ISLAMABAD, Oct 30 (APP):The Federal Constitutional Court (FCCP) has held that government departments were responsible for failing to conduct mandatory eligibility tests for reinstated employees and that the employees could not be penalised for the departments’ negligence.
Disposing of contempt petitions concerning implementation of a Supreme Court judgment, the court directed that the petitioners be treated as permanently appointed employees without any further conditions.
In a judgment authored by Justice Ali Baqar Najafi, the court observed that the relevant departments neither called the employees for tests nor requested the Federal Public Service Commission (FPSC) to conduct examinations. The requirement had consequently become ineffective due to departmental inaction and delay.
A three-member bench headed by Chief Justice Aminuddin Khan, comprising Justice Ali Baqar Najafi and Justice Syed Arshad Hussain Shah, heard the cases.
The court noted that employees could neither arrange examinations themselves nor independently approach the FPSC examination centres. Conducting the tests was the responsibility of the departments concerned.
Under its December 17, 2021 judgment, the Supreme Court had ordered unconditional reinstatement of employees whose posts did not require qualifying tests at the time of initial recruitment, while others were reinstated subject to passing the relevant examinations.
The FCCP directed the authorities to implement the Supreme Court’s judgment in letter and spirit and treat the petitioners as permanently appointed employees.
Source: APP (Associated Press of Pakistan)
