8:85:

289. Reference FR (P-115/C)

290. Ministry of Housing and Works has intimated that Four Sacked employee
(Assistant Executive Engineer) were placed at the disposal of Pak PWD by the
Establishment Division vide notification No. 6-19/2014-RB dated 15-5-2015

i. Mr. Qadeer Hussain

ii. Mr. Nasir Ahmed Sajid
iii. Mr. Muhammad Arshad Chishti
iv. Mr. Abdul Malik

Out of them Mr. Qadeer Hussain and Mr. Nasir Ahmed Sajid have already joined Pak PWD,
out of remaining two, Mr. Arshad Chishti, Assistant Executive Engineer also submitted his
joining report which was not accepted. Ministry of Housing and Works has requested to
withdraw notification in respect of Mr. Muhamamd Arshad Chishti and Mr. Abdul Malik and
adjust them somewhere else.

290. In this regard it is submitted that above four officers were placed at the
disposal of Pakistan Public Works Department (PWD), Islamabad, Ministry of Housing &
Works, Islamabad for adjustment/posting against regular vacant posts of Assistant Executive
Engineers (BS-17) on permanent basisi, under Section 6 of SER Act, 2010. As such all
connections of the officers have been severed with Establishment Division, Since their
Notification for posting in Pak PWD, Ministry of Housing and Works Islamabad.

291. If approved, we may convey the above portion to Ministry of Housing &
Works accordingly.

(Muhammad
Nadeem Mujahid)
Section Officer
(RB-I)
DS(R
 No.5(16)/2015/RB-(1307)

ESTABLISHMENT DIVISION
(Review Board)
<><><>

Subject: REQUEST FOR REINSTATMENT IN SERVICE

Vide FR Prime Minister’s Public Affairs and Grievances Wing Ministry of

Parliamentary Affairs, Islamabad has forwarded application of Mr. Pir Murad Ali
S/o Pir Shah addressed to the Prime Minister of Pakistan regarding his
reinstatement under SER Act, 2010.

2. The applicant was appointment on 23-11-1994 as Wireman in PTCL

Peshawar and terminated from service on 01-06-1996 (Page-7/c).

3. In this regard, it is submitted that the SER Act, 2010 was enacted on
08-12-2010 to provide relief to persons who were appointed in a corporation
service, autonomous, semi-autonomous bodies or in Government service, during
the period from the 1st, day of November, 1993 to the 30th day of November, 1996
(both days inclusive) and were dismissed, removed or terminated from service
during the period from the 1st day of November, 1996 to the 12 th day of October,
1999 (Both days Inclusive). Further, under Section 3(1), a sacked employee is
required to file an application within ninety (90) days of the enactment of SER Act,
2010

4. The above sacked employees submitted petition on 28-04-2011 for

reinstatement in service to Establishment Division the cutoff date i.e. 07-03-2011 as
Admissible under the SER Act, 2010 we have already intimated in response to his
petition which was beyond 90 days, therefore, time barred and cannot be
processed (Page-8/c).

5. In view of above, this request for reinstatement in service of

Mr. Pir Murad Ali is not covered under SER Act, 2010, the Prime Minister’s Public
Affairs and Grievances Wing, Ministry or Parliamentary Affairs, Islamabad may be
informed accordingly

6. Proposals made at 5/N, above are submitted for consideration and

kind approval of Joint Secretary (Admn), please.

(Muhammad Nadeem Mujahid)

Section Officer (RB-I)
31-05-2016
Deputy Secretary (RB)
 -12-

49 Reference Para 48/N.

50. It is submitted that on receipt of NOC to the adjustment/permanent

absorption of
Mr. Pervaiz Akhtar Porject Director (BS-18) in Government of Sindh, his services were
placed at the disposal of Govt. of Sindh vide this Division’s Notification dated 16-01-2013
for permanent adjustment/absorption there.

51. The S&GAD of Sindh vide letter dated 14-10-2015 informed that the NOC of

Mr. Pervaiz Akhtar, Project Director (BS-18) was inadvertently issued, consequently
Notification of absorption withdrawn.

52. It is clarified that the services of Mr. Pervaiz Akhtar were placed at the
disposal of
Govt. of Sindh at their own request vide letter No.SO(LR) SGA&CD-11(8)2011 dated 13-
09-2012. As such all connections of the officer have been severed with Establishment
Division, since his posting by the Sindh Govt., in cooperation Department for permanent
adjustment against the post of BS-18 under Rules-9 of Sindh Civil Servant (APT) Rules
1974 w.e.f. 19-11-2012

53. The S&GAD of Sindh vide letter No. SO(LR)SGA&CD-II(8)/2011 dated 29-
03-2016 informed that in pursuance of honorable Supreme Court of Pakistan’s Judgment in
C.O.P.
No. 89/2011dated 12-06-2013 C.R.P No. 193/203 all the employees of Federal Govt./
Provincial Govts. have been repatriated to their parent department and in case Govt. of
Sindh, considers absorption of Mr. Pervaiz Akhtar it would lead to contempt proceeding
against Chief Secretary Sindh / SGA&CD .

54. Accordingly Mr. Pervaiz Akhtar, Project Director, has submitted his joining
report in the Establishment Division on 02-05-2016 and requested for adjustment /
absorption in Federal Govt. He has further stated that he is a cancer patient and passing a
very hard life. He has also not received salary since March 2015 to date.
55. According to the Sacked Employees Reinstatement Act 2010 absorption of
the Reinstated Sacked Employees can not be challenged in any forum under Section 20(i) &
(ii) of SER Act, 2010 which are reproduced as under:-

20 (i). “The provisions of this Act shall have effect, notwithstanding anything
to the contrary, contained in any other law, for the time being in
force, or any judgment of nay tribunal or court including the Supreme
Court and a High Court.

20(ii). “Provisions of this Act shall supersede any law, rules or procedure
applicable or in force in nay corporation or autonomous, or semi-
autonomous organization or Government service, to the extent and
whenever and wherever any inconsistency arises.

56. In view of above it is proposed that we may intimate Government of Sindh

that Sacked employees absorption / Adjustment can not be challenged in any Court of Law.
Hence the officer is an employee of the Sindh Govt. They may proceed further accordingly.

(Muhammad Nadeem Mujahid)

Section Officer
(RB-I)
DS(RB)
 -9-

41 Reference Paras 32-39/N onwards recall the case Mr. Tahir Abbas (late),
LDC (BS-07) re-instated Sacked employee was absorbed in Pakistan Mint, Lahore,
w.e.f. 30-09-2015. However, the said official was not accepted by that Department. The said
official has expired on 15-04-2016. The widow of the deceased has requested for payments
under the Prime Minister’s Assistance Package as according to her he has not drawn a
single salary from Pakistan Mint, Lahore, therefore, he continues to be on the strength of
Establishment Division.

42. In view of above, Section Officer Cash is requested to confirm whether the
above said employee is on the payroll of this Division and if so upto which date he has
drawn the salary etc from this Division. An early action is requested to be taken, please.

(Iftikhar Hussain
Khan)
Section Officer
(RB-II)
SO(Cash)
 :3:

13 Reference FR (P-80/C) and para-8/N onwards.

14. Briefly, Mr. Nawab Ali Bhurgri was an Assistant in defunct Peoples Works
Programme. He was re-instated into service w.e.f. 09-02-2011 in terms of Section 6 of SER
Act, 2010 (P-9/C). The service of the official were placed at he disposal of Wafaqi Mohtasib
(Ombudsman)’s Secretariat, Islamabad for adjustment/posting against vacant post of
Assistant (BS-14) on permanent basis w.e.f. 11-05-2015 (P-75/C).

