SUPREME COURT AND EMPLOYMENT ON CONTRACT



  • 15 March 2017

    An Apex court three-member bench directed to remove all contractual retired employees in the Sindh Law Department. It observed that the persons beyond 60s and 70s had been appointed which would destroy the system if regular appointments were not made. The bench also questioned the competency of such retired officers who don’t even know where to put “colon or semi-colon”. If memories of this old man are not bent to fail him, he remembers years back SC disliked appointing retired people except in most exceptional cases. Did this nation saw any implementation on it or any notice on violation of the same? Though answer is naked visible namely this order over the previous one which in simple word means the previous one was not obeyed, yet it is a point to ponder.

    1. Last year an ex-ambassador in his two series article mainly on the Federal Ombudsman office wrote that 60 above retired were being appointed on high perks there. He added that while the ombudsman office can be said as an Old Age Home, this is the age, generally in which, one does not remember in the afternoon what he took in the breakfast that morning. The present Federal Ombudsman, according to the article, himself is above 75 and so often travels to USA for treatment (on expense of taxpayers or self, is not known according to the article). However, two articles from Rauf Klasra are before me reading that the Ombudsman took allegedly Eid Bonus, Rs. 1.60 cror as allowance (judicial?) for 2008 to 2012 for which period he did not work. Hence, this senior citizen presumes this USA travels might be from that!!! That is what the Apex Court said about 60s above appointed not knowing even “comas and semi-colon”. Last year I sent a complaint to the Wafaqi Mohtaib. I addressed it as to the “Honourable Federal Ombudsman” and typed it in English on a costly laptop typed and printed on a high cost Laser Printer. It was rejected with the objections. The one was that a complaint should be “In Writing”. Either the “official” definition of “in writing” had changed in Pakistan or perhaps for the “ بابے بزرگ “. The second objection was that a complaint should be addressed to the “Wafaqi Mohtasib”. Word Wafaqi Mohtasib is our Urdu while the Ombudsman is English and universal version. However, this senior citizen could not stop wondering if using word “Federal Ombudsman” makes a complaint non maintainable then why on the official website of his office name in block capitals is “FEDERAL OMBUDSMAN OF PAKISTAN”.

    2. After Javed Sadiq Malik completing his tenure on 27 October 2010, the chair of Federal Ombudsman remained vacant for about two year till the then President Asif Ali Zardari could not find his own “My Man”, similarly as Khadim-e-Ala taking advantage of a 4 day ex-Pakistan absence of the Governor, got his “My Man” appointed as Punjab Ombudsman taking the advantage through acting Governor. The present Federal Ombudsman took charge on 08 December 2012. During this more than two years, the Contracts of many “بابے" expired even then those “بابے “ kept coming to the office, drinking official coffee, using telephone transport. Legally, universally the last day when the contract expires, the concerned employee from the very next day has no right to come. But in our case since there is no law and more particularly in our institutions dealing with the law, knowing their influence these بابے kept on “coming” in office knowing well as and when the new ombudsman; the competent authority to sign/renew a contract, took charge their contracts are there bound to be signed fetching their salaries backdated with retrospective effect. They kept “coming”? The ex-Ambassador in his article says when the present ombudsman went for “US treatment” these بابے were rarely seen in the offices. This is a common knowledge. Last year a well known Administration Researcher in his article wrote he went to the Sindh Ombudsman Office at 11.00 am where till not a single officer had arrived.

    3. Last year an article appeared headlined “Wafaqi Mohtasib becomes safe haven for corrupt officers”. The article read that the mohtasib has made a record of injustice by appointing dozens of officers, some named in the article, involved in corruption of billions by appointing them as Commissioners on heft pays and allowances.

    4. The Court’s observation that system would get destroyed if the present tendency of appointing old is not stopped by appointing “regular” appointments. It is a very fine observation but it would had been more benefit to the nation if it had also observation that the mushroom unnecessary appointments also are not made just to provide jobs to some dear ones. What is in PIA? Why Steel Mills reached today’s situation? Not just corruption but it started from unnecessary dumping of people there and unnecessary staff leads too towards corruption. Air Martial Asghar Khan had one stated that Ombudsman has a large army either nothing or very little to do.

    5. The Head Office of the Federal Ombudsman is right on the same Constitution Avenue where sits the Apex Court. Why should not the re-employment of بابے on such large scale in the Ombudsman office “First” be taken note of particularly when all these Ombudsmen and officials under them are appointed to take note of any violation of Law and restore the supremacy and respect of Law. If these ombudsmen themselves don’t care top Apex court’s orders, how can they themselves take notice of disobeying of Law by the bureaucracy? It is a simple question of this 70 years old fool?