HYDERABAD: A division bench of Sindh High Court’s Hyderabad circuit has ordered competent authority to repatriate all those officials working on deputation to their respective original/parent department as if they had never been absorbed or sent on deputation.

The bench comprising Justice Adnanul Karim Memon and Justice Adnan Iqbal Chaudhry had heard the cases on Nov 2 and reserved the judgement, which was announced on Thursday (Nov 11).

Justice Memon, who authored 10-page judgement, said that “however, serving officials will be entitled to their original seniority in their parent department and issue of lien will not come in their way strictly in light of the directions of Supreme Court of Pakistan contained in judgments in cases of contempt proceedings against Chief Secretary Sindh”.

The bench passed orders while disposing of three identical petitions filed by Ghulam Parwar, Rao Abdur Razik and Abbas Ali against Mehran University of Engineering and Technology (MUET), Jamshoro, and Shaheed Allah Bux University of Art, Design and Heritage.

Kashif Dars and Riaz Ahmed Shaikh of the MUET were interveners in the matter.

According to the judgement, the “competent authority of respondent university is directed to submit a compliance report through additional registrar of court within one month. Period of one month shall commence from date of announcement of this order. Respondents are directed to implement aforesaid judgments of SC in its letter and spirit”.

It says: “The question of reemployment of retired employees shall be taken care of by competent authority if their case falls within ratio of aforesaid judgments passed by SC. In the meanwhile, competent authority shall take into consideration promotion issue of petitioners as well as other officials/officers of respondent university if they have requisite length of service and qualification for promotion. The aforesaid exercise shall be undertaken within two months”.

Advocates M. Parkash Kumar, Masood Rasool Babar and Abdullah Khan Leghari, along with MUET legal officer Faizan Bhatti, appeared in court for the respondents.

The petitioners claimed negation of their fundamental rights and submitted that they were ignored/victimised in promotions while the persons who did not fulfil the merit criteria were being appointed, promoted and elevated through special favour in violation of law.

The counsel for the respondents’ maintained that absorption, deputation, out of turn promotion, person-specific upgradation, out of cadre postings, appointment by transfer and posting on an OPS (own pay scale) were/are not hit by the SC verdict.

The order said: “We are clear in our minds no department can be allowed to absorb any employee of another department/cadre except with certain exceptions as set forth by SC ... On aforesaid issues, we are fortified with recent decision dated Oct 5, 2018 rendered by SC”.

Published in Dawn, November 13th, 2021