15. Mr. Bhurgri has now requested for counting of his previous service. Brief
history of said official’s previous service is as under:

i. 06-06-1989 - Appointed as Accounts Assistant (BS-11) on

temporary Basis (P-81/C).

31-05-1991 - Terminated from service due to wound up to Peoples

Works Programme (P-82/C).

ii. 26-04-1994 - Appointed as Assistant (BS-11) on contract basis for a

period not exceeding two year (P-83/C).

iii. 12-05-1997 - Appointed as Assistant (BS-11) on contract basis for a

period not exceeding one year (P-85/C).

- Terminated from service w.e.f. 21-5-1997 (P-87/C)

iv. 09-02-2011 - Re-instated into service w.e.f. 09-02-2011 in terms of

Section 6 of the SER Act, 2010 till the age of
Superannuation (P-9/C).

He became civil servant after reinstatement under the

provision of SER Act, 2010.

16. The Sacked Employees (Reinstatement) Act enacted on 08-12-2010 “to

provide relief to a person who was appointed as a regular or adhoc employee or on contract
basis or otherwise in service of employer, during the period from the 1st day of
November,1993 to the 30th day of November,1996 (both days inclusive) and was dismissed,
removed or terminated from service or whose contract period was expired or who was
forced golden handshake during the period from the 1st day of Nomber,1996 to the 12 th day
of October, 1999 (both days inclusive);”

17. Contrary to the above provision of SER Act, 2010 Mr. Nawab Ali Bhurgri is
claiming counting of his previous service w.e.f 06-06-1989. The request of the applicant
does not covered under the ibid act. Moreover, Mr. Bhurgri stands adjusted/permanently
absorbed in
Wafaqi Mohtasib (Ombudsman) Secretariat, therefore, he severed all connections with the
Establishment Division (Review Board).

-4-

18. In view of above, the applicant may be informed that his request is not
covered under the SER Act, 2010.
19. Submitted for consideration of Para-1/N onward and approval of proposal at
Para-18/N by Joint Secretary (Admn). Draft letter is put up for approval please.

(Muhammad Aslam
Khan)
Deputy Secretary
(RB)
11-05-2016

DS (RB)
 F. No 1(471)/2011-RB

GOVERNMENT OF PAKISTAN
ESTABLISHMENT DIVISION
(Review Board)
*****

Subject: PERSONAL FILE OF MR. NOOR MUHAMMAD KHAN S/O MIR ALI
KHAN DRIVER (BPS-04), REINSTATED INTO SERVICE UNDER
SER ACT, 2010

FR (100/c) is an application submitted by Mr. Noor Muhammad Khan, Driver

(BS-4) who was re-instated into government service w.e.f 07-03-2011
under SER-Act, 2010 in Establishment Division vide office order No.4/1/2011 (RB) dated
04 June, 2011. (P-7/c).

2. The above official has intimated that he has been declared successful in Hajj
Draw for Hajj-2016, therefore he has requested for issuance of NOC to prepare a Passport
for this purpose.

3. In view of above, it is proposed that the above official may be ssued an NOC
to get issued a Passport to perform Hajj as per DFA, placed below.

4. Approval of Joint Secretary (Admn) is solicited to the proposal contained in

para-3/N above, please.

(Iftikhar Hussain Khan)

Section Officer (RB)
D.S (RB)
 :4:

15 Reference FR (P-70/C), Commission Section has forwarded a Notice of the

Wafaqi Mohtasib, Secretariat Islamabad in case No. WMS-HQR/005146/16 dated 02-05-
2016 regarding delay in grant of pensionary benefits to Mr. Muhammad Bashir S/o Abdul
Rehman a reinstated sacked employee who was adjusted in IESCO Islamabad. The case is
fixed for hearing on 09-5-2016 at 10:00 AM. They have also requested to depute an officer
not below the rank of BS-19 to attend the said hearing.

16. In this regard it is submitted that the official upon re-instatement became a
civil servant and not a re-instated sacked employee. Consequent to his absorption in above
organization, he severs all connections with this Division. Admn Wing may take appropriate
action accordingly.
In this regard a Draft UO is placed below for approval / signatures, please.

(Iftikhar Hussain
Khan)
Section Officer
(RB-II)
05-05-2016

DS (RB)
 :8:

106 Reference FR and reference Para 88/N-onward.

107. It is stated that Mr. Matloob Hussain, Naib Qasid (BS-02), a reinstated
sacked employee stands retired from service on 14-01-2014. He filed a complaint No.
WMS-HQR/ 0014327/15 on 10-12-2015 to the Wafaqi Mohtasib for granting relief i.e.
pension and gratuity etc.

108. The Wafaqi Mohtasib vide order dated 09-02-2016 (P. 86-88/C) advised to
settle the complaint under the law.

109. The Establishment Division invoked Section 14 of Federal Ombudsman

Institutional Reforms Act, 2013 and made representation to President of Pakistan against the
findings of
Wafaqi Mohtasib (Para 16-29/N). The case is fixed for hearing on 05-04-2016 at 10 am in
Wafaqi Mohtasib Secretariat, in which the latter has asked for the reasons of non-
implementation of its order dated 31-12-2015 (P. 87-88/C).

110. The honorable Wafaqi Mohtasib may be informed that Establishment

Division made representation to the President of Pakistan under Section 14 of Federal
Ombudsman Institutional Reforms Act, 2013 and further action would be taken on receipt of
further orders from the President’s Secretariat.

111. Submitted for consideration of Para 106/N-onward and approval of draft

letter addressed to the W.M. Secretariat by Joint Secretary (Admn), please.

(Muhammad Aslam
Khan)
Deputy Secretary
(RB)
04-04-2016

JS (Admn)
 F. No. 1(32)/2011-RB
GOVERNMENT OF PAKISTAN
CABINET SECRETARIAT
ESTABLISHMENT DIVISION
(Review Board)
*****

. Vide FR (P-123/C) Sardar Ali S/o Muhammad Sharif, Assistant Executive

Engineer (Civil) (BS-17) reinstated sacked employee presently on the strength of Review
Board, Establishment Division, has requested to forward the application form for grant of
Educational stipend in respect of his son to EFB&GF, Islamabad. Mr. Zain Safdar passed the
Second Professional MBBS, annual Examination 2015, held in November-December 2015
from University of Health Sciences Lahore, by securing 70% marks. He has also enclosed
the relevant papers.

2 The requisite form is placed below which may kindly be signed by

Joint Secretary (Admn) before it is forwarded to Federal Employee Benevolent and Group
Insurance Fund for further needful action at their end, please.

(Faaiz Aali
Gill)
Section Officer
(RB-II)
DS (RB)
 :23:
92. Vide FR (P-73/C) Mr. Tajammal Hussain Nisar S/o Fazal Muhammad (Officer
Grade-I of UBL) reinstated sacked employee presently on the strength of Review Board,
Establishment Division, has requested to forward the application form for grant of
Educational stipend/expenses incurred on MBA, from NUST University, Islamabad, in
respect of his daughter Ms. Summaiya Nisar as following:

S.No. Semester Date Amount

1 Admission Processing Fee 06-08-2014 105,000/-

and Semester Fee
2 Spring Semester – 2015 03-02-2015 87,400/-

3 Fall Semester – 2015 05-10-2015 97,300/-

Late fee with dues
4. Spring Semester 17-02-2016 88,800/-

93. Joint Secretary (Admn) may kindly sign the application form (F/A) before its
submission to the quarter concerned i.e. FEB&GI Funds, Zero Point, Islamabad.

