Despite clear directions of the Supreme Court, ministry of education has reluctant to regularize over 1700 daily-wage employees of Federal Directorate of Education (FDE), while pointing ‘legal hitch’ in the superior court’s verdict to create further impediment in the path of regulations.
The well informed sources disclosed that after the apex court clear directions to implement Islamabad High Court (IHC)’s verdict in which the court directed the government to regularize the all daily-wage/contractual employees, working under federal government, with immediately. The IHC had asked to give such employees joining within 90 days. Later, the federal government challenged the verdict in the Supreme Court. However, the apex court set aside the government’s plea and upheld the IHC judgment.
Justice Gulzar Ahmed, who headed the three-member bench of apex court, remarked “the all daily-wage employees should give joining-applications in their respective departments”. In case any department refuses for giving joining to any such employee, they should file contempt of court pea in the IHC”, he asked the employees.
The well informed sources said that the authorities in the federal education ministry as well as in the FDE, are making dilly-dallying practices to comply the both courts’ orders.
“The ‘babus’ in the bureaucracy are major hurdle in path to mend the issue”, said a senior official in the education ministry closed to the matter adding that now the ministry is intended to seek legal consultation from ministry of law.
He disclosed that a meeting in this regard was also held in the ministry last week which was also attended by some MNAs.
“Such delaying tactics are also followed in the past as well mere to increase trouble of daily-wage employees and do their mental torture”, the official added.
In a 72- page Judgment of a IHC clearly directed that “all employees, who have been regularised by the government of Pakistan through Cabinet Committee, who have not been given joining due to the restriction imposed by the government and they are only waiting for their posting orders, the concerned ministries and divisions are directed to issue their posting orders within a period of 90 days subject to fulfilment of other codal formalities”.
The court maintained that “employees, who are already working in different ministries, divisions, and other departments whose services have been regularised; they should not be disturbed as their cases fall within the ambit of past and closed transaction, subject to conditions that they were appointed in accordance with law in a transparent manner”.
One of the daily-wage said that despite clear verdict, they are still waiting for implementation, adding that they are almost despondent over lethargic behavior of the authorities concerned.
Despite repeated attempts, Joint Education Advisor Professor Rafique Tahir, who remained part of almost every key meeting of education ministry, could not be contacted to have comment over the issue.
Special Assistant to Prime minister on CDA affairs Ali Awan, who attended the said meeting , claimed that it was categorically decided that the court orders should be implemented with letter and spirit from BPS-1 to BPS-15 while for above cadres positions, he admitted, the legal help has been sought from law ministry.
“We have true intentions to regularize these employees which is pending since long”, he committed.
While talking to Daily Times, Renowned legal practitioner, Shoaib Shaheen said that there was not any sort of ambiguity in IHC judgment. “As per verdict, all ministries, divisions, and departments are bound to give joining to contractual employees within three months”, adding that if someone terms it as ‘legal hitch’ mere to keep the facts under carpet, should be liable for contempt of court.
According to the details, other than Pakistan Council for water and research, and some other federal government institutions, around 1750 daily-wage teaching and non-teaching employees are working in different institutions of the FDE. The directorate is the attached body of education ministry and has responsibility of overseeing 423 educational institutions in the Islamabad Capital Territory (ICT).
The Pakistan People’s Party (PPP) government introduced a policy for contractual and daily wagers of the federal government. A sub-committee of the cabinet was formed to further discuss the devised policy and the committee directed regularisation of 100,000 daily wagers, who had been working in various federal departments and ministries.
However, aforementioned organizations’s employees could not be regularized. The perturbing employees, particularly of FDE also had staged several protests against this d dilly-dallying approach of the authorities concerned but in vain.
