Departments to blame for no tests; reinstated staff deemed permanent: Federal Constitutional Court

ISLAMABAD: Holding the mandatory eligibility tests needed to retain government employees in service was the responsibility of the departments concerned. Employees cannot be punished for the departments’ negligence.

The Federal Constitutional Court disposed of contempt petitions over the implementation of an earlier Supreme Court judgment. It ordered that the petitioners be treated as unconditionally and permanently appointed employees.

The judgment, written by Justice Ali Baqar Najafi, held that the departments concerned neither called the reinstated employees to take the tests nor sent a request to the Federal Public Service Commission to hold the examinations. The employees therefore cannot be held responsible for this negligence.

Owing to the departments’ lack of interest and delay, the condition of a test has become ineffective. Employees cannot be deprived of any right on that basis. A three-member bench headed by Chief Justice Aminuddin Khan heard the cases. The bench included Justice Ali Baqar Najafi and Justice Syed Arshad Hussain Shah.

Conditions of the Supreme Court judgment

According to the judgment, in its ruling of 17 December 2021 the Supreme Court set two separate conditions for reinstated employees. For posts that required no qualification, or educational or technical test, at the time of initial recruitment, the employees were ordered to be reinstated to their previous posts. Other employees were reinstated on the condition that they pass the relevant test.

The court held that the departments concerned and the Federal Public Service Commission have still not held the required tests. The departments’ position was that the employees themselves did not approach them for the tests. The Federal Public Service Commission said it could not hold a test without receiving a request from the departments concerned.

The court said the employees could not prepare question papers themselves and submit them to the departments. Nor could they go to the commission’s examination centre and sit the test of their own accord. Holding the test was the responsibility of the departments concerned, so the employees should not suffer for it.

The court held that the rule of law is of fundamental importance in a constitutional democracy. It said implementing Supreme Court judgments is not a mere formality but a constitutional requirement. Ignoring court orders or delaying their implementation can affect public confidence in the judicial system.

The authorities concerned have been directed to implement the Supreme Court’s detailed judgment of 17 December 2021 in its true spirit. They have also been directed to treat the petitioner employees as unconditionally and permanently appointed.