(Faaiz Aali
Gill)
Section Officer
(RB-II)
DS (RB)
 GOVERNMENT OF PAKISTAN
CABINET SECRETARIAT
ESTABLISHMENT DIVISION
(Review Board)
*****

Subject: Posting / Transfer of Officer Staff in Review Board

For almost two months, the Review Board is working with only one Section
Officer and only one Assistant due to frequent inflow of court cases and also the other cases,
we are facing problems in prompt disposal of official matters for over six months.

2. It is requested that following bare minimum officers / staff may kindly be

immediately transferred and posted in the office of Review Board.

1) Section Officer (RB-I) 01 (Alternatively Mr. Salah-ud-Din AO may be

entrusted with the current charge of the post
of SO in the Review Board)
2) APS for DS (RB) 01
3) Assistant 02
4) Stenotypist 02

(Muhammad Aslam
Khan)
Deputy Secretary
(RB)
JS (Admn)
 :4:
13. Reference para 1 and onwards and orders at para-9-11.

14. It is stated that the DCO Jhang has given no Objection for transfer of services of
Mr. Touqeer Abbas, Driver.

15. Briefly, the above official of defunct Peoples Works Program was reinstated into
service vide Office Order No. 4/1/2011-RB dated 9-3-2011 (F/A). Mr. Touqeer Abbas was
adjusted / posted against a regular vacant post of driver (BS-04) on permanent basis in
Directorate of Malaria control, Ministry of National Health Services Regulation and
Coordination Islamabad, vide Office Order No. 619/2014/RB dated 20-03-2015 (F/B). The
official is however, still in the Establishment Division. The official has now informed (F/C)
that his services were not accepted by Directorate of Malaria Control. The official has also
stated that he had brought this fact into the notice of the then Section Officer (RB).

16. As far as number of such similar cases (where orders were issued by Review
Board for permanent adjustment / absorption of reinstated sacked employees) only the
Railway Board informed that out of 12 sacked employees 8 have joined and four did not
report for joining in the Railway board. Out of these four, one employee has been declared
medically unfit being patient of Schizophrenia as per Railway’s Medical Board. The office
of Review Board has issued memoranda to the three defaulters but of no avail.

17. Foregoing in view, it is proposed that the services of Mr. Touqeer Abbas,
Driver (BS-04) a reinstated sacked employee may be permanently transfer and placed at the
disposal of DCO Jhang in response to No Objection Certificate (FR)

18. Proposal at para-16 is submitted for kind approval of Joint Secretary (Admn)

(Faaiz Aali
Gill)
Section Officer
(RB-II)
DS (RB)
 F. No. 1(274)2011-RB
GOVERNMENT OF PAKISTAN
CABINET SECRETARIAT
ESTABLISHMENT DIVISION
(Review Board)
*****

. Reference FR. (P-80/C)

2. It is stated that the DCO Jhang has given no Objection for transfer of services of
Mr. Sajjad Haider, Driver.

3. Briefly, the above official of defunct Peoples Works Program was reinstated into
service vide Office Order No. 4/1/2011-RB dated 9-3-2011 (F/A). Mr. Sajjad Haider was
adjusted / posted against a regular vacant post of driver (BS-04) on permanent basis in
Directorate of Malaria control, Ministry of National Health Services Regulation and
Coordination Islamabad, vide Office Order No. 619/2014/RB dated 20-03-2015 (F/B). The
official is however, still in the Establishment Division. The official has now informed (F/C)
that his services were not accepted by Directorate of Malaria Control. The official has also
stated that he had brought this fact into the notice of the then Section Officer (RB).

4. As far as number of such similar cases (where orders were issued by Review
Board for permanent adjustment / absorption of reinstated sacked employees) only the
Railway Board informed that out of 12 sacked employees 8 have joined and four did not
report for joining in the Railway board. Out of these four, one employee has been declared
medically unfit being patient of Schizophrenia as per Railway’s Medical Board. The office
of Review Board has issued memoranda to the three defaulters but of no avail.

5. Foregoing in view, it is proposed that the services of Mr. Sajjad Haider, Driver
(BS- 04) a reinstated sacked employee may be permanently transfer and placed at the
disposal of DCO Jhang in response to No Objection Certificate (FR)

6. Proposal at para-16 is submitted for kind approval of Joint Secretary (Admn)

(Faaiz Aali
Gill)
Section Officer
(RB-II)
DS (RB)
 :8:

28. Para 16/N onward refer

29. The matter under consideration is regarding ambiguity on part of Ministry of

Commerce about date of joining of Mr. Barkat Ali Jokhio, ex-Deputy Manager of Cotton
Export Corporation (CEC) renamed as Trading Corporation of Pakistan (TCP).

30. After promulgation of SER Ordinance, 2009, he submitted joining report in TCP
which was not accepted on 30-02-2009 by the department (TCP).

31. Mr. Barkat Submitted application to the Review Board for reinstatement. The
Review Board in its meeting held on 04-02-2010 passed orders for his reinstatement into
service.. The TCP vide orders dated 05-05-2010 reinstated him as Deputy Manager.

32. Ministry of Commerce has requested the Establishment Division that what date
of joining of Mr. Barkat Jokhio should be considered whether 23-02—209 (the date he
himself submitted joining report to TCP). Or 05-05-2010 (the date TCP reinstated him in
compliance of Review Board’ orders).

33. It is submitted in para-19/N that Section 4 of SER Act, 2010 read in conjunction
with Section 6 of SER Act, 2010 clarifying that joining date sacked employee is that when
he is reinstated into service.

34. The Regulation Wing vide para-24/N supported the advice as mentioned in para-
19/N. The Review Board has, however, desired that the matter may also be placed before
member of Review Board from Law & Justice Division for their advice.

35 The member of Review Board from Law & Justice vide para-27/N agreed with
Review Board (as at para-24/N subject to the condition that Chairman, Review Board give it
approved to the said proposal.

36. It is stated that currently, the Review Board is unfunctional.since 14-2-2016 after
the resignation of the than Chairman, Mr. Justice Tariq Pervez due to his appointment as ad
hoc Judge of Supreme Court of Pakistan.

37. In view of above, it is proposed that in light of Law & Division’s advice (para-
27/N). We may wait till appointment of new Chairman for the Review Board and Ministry
of Commerce may be informed accordingly.

38. Submitted for consideration of para-16/N onward and approval of proposal made
at para-37/N by Joint Secretary (A), please. Draft OM to Ministry of Commerce is put up

(Faaiz Aali
Gill)
Section Officer
(RB-II)
DS (RB)
 : 12 :

52. FR is an application (P-123/C) submitted by Mr. Malook Shah, Project Director

(BS-17), reinstated into service w.e.f. 07-03-2011 under Section 6 of SER Act, 2010.

