SC orders review of retired officials' re-employment
07 December, 2013
ISLAMABAD: The Supreme Court has ordered that re-employment of retiring services persons must be done in public interest because re-employment against a sanctioned post is likely to affect the junior officers who are waiting for their promotion to the next higher rank, as their right of promotion is blocked.
Chief Justice of Pakistan Iftikhar Muhammad Chaudhry noted in the Haj scam case judgement that no one is indispensable for any institution, as people may come and go but the institutions continue to function. "Section 14 of the Civil Servants Act, 1973 provides that a retired civil servant shall not be re-employed under the federal government unless such re-employment is necessary in the public interest and is made with the prior approval of the authority next above the appointing authority, provided that, where the appointing authority is the president, such re-employment may be ordered with the approval of the president," it added.
Mentioning the details of 30 retired officers who are still working on contract in different departments, the court observed that re-employment of persons in services on their retirement must be made in public interest because re-employment against a sanctioned post is likely to affect the junior officers who are waiting for promotion to the next higher rank. They have to wait until the re-employed officer completes his contract. "In the meanwhile, they have to face difficulties in maintaining their seniority, etc.
The promotion of an employee is not to be blocked to accommodate a retired officer, however, if the right of promotion is not blocked by re-employment, then such powers can be exercised, that too in an exceptional case." The court directed the federal and provincial governments to examine in terms of the provisions of law the cases of civil servants or other persons who have been re-employed and take necessary steps to ensure that re-employment or employment on contract basis is not made in violation of the relevant law.