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Thursday April 25, 2024

SC seeks comments as 98 employees challenge KDA’s repatriation refusal

By our correspondents
November 23, 2017
The Supreme Court has directed the advocate general of Sindh and the director general of the Karachi Development Authority (KDA) to file comments on a petition of 98 employees challenging the authority’s refusal to take them back.
During Wednesday’s hearing, the employees informed the apex court that they were not being posted to their parent department. They submitted that the authority had transferred two schemes to the Malir Development Authority (MDA) along with staffers. They said the MDA were trying to repatriate them to their parent department, but the KDA was not accepting them.
The complained that they had not been paid their salaries of the last several months, and several other KDA and MDA officers were still working on a deputation basis. The apex court observed that lower-grade employees were given higher posts in other departments on a deputation basis, and directed the KDA and the MDA to submit reports with regard to the repatriation of the KDA employees.
SHC orders
Civil society representatives filed an application in the Sindh High Court, seeking the implementation of court orders for the enactment of rules regarding transfers and postings, tenures in the police force.
Karamat Ali and other petitioners submitted that the SHC in its September 7 judgment had quashed the transfer and posting notification of senior police officers issued on July 7, 2017, and all similar notifications as unlawful as powers for transfers and postings of police officers, at all levels, inclusive of PSP officers serving in the province, vest in the inspector general of police and are to be exercised by him in terms of rules or orders to be framed.
They said that the court had directed the provincial police chief to frame draft rules within 30 days setting out the manner in which he (and/or the police hierarchy acting through him) was to exercise the powers of transfers and postings in the police force at all levels.
The court had observed that the rules must also, inter alia, set out the period or term that is ordinarily to be served at any level/post, so as to ensure that “the rules laid down by the Supreme Court in the Anita Turab case shall apply in relation thereto”.
The draft rules shall be transmitted to the provincial government (here meaning the provincial cabinet) and also, to ensure transparency, posted simultaneously and prominently on the website of the Sindh Police (i.e., on the home page).
They submitted that Sindh cabinet did not implement the judgment in letter and spirit and tried to remove the IG Sindh in order to delay and avoid the enactment of the draft rules framed by the IG Sindh. They requested the court to direct the Chief Secretary and IG Sindh to file report regarding implementation the direction of the court in relation to the enactment of rules regarding transfer, posting and tenure in the police force.