53. The officer has stated in his application that he is going to retire on
superannuation on
14-05-2016 and requested for transfer of his GP fund and previous service documents from
DCO and DAO offices, Kohistan.
54. The documents provided by the officer / available in the file here have been
checked. It would be appropriate to request the officer to approach concerned DCO/DAO
offices for transfer / payment of GP fund and also to provide the following service related
documents in original alongwith two sets duly attested for record and further necessary
action:

S. No. Particular of order / Letter Date of Order / Letter

1 Letter of appointment as Assistant in LG & 15-12-1983
Rural Development Kohistan
2 Letter of appointment as Planning Officer 05-12-1989
In LG & Rural Development, Kohistan (For Six Month on ad hoc basis)
3. Repatriation / charge Relinquishment Report 01-09-1990
to People Works Programe, Peshawar
4. Letter of appointment as Project Director 02-05-1994
M/o LG &Rural Development (People works (For Two years contract)
Programe)
5. Order dated 25-07-1994 as 25-07-1994
mentioned in charge Relinquishment Report
6 Letter of appointment as Project Director 01-08-1994
LG & Rural Development
7. Charge Relinquishment Report as Assistant / 02-08-1994
Accountant from, LG & RD Office
8. Letter of appointment as Project Director (BS- 05-05-1996
17) (One year contract)
LG & RD Office
9. Termination from service as Project Director 21-04-1997
LG &RD Office
10 Repatriation orders to the post of Assistant / 29-04-1997
Accountant on termination as Project Director
(Period from 03-08-1994 to 29-04-1997
treated as EOL)
11 Reinstated under SER Act, 2010 07-04-2011
w.e.f. 07-03-2011

55. Draft letter to Mr. Malook Shah, Project Director on the above, lines is submitted
for approval before issues, please.

(Faaiz Aali
Gill)
 Section Officer
(RB-II)
DS (RB)
 : 02 :

4. Refer PUC
5. Briefly the Review Board in its meeting held on 19-10-2015 (P. 19/C) passed
following orders regarding reinstatement of Mr. Abdul Ghaffar:
“Petitioner was appointed as Dispatcher on 03-10-1994 in OGDCL and remained
on duty until 24-05-1997 without interruption when on 25-05-1997 as per official
record was removed without assigning any reason and without showing any
termination letter but verbally. No employer can remove his employee without
adopting legal course. Since removal was without any inquiry, without any order in
writing, therefore, his dismissal was illegal. We order that the petitioner be
reinstated forthwith from the date he reports to the Managing Director, alon with
copy of this order. He shall not be entitled to any back benefits an seniority.”

6. The above order were conveyed to Mr. Abdul Ghaffar and OGDCL vide letter
dated
01-01-2016 (P-18/C).

7. The OGDCL filed Writ Petition No. 800/2016 Vs Chairman, Sacked employees
Review Board in Islamabad High Court, Islamabad with the pray to declare Review Board’s
above orders to be without jurisdiction.

8. In this regard here arise questions that:

i) As to whether or not Government Department/Corporation etc. under the

Constitution or as per practice can file a Writ Petition in the High Court
against some other Government Department?

ii) Whether the office of Review Board may admit in para-wise comments the
fact regarding receipt of late/time barred application of a sacked employee?

9. Sacked Employee is defined in Section 2 (f) of SER Act, 2010 as under:

“Sacked employee” means-

A person who was appointed as a regular or ad hoc employee or on contract basis or
otherwise in service of employer, during the period from the 1 st day of November,
1993 to the 30th day of November, 1996 (both days inclusive) and was dismissed,
removed or terminated from service or whose contract period was expired or who
was given forced golden hand shake during the period from the 1 st November, 1996
to the 12th day of October, 1999 (both days inclusive)”.

10. Mandate of Review Board is provided in Section 13 as under:

Petition to the Review Board.- (I) A sacked employee, as provided in

Section 11, may within ninety days of the enactment of this Act, prefer a petition to
the Sacked Employees’ Review Board for review of such order of sacked employees
dismissal or removal or termination from service on account of absence from duty or
 misconduct or mis-appropriation of Government money or stock or unfitness on
medical grounds

11. Moreover, Section 13 (8) of SER Act, 2010 provides as under:

“The order of the Sacked Employees’ Review Board passed on the review
petition under sub-section (5) or (6) or the sacked employee stood re-instated
and regularized under sub-section (7) shall be final and shall not be called in
question in any court, Authority or tribunal”.

12. In view of above, the D&L Wing is requested to apprise with its valuable
comments/view etc, enabling the office of Review Board to proceed further in the matter.

13. Submitted with reference to discussion with DS (Lit-I), please.

(Muhammad Aslam
Khan)
Deputy Secretary
(RB)
DS (Lit-I)
 : 02 :
4. Refer PUC
5. Briefly the Review Board in its meeting held on 03-12-2015 passed following
orders (P. 2/C) regarding reinstatement of Mr. M. Anwar:
“Mr. Muhammad Anwar working as Driver in OGDP-II is alleged to left his job
on 01-07-1999. We ask Mr. Haroon Rashid, Chief (H.R), OGDCL, weather the
department has proceeded against the petitioner on his being absent from the
duty by issuing a show cause notice etc. reply was in negative.

It was legal duty of department that they should have proceeded against him in
accordance with law which they did not. The petitioner is reinstated into service
from the date he produce this order to the office of managing Director OGDCL
he shall not claim any back benefits nor seniority. The department is however, at
liberty to proceed against him if so desire for his alleged willful absence”

6. The above orders were conveyed to Mr. M. Anwar and OGDCL vide letter dated
01-01-2016 (P-01/C).

7. The OGDCL filed Writ Petition No. 800/2016 Vs Chairman, Sacked Employees
Review Board in Islamabad High Court, Islamabad with the pray to declare Review Board’s
above orders to be without jurisdiction.

8. In this regard there arise questions that:

iii) As to whether or not Government Department/Corporation etc. under the

Constitution or as per practice can file a Writ Petition in the High Court
against some other Government Department?

iv) Whether the office of Review Board may admit in para-wise comments the
fact regarding receipt of late/time barred application of a sacked employee?

9. Sacked Employee is defined in Section 2 (f) of SER Act, 2010 as under:

“Sacked employee” means-

A person who was appointed as a regular or ad hoc employee or on contract basis or
otherwise in service of employer, during the period from the 1 st day of November,
1993 to the 30th day of November, 1996 (both days inclusive) and was dismissed,
removed or terminated from service or whose contract period was expired or who
was given forced golden hand shake during the period from the 1 st November, 1996
to the 12th day of October, 1999 (both days inclusive)”.

10. Mandate of Review Board is provided in Section 13 as under:

Petition to the Review Board.- (I) A sacked employee, as provided in

Section 11, may within ninety days of the enactment of this Act, prefer a petition to
the Sacked Employees’ Review Board for review of such order of sacked employees
dismissal or removal or termination from service on account of absence from duty or
misconduct or mis-appropriation of Government money or stock or unfitness on
medical grounds
11. Moreover, Section 13 (8) of SER Act, 2010 provides as under:
“The order of the Sacked Employees’ Review Board passed on the review
petition under sub-section (5) or (6) or the sacked employee stood re-instated
and regularized under sub-section (7) shall be final and shall not be called in
question in any court, Authority or tribunal”.

12. In view of above, the D&L Wing is requested to apprise with its valuable
comments/view etc, enabling the office of Review Board to proceed further in the matter.

