SC verdict causes unrest in FIA, other institutions

KARACHI: Seven months ago, a three-member bench of the Supreme Court issued a 19-page judgment that the decision of a cabinet sub-committee in the past to regularize officers of grade 16 and above, who were recruited on contract without participating in the Federal Public Service Commission examination, was illegal and unconstitutional.

The decision states that either such employees should be dismissed from their jobs or referred to the Federal Public Service Commission. The decision has caused great concern an d anxiety among federal institutions, especially the FIA, as it is mandatory to implement the decision, which has led to fears of a severe crisis and a reduction in manpower in the institution. In 2019, a similar decision by a three-member bench of the Supreme Court had resulted in the dismissal of dozens of FIA officers, ranging from assistant directors to deputy directors, whose jobs spanned 25 to 30 years. According to the documents, the Supreme Court of Pakistan issued a verdict seven months ago regarding employees of grade 16 and above of the Bureau of Immigrants and Overseas Employment, which will apply to all federal institutions, including the FIA.

Some officers, on condition of anonymity, gave different opinions. One said that a review petition has been filed. “The FIA has sent the list of officers to the FPSC as the Director General can send the names of only officers up to grade 16; the Home Secretary is authorized to send names above grade 16. The FPSC is not authorized to conduct interviews; it can only conduct examinations and interviews of new contract employees,” an officer said.

In 2011, the Establishment Division had issued a notification regarding regularization, although the summary was sent to the Prime Minister, no one knows what decision was taken on it. Even if the Prime Minister had taken the decision at that time, the 2024 decision of a three-member bench of the Supreme Court has set it aside. Another officer said that if officers failed in the FPSC and were dismissed from their jobs like in the past, it would create a huge crisis because the tenure of officers is 20 to 25 years and the Law Ministry is consulting in this regard.

In April 2021, a three-member bench of the Supreme Court, headed by the then Chief Justice, had sent home 53 officers recruited in 1989 during the PPP era for the same reasons. However, by then the officers had completed thirty years of service. According to FIA sources, if the Supreme Court’s decision is implemented, about 30 to 40 percent of FIA officers will be dismissed from their jobs.