Increase font size Decrease font size Reset font size

Arguments on plea against law secy`s posting sought

By Our Staff Reporter 2017-11-16
LAHORE: The Lahore High Court on Wednesday sought arguments from a lawyer on the maintainability of his petition challenging appointment of Dr Syed Abul Hassan Najami as Punjab secretary for law and parliamentary affairs.

Touseef Ahmad Bajwa, a lawyer by profession, assailed the appointment by filing a writ petition andalsourgedthecourtto recover all the ñnancial benefits availed by respondent Mr Najami in addition to striking down his appointment.

Arguing on behalf of the petitioner, Advocate Safdar Shaheen Pirzada said the respondent retired as secretary Punjab Assembly and was re-employed immediately on a contract basis and posted as the secretary law.

He said the government kept extending the contract of the respondent every year since the appointment was made in 2009. The latest notiñcation regarding extension of the contract of the respondent secretary was issued on Oct19, 2017, he added.

Thecounselarguedthat the issuance of the impugned notification by the government was illegal and a result of arbitrar-iness, partiality and against the mandate of law settle d by the Supreme Court.

He further argued that re-employment of a retired servant without advertisement or without resorting to rule and regulations is against the mandate of merit enshrined in articles 8, 26 and 2-A of the Constitution.

The lawyer stated that the slot of the secretary law is a permanent civil post in connection with the affairs of the Punjab province, which can be filled in terms of section 4 of the Punjab Civil Servants Act, 1974. Even the re-employment policy has not been followed in the impugned appointment, the counsel contended urging the court to set aside the appointment of Mr Najami as secretary law.

Additional Advocate General Anwaar Hussain objected to the maintainability of the petition and argued that the government had the powers to reappoint a retired officer.

He said the Supreme Court had also endorsed such power of the government.

Chief Justice Syed Mansoor Ali Shah adjourned further hearing till Dec 18 and asked the petitioner`s counsel to come up with more arguments in support of his petition.