13. Submitted with reference to discussion with DS (Lit-I), please.

(Muhammad Aslam
Khan)
Deputy Secretary
(RB)
DS (Lit-I)
 Most immediate
Court case
By special messenger

GOVERNMENT OF PAKISTAN
CABINET SECRETARIAT
ESTABLISHMENT DIVISION
(Review Board)
*****
No. 1 (128)/2011-RB Islamabad, 14
March 2016
OFFICE MEMORANDUM

Subject: ABSORPTION OF REINSTATED SACKED EMPLOYEES AGAINST

REGULAR POSTS UNDER REDERAL DIRECTORATE OF EDUCATION,
ISLAMABAD.

The undersigned is directed to refer to Capital Administration & Development Division

(CADD)’s O.M. No. F.3-16/2013-FDE(S), dated 19-02-2016 on the above subject.
2. The queries/questions raised by the referring Ministry and point of view based on SER
Act, 2010 are as under:
S.# Queries Replies
i Most of the reinstated sacked employees have There is no provision/bar under SER Act, 2010 about requisite
lower qualification than required for up-graded qualification (Academic and professional). However, after
posts. Whether those who do not possess the reinstatement and regularization a sacked employee is to be
requisite qualification (Academic & dealt with under Civil Servant Act, and rules made there under.
Professional), can be reinstated and regularized
ii Some of these employees have crossed the age As in above para.
limits at the time of regularization. Whether age
relaxation can be claimed form the competent
authority
iii That the appointing authority for BS-01 to 15 is As per preamble, SER Act, 2010 is an Act, to provide relief to
the Head of Department. Whereas; the gazzeted persons who were appointed in corporation service or
posts meant for direct recruitment quota are to be autonomous or semi-autonomous bodies or in Government
filled through FPSC. Any step taken to adjust these service during the period form 1st day of November 1993 to
reinstated sacked employees on posts falling in the 30th day of November 1999 ( both days inclusive) and were
FPSC’s purview will be a violation of its Act. dismissed removed or terminated from service during the
period from the 1st day of November 1996 to the 12 day of
October 1999 (Both days inclusive).

Section 20 of SER Act, 2010 provides that:

“The provision of this Act shall have effect, notwithstanding
anything to the contrary, contained in any other law, for the
time being in force, or in any judgment of any tribunal or
court including the Supreme Court and High Court.”
Adjustment of sacked employees may be made against
gazzeted posts. The referring Ministry may, if considered
necessary, seek comments/view etc of FPSC.

3. This issues with the approval of Joint Secretary (Admn).

(Faaiz Aali Gill)

 Section Officer (RB-II)
Mr. Naushad Khalique,
Education Officer (Schools),
Capital Administration & Development Division,
Isalamabad.
 -:26:-
106. Reference Para-92/N onward.

107. The file retrieved from the desk of former Mr. Sanaullah, former Section Officer
(RB-I) who has since been processed on deputation.

108. At present 110 sacked employees (both officers and officials) are drawing their
salaries from Establishment Division against Supernumerary post.

109. It is proposed that medical reimbursement claim of Mr. Zia-ur-Rehman, ex-Officer

(BS-19) Grade-I, of UBL, amounting to Rs.165,465 (One Hundred Sixty Five Thousand
Four Hundred and Sixty Five Only) may be forwarded to CADD Division for
verification/scrutiny/approval , please.

110. Submitted for approval of JS (Admn). Approval of Secretary, Establishment Division

will be solicited after receipt of CADD’s reply, please.

(Faaiz Aali
Gill)
Section Officer
(RB-II)
DS (RB)
According to Section 4 of Act ibid provide that: “Sacked Employee”
Re-instatement of employee in service and regularization of employee’s service.
Notwithstanding anything contained in any law, for the time being in force, or any
judgment of any tribunal or any court including the Supreme Court and a High Court
or any terms and conditions of appointment on contract basis or otherwise, all sacked
employee shall be reinstated in service and their service shall be regularized with effect
from the date of enactment of this Act, in manner provided as under, namely-

Earlier the Review Board meeting held on 28-05-2015 decided to obtain opinion of the
Secretary, Finance Division regarding status of HBL’s ex-employees’ Finance Division,
after taking opinion of Law and Jutice Division concluded that case of the petitioner
does not fall within the purview of SER Act, 2010 because HBL stood privatized in
2004 and the said Bank is not controlled /owned by the Federal Governmen

Considering in view of the facts mentioned in preceding paragraphs, the learned High
Court is requested to kindly dispose off the writ petition filed by Mr. Saeed Ahmad
reinstatement in service under SER Act, 2010
 IN THE HIGH COURT OF ISLAMABAD

W.P.NO. 147/2016

Sheikh Saeed Ahmad, Ex-officer Grade-III, HBL, C/o M. Ayub Khan, VP, SME Bank
Ltd, Head Office, 6-F, Sector F-6/1, Nazimuddin Road, Islamabad.

Petitioner
Versus

1) Federation of Pakistan, Through Secretary Establishment Division,

Government of Pakistan, Main Secretariat Constitutional Avenue, Islamabad.

2) The President, Habib Bank Limited, I.I. Chundrigar Road, Karachi..

Respondents
Writ Petition No. 147-2016

PARAWISE COMMENTS ON BEHALF OF RESPONDENT NO. 1

Respectfully sheweth:
PARA NO.
COMMENTS.
FACTS
Para - 1 No comments. Relates to respondent No. 2
Para - 2 As per As per preamble, SER Act, 2010 is an Act, to provide relief to persons who were
appointed in corporation service or autonomous or semi-autonomous bodies or in
Government service during the period form 1st day of November 1993 to the
30th day of November 1999 ( both days inclusive) and were dismissed removed or
terminated from service during the period from the 1 st day of November 1996 to the
12 day of October 1999 (Both days inclusive).

According to Section 2(f) of SER Act, 2010 “Sacked Employee” means:

i. a person who was appointed as a regular or ad hoc employee or on contract
basis or otherwise in service of employer, during the period from the 1 st day
of November, 1993 to the 30th day of November,1996 (both days inclusive)
and was dismissed, removed or terminated from service or whose contract
period was expired or who was given forced golden handshake during the
period from the Ist day of November,1996 to the 12 th day of October, 1999
(both days inclusive);
ii. a person who was appointed as a regular or ad hoc employee or on contract
basis or otherwise or who was a member of the civil service of the
Federation or who held a civil post in connection with affairs of the
 Federation, in a Ministry, Division or department during the period from
the Ist day of November, 1993 to the 30 th day of November,1996 (both days
inclusive) and was dismissed , removed or terminated from service or
whose contract period was expired or who was given forced golden hand
shake during the period from the Ist day of November,1996 to the 12 th day
of October, 1999 (both days inclusive.
iii. a person who was appointed or re-instated in service of employer during the
period from the 1st day of November, 1993 to the 30th day of
November,1996 (both days inclusive) and who was subsequently dismissed
or removed or terminated from service during period from the Ist day of
November,1996 to the 12th day of October, 1999 (both days inclusive) or
who was intermittently dismissed , removed or terminated from service
from time to time and re-instated through subsequent order or judgment of
any tribunal or any court including the Supreme Court or a High Court or
through any administrative order or through withdrawal of any order
conveying dismissal, removal or termination or by any other way on any
date after the Ist day of November,1996;

iv. a person who was appointed during the period from the 1st day of
November, 1993 to the 30th day of November,1996 (both days inclusive)
and dismissed, removed or terminated from Government or corporation
service on any charges or allegations during or after the period from service
the Ist day of November,1996 to the 12th day of October, 1999 (both days
inclusive), whether re-instated or taken back into service or not on orders of
any tribunal or court including the Supreme Court or a High Court or any
other authority;

v. a person who was appointed or re-instated in service of employer during

the period from the 1st day of November, 1993 to the 30th day of
November,1996 (both days inclusive) and dismissed or removed or
terminated or dissociated or was discontinued from service on account of
closure of his or her employer or office or organization, irrespective of the
fact that whether a letter or notification or anything in writing for sacked
employee’s dismissal or removal or termination or dissociation or
discontinuation of service was issued or not or the status of sacked
employee’s service was turned inactive or otherwise; and

vi. a person who was appointed or re-instated in service of employer during the
period from the 1st day of November, 1993 to the 30th day of November,
1996 (both days inclusive) and dismissed, removed or terminated from
service of employer on account of absence from duty, misconduct,
misappropriation of Government money or stock, or unfitness on medical
grounds;

