordered the Secretary College Education Sindh to constitute a three-member committee to scrutinise the cases of 166 non-teaching staff of Sukkur region, whether they are entitled for restoration/ appointment in service or not.
A three-judge, headed by Justice Muhammad Ali Mazhar, directed this in various appeals against the judgment of Sindh Service Tribunal, Karachi.
The court ordered that the Secretary, College Education, Government of Sindh, will send a reference/ request letter to the Services General Administration and Coordination Department for constitution of a three-member committee, comprising the Director General, College Education; Additional Secretary, College Education; and, Deputy Secretary, SGA&CD, Government of Sindh. Immediately upon receiving the request letter, the Secretary, SGA&CD, shall constitute and notify the Committee within 10 days.
The committee shall convene a meeting after issuing notices to the petitioners and the petitioners are allowed to produce, in their support, copies of all relevant documents if issued to them during the recruitment process to demonstrate the fulfilment of codal formalities at the end of the concerned department.
The committee shall consider and verify whether the petitioners are covered/ included in the list of the 166 employees in view of the report compiled by the Regional Director (College), Sukkur, which was further authenticated by the committee comprising Prof Abdul Razzak Baloch, Principal (Chairman) Govt Islamia Science College, Sukkur, Prof Syed Lutuf Ali Shah, Director Finance (Member) Directorate (College), Sukkur, and Prof Mukhtiar Ahmed Mahar, Assistant Professor (Member), Govt Education, College, Sukkur in their report dated 02.02.2016. If it is found that cases of the petitioners are covered and included in the list of the 166 employees, they will be allowed to join service subject to verification of their documents. The entire exercise shall be completed within a period of two months from receiving a copy of the order with an independent application of mind and without being influenced by the impugned judgment of the Service Tribunal.
According to the case, the Education Department, Sindh released advertisements in different newspapers in July, 2011, whereby, applications were invited against 289 situations of non-teaching staff of different posts from BPS-01 to BS-12 for recruitment in the College Education Department, Government of Sindh, for Sukkur Region.
The petitioners participated in the recruitment process, and according to the merit list prepared by the recruitment committee, the petitioners were selected and were issued offer letters for appointment. After due satisfaction of the recruitment committee, they joined the College in Sukkur region and service books were also prepared. It was further alleged that many other persons were also appointed against vacant posts but the department did not release salaries of any employee.
Since the salaries were not released, the petitioners approached the High Court of Sindh and filed a Constitutional Petition NoD.296/ 2012. It is further alleged that co-appointees also filed petitions, wherein the respondent conceded all appointments and filed a list of 166 employees, dated 28.11.2014. The High Court, vide consent order dated 16.12.2014, directed the respondents to release the salaries of 166 employees. While this was done, the said consent order was challenged in this court which was set aside and matter was remand to the Service Tribunal vide order dated 13.11.2015.
Later on, the tribunal dismissed all appeals.
During pending adjudication, the learned tribunal framed 13-15 points, and the department constituted a committee, which scrutinised the legality of the 166 employees’ appointments, as well as, the appointment of 177 employees, including the petitioners, and concluded that the petitioners are at no fault, but the ex-Director (Colleges), Sukkur, was responsible, vide report dated 02.02.2016.
Despite that, the respondents issued show cause notices to all appointees, and after nominal hearing, removed them from service by issuing removal orders on different dates. The departmental appeals were preferred against the removal orders which were also dismissed. Thereafter, the petitioners filed appeals in the Sindh Service Tribunal, which was dismissed. After that they approached the apex court.
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