By Iqbal Choudhry
ISLAMABAD: President Asif Ali Zardari on Friday promulgated the ‘Sacked Employee (Reinstatement) Ordinance 2010’ in a bid to provide relief to those appointed in corporations, autonomous, semi-autonomous or government services.
The 13-point ordinance mentions relief employees as those appointed during the period from the November 1, 1993, to November 30, 1996, and dismissed, removed or terminated from service during the period from the November 1, 1996, to December 31, 1998.
With the National Assembly not in session, the president — satisfied that circumstances render it necessary to take immediate action — has exercised powers conferred under Clause (1) of Article 89 of the constitution in promulgating the ordinance, which applies to the whole of Pakistan and comes into effect immediately.
Under the document, the president has reinstated “sacked” employees immediately to grades that are one scale higher than the ones they were serving in at the time of the termination, dismissal, removal or “forced golden handshakes … during the period from November 1, 1996 to December 31, 1998”. The ordinance also disregards anything contained in any law or tribunal/court judgement for the time being.
According to the proposed law, a board has been established to review the cases of those who were serving in corporations or government services but were dismissed, removed or terminated “on account of the closure of organisations, absence from duty, misappropriation of government money or stock or medical unfitness”.
The review board would include secretaries of the consist of Law and Justice Division and the Establishment Division, while it would be headed by a retired judge of the Supreme Court or a high court and appointed by the federal government. Former employees would be able to pursue their cases with the board within 60 days of the promulgation of the ordinance.
Under the clause for the reinstatement of contract employees, the ordinance says, “A person in corporation or government service, who held the post on contract against a regular post … his/her contract was extended at least once and he/she was subsequently dismissed, removed or terminated from service shall be reinstated immediately and adjusted against regular post.” It also reinstates those who were forced to agree to golden handshakes, subject to the reimbursement of all monetary benefits received by them.
In case of non-availability of sanctioned posts or equivalent scale posts, the document says, “Secretaries of ministries, divisions or heads of departments or corporation or organisation shall immediately create supernumerary posts to accommodate the reinstated employees, and such arrangements shall continue until the availability of regular posts.”
Source: Daily Times
Date:2/6/2010
