SHC stops govt from recruitment in BPS-1 to 15 till 30th

KARACHI: The Sindh High Court has restrained the provincial authorities from processing the recruitment in over 140 departments, autonomous and other bodies of Sindh government till Aug 30.

A single-judge bench headed by Justice Zafar Ahmed Rajput issued notices to the chief secretary Sindh, chairman planning & development board, principal secretary to the chief minister, secretaries of around 40 departments and over 100 other defendants for next hearing.

The Muttahida Qaumi Movement-Pakistan through its convener Dr Khalid Maqbool Siddiqui had filed a suit in the SHC against filling thousands of vacancies allegedly without completing codal formalities and in violation of rules.

Representing the plaintiff, senior counsel Dr Farogh Naseem argued that the outgoing provincial government, its secretaries, departments, autonomous bodies etc have unleashed a mala fide and unlawful campaign to fill such vacancies without observing formalities by way of pre-poll rigging and the jobs were being dished out to favorites and blue-eyed ones.

He further contended that as per the Article 218(3) of the Constitution, elections had to be conducted honestly, justly and fairly in accordance with law, but such induction in the government departments by the defendants violated the paradigms of such constitutional provision.

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Moreover, the lawyer asserted, these jobs were also required to be filled in accordance with Rules 14, 15 and 16 of the Sindh Civil Servant (Appointment, Promotion and Transfer) Rules 1974 and Sindh Public Commission Service Act, 2022.

However, he maintained, various departments, offices and other bodies of Sindh government had issued advertisements in July and August in a great haste with mala fide to complete the process of appointments illegally.

Dr Naseem further argued that in some cases the defendants were asking the candidates to come for a walk-in-interview which, he claimed, was aimed at adjusting blue-eyed persons and for such purpose the provincial government had unleashed mala fide mechanism through the SIBA Testing Service of the IBA Sukkur.

Referring to two orders passed by the SHC in 2021 and March 2023, he submitted that no appointment can be perused through a third party testing service from BPS-1 to BPS-15 in any department except through competitive process and open merit with the budgetary sanction.

However, in order to undo such directions passed in these court orders, the defendants on April 26 through a policy and guideline appointed the SIBA Testing Service as the third party for carrying out illegal appointment, the counsel maintained. He argued that such policy and guideline ultra vires to law and Constitution, as well as violation of court orders.

He was of the view that the advertisements in question were illegal as the same did not requisite region of service or district as well as requisite PRC and domicile which was an utter violation of the Rules and Sindh Administrative Instructions ,1976.

The lawyer further asserted that the entire exercise of appointments was nothing but a mere sham, farcical and the act flies in the face of common sense as the whole process was non-transparent and illegal since there was no written test and interview at all.

Besides citing chief secretary, secretaries of around 40 departments, secretaries to the CM & governor and planning & development board, the plaintiff also impleaded all seven divisional commissioners, around 30 deputy commissioners, Sindh police, Karachi Development Authority, anti-corruption establishment, board of revenue, secretary Sindh Assembly, secretary provincial ombudsman secretariat, Sindh Employees Social Security Institution, SIBA and many others as respondents, the plaintiff said that the suit has been maintained for cancellation, declaration and permanent injunction, and also pleaded for ad-interim order.

After a preliminary hearing, the bench said that points raised by the counsel required consideration, and put the defendants on notice for Aug 30.

“Meanwhile, the operation of all the advertisements attached as annex C to C-93 to D-6, and K to K-4 to the plaint and induction process commenced by the defendants, Government of Sindh or any of its offices, autonomous and other bodies, departments and process commenced through said advertisements are suspended till the next date of hearing,” the bench in its order concluded.