SC reinstates all govt grade 1 to 7 employees

ISLAMABAD: The Supreme Court of Pakistan on Friday reinstated BPS 1 to 7 employees in its verdict on the review plea of the federal government and 16,000 employees against the annulment of Sacked Employee Act.

The apex court ordered reinstatement of other government servants working in grade 8 and above conditional to departmental tests.

The Supreme Court’s five-member bench headed by Justice Umar Ata Bandial heard the set of petitions seeking review of the annulment under which nearly 16,000 government employees were rendered jobless. The only note of dissent came from Justice Mansoor Ali Shah who contested the decision.

Read more: Restoration of sacked employees: SC seeks reply from AGP on Parliament’s jurisdiction

The apex court, in its order, said that the employees working in BPS 1 to 7 will be restored and their case will be heard under Article 184/3. However, the employees working in grade 8 and above will have to pass the departmental examination.

Justice Umar Ata Bandial remarked that “Workers who were fired on the grounds of misconduct and corruption won’t be reinstated”. The employees who were required to take the test at the time of recruitment will have to sit for the test again.

The apex court’s short judgment explained that those employees who were recruited between a period of 1996 and 1999 and did not pass the test, they would have to clear the exam. But those employees who were hired after taking the exam in that period, they are not required to pass the exam again.

The apex court in its judgment observed that the Sacked Employees Act, 2010 was in contravention of the Constitution.

Justice Mansoor Ali Shah in his dissent note remarked: “Parliamentary sovereignty or legislative supremacy is the cornerstone of a strong democracy. We must, therefore, recognize the central role of the legislature. Undermining the legislature undermines democracy. Both the legislature and the judiciary must play their role in a spirit of profound respect for the other and within the limits set out in the Constitution. Rule of law is not merely public order, it is social justice based on public order. The law exists to ensure proper social life by balancing the needs of the society and the individual. The courts must protect this rich concept of rule of law. Under Article 8 of the Constitution, any law enacted by the legislature is void only to the extent it takes away or abridged fundamental rights of the people”.

Decision against the annulment of sacked employee act was reserved on Thursday.

Earlier on Thursday’s hearing, Justice Bandial said it should be borne in mind that although the case was the subject of ‘review’, it had expanded even beyond that. “As a matter of fact, it was heard from the very start”.

He remarked that “It is our endeavor that justice is done in the case and people’s basic rights are protected. At the same time, let me emphasize that although we are sympathetic towards the affectees, for us, the constitution and laws of the land are still of paramount importance”.