IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.
C.P No: D-1090/2009
For Katcha Peshi
Mr. Shaikh Amanullah for the Petitioners.
Mr. Mukesh Kumar Karara for the respondents.
Mr. Imtiaz Ali Soomro, AAG.
The petitioners were terminated from service in 1998 when they were working as Naka Chowkidars in the service of Local Government. They filed this Petition in October, 2009 to seek their reinstatement on the basis of the Sacked Employees (Reinstatement) Ordinance, 2009 issued by the President of Pakistan. The relevant contents of the said Ordinance are as follows:-
“2-Definitions.- In this Ordinance unless there is anything repugnant in the subject of context:-
a) “a person in corporation service” means a person who was appointed in a corporation, organization or autonomous or semi-autonomous body, established by or under a Federal law or owned or controlled by the Federal Government, during the period from the 1st day of November, 1993 to the 30th day of November, 1996 (both days inclusive) was dismissed, removed or terminated from service or given forced golden hand shake during the period from the 1st day of November, 1996 to the 31st day of December, 1998 (both days inclusive).
b) “person in Government service: means a person who was a member of the civil service of the Federation or held a civil post in connection with affairs of the Federation in a Ministry, Division or department during the period from the 1st day of November, 1993 to the 30th day of November, 1996 (both days inclusive) and was dismissed, removed or terminated from service or given forced golden hand shake during the period from the 1st day of November, 1996 to the 31st day of December, 1998 (both days inclusive); and
c) “Review Board” means the Review Board established under section 4.
3. Reinstatement of employees.-Notwithstanding anything contained in any law for the time being in force, judgment of any tribunal or a Court including the Supreme Court and the High Court, contract or terms and conditions of service, all persons appointed in corporation or Government service, during the period from the 1st day of November, 1993 to the 30th day of November, 1996 (both days inclusive) and was dismissed, removed or terminated from service or given forced golden hand shake during the period from the 1st day of November, 1996 to the 31st day of December, 1998 (both days inclusive) shall be reinstated immediately in service on one scale higher to their substantive scale of the post at the time of termination of service and report for duty to their respective departments or organizations.
Provided that in case of change in scale or structure of any post or cadre by the competent authority after the 31st day of December, 1998, the person in corporation or Government service on reinstatement shall be placed on one scale higher than the revised or existing scale of the post.
Provided further that any person in corporation of Government service who was dismissed, removed or terminated from service on account of closure of organization of absence from duty, misappropriation of Government money or stock or medical unfitness may prefer petition to the Review Board as provided in Section 5.
4. Establishment of Review Board. --------------------------------------------------------------------------------------------------------
5. Petition to the Review Board.- (1) Any person in corporation of Government service who was dismissed, removed or terminated from service on account of closure of organization, absence from duty, misappropriation of Government money or stock or medical unfitness may within sixty days of the commencement of this Ordinance, prefer petition for review of the order of dismissal, removal or termination from service to the Review Board which shall decide the case within thirty days of its first hearing. The Review Board may, on consideration of review petition and any other relevant material, confirm, set aside, vary or modify the order”.
Under Section 5 of this Ordinance, the terminated employees have to first approach the Review Board within 60 days of the commencement of the Ordinance, and thereafter, the process of reinstatement is to be finalized by the Review Board. However, the petitioners are admittedly not the employees of the Federal Government whereas this Ordinance applies to only former employees of the Federal Government. Had this Ordinance been applicable to the Provincial employees, even then the remedy would have been before the Review Board within the time prescribed under the Ordinance. As the petitioners are not ex-employees of the Federal Government, no case is made out.
This petition is, therefore, dismissed.
Judge
Judge
Rashid