IN a major decision that has impacted hundreds of families, the Supreme Court has reinstated sacked government employees who had lost their jobs in light of another SC decision in August. There were scenes of jubilation outside the court premises when the gathered people heard that a five-member bench, with a 4-1 majority, had reinstated them, though with some caveats. The details of the issue date back to the 1990s when the then PPP government had employed many thousands of people in various government departments and organisations. However, they were let go after the PPP left office. The matter was referred to the courts and it lingered there till the PPP returned to power and in 2010 promulgated the Sacked Employees (Reinstatement) Act, 2010, as a result of which all these people were once again back in their jobs. However, some petitioners went to court again and finally the SC issued a verdict on Aug 17 this year when Justice Mushir Alam declared as illegal the SERA and all the employees who had been reinstated as a result of that act were once again rendered jobless.

The government as well as many of these people had filed a review petition in the SC on the Aug 17 judgement. Friday’s SC judgement did not entertain the review petition which meant that the original decision of Aug 17 remained in force. However, the bench invoked the original jurisdiction under Article 184(3) of the Constitution read with Article 187 and restored the sacked employees. In this way the SC used its constitutional powers to provide justice to the people who had lost their jobs without overturning its earlier judgement.

While this may be good news for thousands of people who now find themselves gainfully employed again, it is also a reminder that doling out government jobs as an act of political patronage comes at a heavy cost. The PPP had indulged in such acts and had defended it as a noble thing without realising that jobs are not freebies but entail a steep economic cost to the nation. In addition, government jobs are not meant to be distributed as political gifts to supporters. They must be based on merit because the government can perform well only if it employs the right people for the right jobs. When this basic principle is not followed, the citizen suffers at the end. Given the precarious state of the economy, and the bloated size of the government, it is all the more important that governments pay special attention to the issue of hiring. The SC judgement has eased the suffering of those thousands who have been agonising over their fates for more than a decade, but it should be a wake-up call for all political parties as they compete for power.

Published in Dawn, December 20th, 2021