Constitutional Court: Departments at fault for missed tests, employees reinstated

The Federal Constitutional Court (FCC) has held that government departments were responsible for failing to hold mandatory eligibility tests for reinstated employees, and that the employees cannot be penalised for the departments' negligence.

The court disposed of contempt petitions concerning implementation of an earlier Supreme Court judgement. It directed the authorities to implement the Supreme Court's detailed judgement of December 17, 2021 in its true spirit and to treat the petitioners as unconditionally and permanently appointed employees.

The three-member bench was headed by Chief Justice Amin-Ud-Din Khan and included Justice Ali Baqar Najafi and Justice Syed Arshad Hussain Shah. Justice Najafi wrote the judgement, which The Express Tribune described as 10 pages long.

According to Daily Pakistan, the Supreme Court had set two different conditions for the reinstated employees in December 2021: some were restored to their former posts, while others were restored subject to passing a relevant exam. The Express Tribune reported that the Supreme Court, using its suo motu jurisdiction, had restored thousands of government workers sacked under its August 17 judgement, which struck down the Sacked Employees (Reinstatement) Ordinance Act 2010.

The required exams were never held. The departments said the employees had not contacted them for the test, while the Federal Public Service Commission said it cannot hold an exam without a request from the departments concerned. The court noted that the departments did not call the employees for tests and did not ask the commission to conduct them. It ruled that employees could not prepare test papers themselves or sit the exam at the commission's centre on their own.

The court held that the test condition became ineffective because of the departments' lack of interest and delay, not because of any fault of the petitioners, according to the reports.

The Express Tribune reported that the order described compliance with court decisions as a constitutional requirement. Justice Najafi wrote that to disregard or delay implementation of a court verdict "amounts to challenging the very framework of the legal system". The order also said: "Consequently, the erosion of trust in the judicial system may undermine the democratic system."

The court said that at this stage it would exercise restraint rather than act pro-actively, given the overall circumstances, according to the Express Tribune.