The date of initial appointment of the petitioner was 01-10-1976. He was

terminated from service in 1993 and reinstated w.e.f. 15-11-1994 by his department
and his services were again terminated w.e.f. 18-11-1994.

As he was initially appointed w.e.f. 01-10-1976 therefore, his case does not
fall under the definition of “Sacked Employee under Section 2 (f) of SER Act,
2010.
Para - 3 Denied. The composition of the Sacked Employees’ Review Board as per
definition under Section 12 of SER Act, 2010 is:

Establishment of Sacked Employees’ Review Board.-

(1) There is hereby established a Sacked Employees’ Review Board consisting of

five members including a Joint Secretary or any other officer equivalent to Joint
Secretary or a BPS-20 officer from-
(i) Establishment Division;
(ii) Ministry of Law and Justice;
(iii) Ministry of Finance; and
(iv) the Ministry under which the sacked employee or his employer was
working on the day of enactment of this Act,

and as its head a Chairman, who shall be a person who is a retired Judge of the
Supreme Court or of a High Court and appointed by the Federal Government to
review the cases of sacked employees as provided in Section 11.

(2) The Chairman of the Sacked Employees’ Review Board shall be appointed on
full time basis, who shall hold office till the time none of the petitions
remains pending.

No forum / Committee etc. other than the Sacked Employees’ Review Board
and Secretary Establishment is empowered to exercise the jurisdiction and authority
of the SER Act, 2010.

The case of petitioner was duly considered by the Review Board in its
meeting held 28-05-2015 and passed order that:

“After hearing the petitioner in detail. It appears that when Review Board
was nonfunctional his case was taken up by Sub-Committee of the
Cabinet who order directing the Establishment Division to reinstatement
him. The Establishment Division instead of reinstating him, re-directed
the petitioner to appear before the Review board as by that time the
Review Board has become functional. Today no one from the HBL is
present they have sent a fax letter addressed to Section Officer
(Mr. Muhammad Younas) declining to send their representative on the
ground that HBL has become a Private Limited Company since
05-03-2004 AND THERFORE, THE PROVISION OF Sacked employees
(Reinstatement) Ac, 2010 are in-applicable to their case let opinion be
solicited from, the Secretary. Finance Division regarding as status of
HBL ex-employees because if petitioner is ordered to reinstated HBL will
be legally obliged to reinstate him”.
 In the said meeting, opinion was solicited from Secretary Finance
Division regarding status of HBL. Finance Division vide O.M dated 19-09-2015
gave opinion that case of petitioner does not fall within purview of SER Act, 2010,
because HBL stood privatized in 2004 and the said Bank is not controlled /owned
by Federal Government (Annex-I).
Para - 4 Denied. During the proceedings of Cabinet Sub-Committee meeting held on
13 December 2012, the Establishment Division informed the Cabinet
Sub-Committee that Sheikh Saeed Ahmad, Officer Grade-III of Habib Bank
Limited was appointed on 1-10-1976, terminated on 18-01-1993, later re-instated
on 15-1-1994 and again terminated on 18-01-1997, has applied for his
reinstatement to the Review Board established under the provisions of Sacked
Employees (Re-instatement) Act, 2010 as his case falls under the category of the
employees to be heard by the Review Board being terminated lastly under the
charges of absence from duty for 16-17 days. However, the then Chairman Review
Board Mr. Justice (Retired) Faqir Muhammad Khokhar, in the mean time was
appointed Chairman Competition Commission and the post of Chairman, Review
Board was continuously vacant for many months and the case was still pending.

It was also informed to the Cabinet Sub Committee by the Establishment

Division that one of the employees of the Pakistan Institute of Medical Sciences
(PIMS) Islamabad (Children Hospital) was terminated from the service on
14-4-1998 on the charge of absence from duty for a small period, and under the
Sacked Employees (Re-Instatement) Act, 2010 the employees whose services were
terminated during November 1996 to October 1999 are to be reinstated having the
spirit that the employees terminated during this period were perhaps the political
victim, therefore, this employee is also required to be considered
for re-instatement as a sympathetic case

The Cabinet Sub-Committee discussed the case of reinstatement of Sheikh

Saeed Ahmad and in view of the absence of the Chairman, Review Board and
provision of Section 6 (d) of the Sacked Employees (Re-instatement) Act, 2010,
approved the case of re-instatement of the services of Sheikh Saeed Ahmad
ex-Officer Grade-III and directed the Establishment Division to reinstate him
keeping in view Section 6 (a) of the Sacked Employee (Re-instatement) Act, 2010.
(Annex-II )
 It is stated that any forum / Committee etc. other than the Sacked
Employees’ Review Board and Secretary Establishment Established under
SER Act, 2010 is not empowered to exercise the jurisdiction and authority of the
SER Act, 2010.
Para - 5 Agreed to the extent that the Review Board in its meeting held on 19-10-
2015 considered petitioner’s request for reinstatement in the service and passed
order as under:

“There is an order by Cabinet Sub-Committee wherein case of the

petitioner was approved for reinstatement under Section 6(a) of Sacked
Employees (Reinstatement) Act, 2010 with the direction to the Secretary,
Establishment Division to reinstate the petitioner in terms of Section 6 (d).
Petitioner stats that despite this order he has not been reinstated. He is
better advised to approach the court of law seeking implementation of
order, Stand disposed off. (meeting held on 19 October2015).”
(Annex-III)
Para - 6 No Comments
Para - 7 As in para-3

Grounds

A. Denied. Petitioner was appointed w.e.f. 01-10-1976. His case does not fall under the
definition of “sacked employee ” provided under Section 2(f) of the SER Act, 2010.

B. Section 6 (a) of SER Act 2010, Provides that:

“The Secretary Establishment Division shall be treated as the employer of the sacked
employee for purpose of section 3, who shall, within fifteen days of application filed
by the sacked employee under section 3, re-instated the sacked employee or shall
take him back in service if the sacked employee’s employer was closed, disbanded or
wound up irrespective of the fact that whether letter or notification was issued for
service status of the sacked employee and shall adjust, absorb and regularize the
sacked employee in service of the Federal Government in case of employer of the
sacked employee was a Ministry or Division or a Government department or any
organization not being autonomous or semi-autonomous organization, and shall
adjust, absorb and regularize the sacked employee in service of any autonomous or
semi-autonomous organization, where employer of the sacked employee was an
autonomous or semi-autonomous organization, with effect from the date of
enactment of this Act.

