HYDERABAD: A division bench of Sindh High Court’s Hyderabad circuit comprising Justice Mohammad Iqbal Kalhoro and Justice Adnanul Karim Memon has suspended operation of the Hyderabad Electric Supply Company’s order for the termination of services of its chief financial officer (CFO), Hina Talpur.

According to her counsel, the bench observed that apparently it was done during pendency of a petition to desist Ms Talpur from pursuing her case.

Although this is an individual case, but it has far reaching effects and amounts to undermining judicial system whereby people aggrieved of decisions of their officers or executives approach court for redressal of grievances, according to court’s observation quoted by the counsel.

“If such kind of apparently mala fide acts were allowed to stand ground people would be scared to approach this court,” The bench observed and adjourned the matter to Oct 18.

The bench passed the suspension order on a petition filed by Ms Talpur to challenge Hesco’s Sept 27 order terminating her service contract as its CFO. She was represented by Advocate Tariq Majeed.

On July 13, the court had issued notices for Aug 16 to federal secretary energy (power division), managing director Pakistan Power Planning Company and Hesco’s chairman board of directors, chief executive officer (CEO) and six other officers.

Ms Talpur prayed the court to restrain the respondents from taking any adverse action against her in respect of her employment. She stated that she was senior-most officer of the cadre of deputy manager accounts.

She prayed that court should declare that recommendations of the committee to resolve seniority objections was unlawful. She also prayed that the respondents should be directed to nominate the petitioner for the upcoming middle management course at Wapda Staff College.

She added respondents should be restrained from ‘promotion board’ for Giving the history of her association with her employers, she submitted in court that she had been working as CFO at Hesco since March 16, 2018 after being selected through competitive process. Earlier, she stated, she was appointed as assistant manager by Wapda’s GM finance (power) and was posted at the Jamshoro Power Company Limited (JPCL) on Sept 15, 2004. She was transferred from Jamshoro to Hesco on July 31, 2008 and, while working there as assistant manager accounts, she was offered appointment as deputy manager tariff (BS-18) being eligible, qualified and deserving candidate against the regular vacant post on the recommendations of selection committee and HR committee by Hesco’s board of directors BoD and minutes were issued.

She stated that the perusal of minutes showed that she and respondent Deen Mohammad Keerio were having required qualification for the said post and were holding these positions on current/additional charge basis. She stated that they had completed all requirements for promotion thus they should be offered posts of manager finance in BS-18 and deputy manager tariff.

According to her, the order issued by the CEO mentioned that her past service would be counted. Hesco circulated seniority list of deputy manager accounts on Aug 26, 2020 in which she was shown at serial No. 18 and respondent Mr Keerio at serial No. 19. The Hesco CEO issued a list on Dec 8, 2021 placing her at serial No. 2 and Mr Keerio at senior No. 3. She contended that despite being junior to her, the respondent was nominated for mandatory promotion training at Wapda Staff College, Islamabad, by the PPMC managing director on Nov 12, 2021 in violation of rules, ignoring petitioner for her nomination for promotion.

She informed the bench that she was nominated for the middle management course at the Wapda Staff College on Sept 24, 2020 for being the senior-most officer but all of a sudden the nomination was withdrawn the next day. She said she submitted representations against the withdrawal but to no avail.

She said the Hesco CEO on Jan 25, 2022 formed a committee headed by Gul Muneer Surhio to resolve seniority objections which said seniority of Mr Keerio be revised to serial No 2 in place of her.

She stated that the Hesco CEO, without taking action on her appeal, issued the final seniority list on April 11, 2022 in violation of rules thus changing her seniority from serial No. 2 to serial No. 3.

Published in Dawn, October 3rd, 2022