Contractual Employement

Re-employment and re-appointment of the senior employee on contract basis after retirement is against the spirit of the fundamental rights provided in the Constitution of Islamic Republic of Pakistan, 1973.  It is considered as injustice, hurdle and major problem in smooth flow of promotions and future prospects of civil servants. Following case laws strengthen this view that appointment on contract basis should be abolished:

PLD 2011 SC 205

In terms of Section 2(1)(b)(ii) of the Civil Servants Act, 1973 a person who is employed on contract does not even fall within the definition of civil servant, so his authority to command and maintain discipline can well be imagined from the fact that if a person himself is not a Civil Servant, he is only considered bound by the terms and conditions of his contract and not by the statutory law, because if any condition lay down in the contract is violative to statutory law, he would only be subject to action under the said contract.

2013 SCMR 1752  Page: 1852 says: through the impugned Ordinance no. VI of the 2012 and Act XIV of 2013 the Sindh Govt. by virtue of the amendment in Section 14 was given power to re-employ a retired civil servant. Provisions of un amended sections 14(1) and (2) n were interpreted by this court and the amended section (3) were …. Post retirement re employment is major problem in smooth service of career officers in terms of promotions and postings instilling a sense of injustice.

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