Employer is defined in Section 2 (d) of SER Act, 2010 which provides that:
“Employer means that Federal Government or any Ministry or Division or
Department of the Federal Government or a Corporation or Organization or
Autonomous or Semi-Autonomous body established by or under a Federal law or
owned are controlled by the
Federal Government”
 In the instant case, HBL stood privatized in 2004. Review Board in its meeting held
on
28-05-2015 decided to consult Finance Secretary regarding status of HBL. Finance
Division consulted Law and Justice Division and the latter give opinion that HBL
was privatized in 2004 therefore, it was not owned or controlled by the Federal
Government on the commencement of SER Act, 2010. Therefore, the case of Sheikh
Saeed Ahmad does not fall within the purview of SER Act, 2010.

C. Denied.
a) Privatization Commission vide its letter dated 15 May 2012 informed that
UBL prior to its Privatization was owned and/or controlled by Government of
Pakistan through State Bank of Pakistan and other nominees (Annex IV).

b) The Law and Justice Division gave opinion that Section 6 of Sacked
Employees
(Re-instatement) Act, 2010 is applicable in this case and under Section 6 (a)
the Secretary, Establishment Division being the employer of the Sacked
Employees, can entertain and re-instate such employees in accordance with
law (Annex-V).

c) Secretary Establishment Division being employer in terms of Section 6,

Section 4(e)(i) and 4(e)(ii) of SER Act, 2010 reinstated into service sacked
employees of defunct UBL.

D. The Authority regarding reinstatement in service of any sacked employee vests only
in The Review Board and Secretary Establishment under SER Act, 2010. Any forum
or Committee other than Review Board and Secretary Establishment is corum non-
Judice under SER Act 2010.

E. The Cabinet Sub-Committee passed order:

“The Cabinet Sub-Committee discussed the case of reinstatement of Sh. Saeed
Ahmed and in view of the absence of the Chairman, Review Board and Provision of
Section 6(d) of the sacked Employees (Reinstatement) Act, 2010, approved the case
of reinstatement of the services of
Sh. Saeed Ahmed ex-Officer Grade-III (PA No. 2624123 HBL) and directed to
Establishment Division to reinstated him keeping in view Section 6(a) of the Sacked
employees (Reinstatement) Ac, 2010.

The Cabinet Sub Committee took decision when the Review Board was
nonfunctional. The Review Board disposed off Mr. Saeed’s petition with the advice
that he may better approach the Court of Law for seeking implementation of order
i.e. passed by Cabinet Sub Committee.

The Review Board passed orders:

“After hearing the petitioner in detail. It appears that when Review Board was non-
functional his case was taken up by Sub-Committee of the Cabinet who order
directing the Establishment Division to reinstatement him. The Establishment
Division instead of reinstating him,
re-directed the petitioner to appear before ht e Review Board as by the time the
 Review Board has became functional. Today no one from the HBL is present they
have sent a fax letter addressed to Section Officer (Mr. Muhamad Younas) declining
to sent their representative on the ground that HBL has become a Private Limited
Company since 5-3-2004 and therefore, the provision of Sacked Employees
(Reinstatement) Act, 2010 are in-applicable to their case lot opinion be solicited from
the Secretary, Finance Division regarding as status of HBL
ex-employees because if petitioner is ordered to reinstated HBL will be legally
obliged to reinstate him (meeting held on 28 May 2015).
“There is an order by Cabinet Sub-Committee wherein case of the petitioner was
approved for reinstatement under Section 6(a) of Sacked Employees (Reinstatement)
Act, 2010 with the direction to the Secretary, Establishment Division to reinstate the
petitioner in terms of Section 6(d). Petitioner stats that despite this order he has not
been reinstated. He is better advised to approach the court of law seeking
implementation of order, Stand disposed off.
(meeting held on 19 October2015).
The Review Board never passed an order for reinstatement in service of the
petitioner.

Prayer:

In light of above, it is respectfully prayed that:

a. Instant Writ Petition may kindly be dismissed/disposed off as Review Board
though considered twice petitioner’s request for reinstatement in service but
never passed order for his reinstatement.
b. Section 13(8) of SER Act, 2010 provides that:
“The order of the Sacked Employees’ Review Board passed on the review
petition under
sub-section (5) or (6) or the sacked employee stood re-instated and regularized
under
sub-section (7) shall be final and shall not be called in question in any court,
Authority or tribunal”.
c. As in Para A & B above
d. As in Para A & B above
e. No Comments.

On behalf of Respondent No. 1

 IN THE ISLAMABAD HIGH COURT, ISLAMABAD.

W.PNo. 2190/15

1- Syed Tasawar Hussain son of Syed Gada Hussain resident of Mian Chambers, 3-
Temple Road, Lahore.
2- Safdar Ali son of Muhammad Sharif resident of House No.106, Masjid Wali,
Mohallah Imtiazabad, Sargodha;
3- Muhammad Naeem son of Muhammad Ameer Kazi resident of House No.8
Block No.5, Dera Ghazi Khan.

Petitioner

VERSUS

1- Federal of Pakistan, Establishment Division, Cabinet Secretariat through its

Secretary, Islamabad.
2- Ministry of Law, Justice & Human Rights through its Secretary, Islamabad
3- Deputy Secretary, Review Board, Establishment Division, Islamabad.

Paras Comments

Para-1 No Comments
Para-2 Admitted that petitioners were erroneously reinstated one scale higher in
BS-18.
Para-3 Admitted to the extent that Section 15 of SER Act, 2010 deals with
creation of Supernumerary post to accommodate the sacked employees
reinstated under this Act.
Para-4 Denied. Section 4(b) of SER Act, 2010 provides:

“A sacked employee appointed on contract basis against a regular or a

temporary post and dismissed, removed or terminated from service
before or after expiry of the contract period and whether or not he was
again appointed and allowed to complete the period of contract,
irrespective of the fact that whether a letter or notification for dismissal,
removal or termination of the sacked employee’s service or expiry of the
contract was issued or not, shall be re-instated and regularized against a
regular post of the same scale, grade, cadre, group, post or designation,
whatever the case may be, in regular service of the employer”.
The petitioners being contract employees were required to be reinstated
in the same scale but were erroneously granted one scale higher which is
legally not protected. Therefore, the notification issued after consulting
Law & Justice Division vide No.3-3/2011-Admn-I dated 13-3-2012 was
withdrawn abinitio. (Flag-A)
Para-5 Admitted.
Para-6 No Comments.
GROUNDS
i. As in para 4 above.
ii. As in para 4 above.
iii. As in para 4 above
iv. Denied. In the instant writ petition claim of the petitioners is not valid in
the eye law.
v. Denied. Section 6 of SER Act, 2010 provides.

