PESHAWAR: The Peshawar High Court has set aside a Pakistan Post recommendation to declare the 2022 recruitment process for around 750 employees in its Khyber Pakhtunkhwa Circle null and void, declaringthe relevantletterillegal.
Accepting four almost identical petitions by scores of Pakistan Post employees against the letter issued on July 10, 2024, a bench consisting of Justice Ijaz Anwar and Justice Farah Jamshed observed that it had yet to be determined whether there was any illegality or irregularity in the selection process or the petitioners were appointed in accordance with the law as neither the employees or the employer had been put to departmental proceedings nor had their individual case been scrutinised.
Referring to different superior court judgements, it declared: ‘Keeping in view the above principles set by the Supreme Court when there are allegations of irregularities in the process of selection, we deem itappropriate to strike down the impugned letter with further direction to the respondents to treat the petitioners in accordance with law and to provide them proper opportunity of hearing and fair trial as provided in Article 4 of the Constitution of Islamic Republic of Pakistan, 1973, read with the Civil Servants (Efficiency & Discipline) Rules, 2010.
Ms Aniga Waheed and other petitioners had requested the court to set aside the operation of the impugned letter issued on July 10, 2024, and any other process initiated before or after the issuance of that letter related to the recruitment process.
They also sought declaration of the court that the recruitment by the Pakistan Post was in accordance with the law and rules, and fulfilled all codalformalities.
Respondents in the petitions included the federal communication secretary and postmaster general and Pakistan Post director general.
After the instant petitions werefiled, the court granted them interim relief in Aug 2024, directing respondents not to terminate services of the petitioners.
‘In terms of the definition of ‘misconduct’ getting appointment by asserting exterior influence has been termed as misconduct within the meaning of the law for which departmental proceedings can be initiated in terms of Civil Servants (Efficiency & Discipline) Rules, 2020,’ the bench observed in its 19-page detailed judgement.
‘Scrapping the whole appointment process without providing any right of hearing to the appointees, besides considering their eligibility against the relevant posts would be in fact violation of Article 4 and 10-A of the Constitution of Islamic Republic of Pakistan, 1973.
The court declared that having been appointed against the posts in question, petitioners had the protection of the law and were to be treated in accordance with the law. -Bureau Report