“ Sacked employees removed from service on account of closure of

employer organization.-
In cases where sacked employee was dismissed or removed or terminated
from service or his or her service was discontinued or held in abeyance
due to closure or disbandment or winding up of the employer’s office,
organization or institution, whatever the case may be or whose employer
organization ceased t exist on or before the 13 th day of February, 2009,
whether or not, any type of notification in writing was issued or served
on the sacked employee, for his dismissal removal or termination or
discontinuation of his service or for his service held in abeyance, shall be
re-instated or taken back in service and absorbed and regularized in
service of the employer in the manner provided as under, namely:-

(a) The Secretary, Establishment Division shall be treated as the

employer of the sacked employee for purpose of section 3, who
shall , within fifteen days of application filed by the sacked
employee under section3, re-instate the sacked employee or
shall take him back in service if the sacked employee’s
employer was closed, disbanded or woundup irrespective of
the fact that whether letter or notification was issued for
service status of the sacked employee and shall adjust, absorb
and regularize the sacked employee in service of the Federal
Government in case of employer of the sacked employee was a
Ministry or Division or a Government department or any
organization not being autonomous or semi-autonomous
organization, and shall adjust, absorb and regularize the
sacked employee in service of any autonomous or semi
autonomous organization, where employer of the sacked
employee was an autonomous or semi-autonomous
organization, with effect from the date of enactment of this Act;
(b) The sacked employee shall be placed at the bottom of the
seniority list, effective as on the date of enactment of this Act,
for the scale, grade, cadre, post, group or designation,
whatever the case may be, of the employer including any
Ministry or Division or department or office or autonomous
semi-autonomous organization, where his services are placed;
(c) Where no separate cadre or seniority list is available for
employees of a certain Ministry or Division or department, the
Secretary, Establishment Division shall take the sacked
employee into service and re-instate and regularize him in
service at the bottom of the seniority list of the Establishment
Division on the date of enactment of this Act, and
(d) In cases where the Secretary, Establishment Division fails to
re instate or regularize the sacked employee, within fifteen
days of application filed under section 3, the sacked employee
shall stand re-instated and regularized in regular strength of
the Establishment Division with effect from the date of
 enactment of this Act, irrespective of the employer of sacked
employee, whether or not, was any autonomous or semi-
autonomous organization.

Section-11 of SER Act, 2010.

“A sacked employee dismissed, removed or terminated from service

on account of absence from duty or misconduct or mis-appropriation
of Government money or stock or unfitness on medical ground.- A
sacked employee, who was dismissed or removed or terminated from
service on account of absence from duty or misconduct or any form of
mis-appropriation of Government money or stock or his unfitness on
medical grounds, may prefer a petition to the Sacked Employee’s Review
Board as provided in Section 13”.
The Review Board is only competent to decide the cases of Sacked
Employees which fall under the criteria envisaged in Section 11. In rest
of the cases, Secretary Establishment Division is Competent Authority as
laid down in Section 6 mentioned above. Thus, the notification of the
petitioners was issued by Competent Authority.
vi. Denied. As in Para-V above.
vii As in Para-4 above
viii. No Comments
Para-7 Denied. The petitioners are now Civil Servants after reinstatement in
service thus, the Honorable High Court may dismiss the instant writ
petition being corum non-judice.

Prayer.

In view of the above the Honourable Court is requested:-

a) To dismiss the instant writ petition as it is corum non judice.

b) As in para (a) above
c) As in para (a) above
d) As in para (a) above
e) As in para (a) above

On behalf of respondent No.1 & 3.

 GOVERNMENT OF PAKISTAN
CABINET SECRETARIAT
ESTABLISHMENT DIVISION
*****
No. F. 1(523)/2012-RB Islamabad, 10 February
2016
OFFICE MEMORANDUM

Subject: REINSTAEMENT IN SERVICE UNDER SER ACT, 2010

The undersigned is directed to refer to M/o Commerce Office Memorandum
No. 7(62)/2015-Admn-I dated 31 December 2015 regarding objections raised by FA's
Organization in respect of Mr. Fiaz Hussain Bhatti, Officer Grade-II (equivalent to BS-17)
of defunct UBL who was reinstated into service w.e.f. 03-01-2011 in terms of Section 6,
Section 4 (e) (i) and 4 (e) (ii) of the Sacked Employees (Reinstatement) Act, 2010 and later
granted BS-18 (one step higher scale) by the Establishment Division.
2. The queries raised by the FA's Organization and replies thereto are as under:
S.# Queries Replies/ Clarification
1. In violation of the provision of the Section a) Privatization Commission vide its letter dated
6 of the Sacked Employee (Reinstatement 15 May 2012 informed that UBL prior to its
Ordinance), 2009 the above said officer privatization was owned and/or controlled by
reinstated in service on 03-01-2011 as the Government of Pakistan through State Bank of
United Bank Limited do not fall under the Pakistan and other nominees (copy attached);
definition of Corporation Service, b) The services of Mr. Fiaz Hussain Bhatti, Officer
Autonomous or Semi-Autonomous Body Grade-II (equivalent to BS-17) of UBL were
or in Government Service. Furthermore, terminated w.e.f. 10 October 1997 under a
his services were terminated during the “Retrenchment Scheme”(copy attached);
period November, 1993 to the 30th
November, 1996 (mentioned in the c) The Law & Justice Division gave opinion that
reinstatement ordinance 2009) as there is Section 6 of Sacked Employees Re-instatement Act,
no order/date of his termination of services 2010 is applicable in this case and under Section 6
is available in the record to take how and (a) the Secretary, Establishment Division, being the
why his service were terminated. employer of the Sacked Employees, can entertain
and re-instate such employees in accordance with
law (copy attached);
In view of above, reinstatement in service of the
officers is in accordance with the provisions made in
SER Act, 2010.
2. As per notification of Establishment Relates to M/o Commerce which may provide
Division dated 31-08-2015 (Refer page copies of relevant information/documents etc. to the
13/C) the above named officer reinstated FA’s Organization.
into service on 03-01-2011 (copy not
available in the record) and assumed the
charge of the post of officer Grade-II (BS-
18) in Establishment Division on 03-01-
2011. The file is completely silent
regarding the service record of the officer
for the period 03-01-2011 to
31-8-2015.
3. As per notification of Establishment Pursuant to Section 4 (a) of SER Act, 2010,
 Division (Refer page 12/cor) the above Mr. Fiaz Hussain Bhatti, Officer Grade-II
said officer Grade-II equivalent to BS-17 (equivalent to BS-17) a re-instated sacked employee
reinstated sacked employee of defunct of defunct UBL, is granted BS-18 (One Step Higher
United Bank Limited (UBL) was granted Scale) w.e.f. 03-01-2011, the date of his
BS-18 (one step higher scale) w.e.f re-instatement into service (copy attached);
03-01-2011, the date of his reinstatement
in service.
4. For the sake of arguments, if the sacked a) The competent authority i.e. Secretary,
employees of the UBL comes under the Establishment Division reinstated Mr. Bhatti into
provision of the Sacked Employees service w.e.f.. 03-01-2011 in terms of Section 6,
(Reinstatement) Act, 2009, and his Section 4 (e) (i) and 4 (e) (ii) of the SER Act, 2010.
services was accordingly reinstated than b) Ministry of Law & Justice vide its O.M No.
HOW COME the above said officer joined 9(3)/2011-Coord dated 12-07-2012 informed the
the services in the Establishment Division Establishment Division that at the time of
as per rules he has to report back to his termination of their services, the United Bank
parent organization i.e UBL and it is not Limited was owned and/or controlled by
DEFUNCT FINANCIAL INSTITUTION
AND IS FUNCTIONING THROUGHOUT
Government of Pakistan through State Bank of
PAKISTAN AS WELL AS ABROAD. Pakistan and later on was privatized on 19 th October,
2002, therefore, Section 6 of Sacked Employees
(Re-instatement) Act, 2010 is applicable in this case
and under Section 6 (a) the Secretary, Establishment
Division, being the employer of the Sacked
Employees, can entertain and re-instate such
employees in accordance with law.
5. Upon the position referred to above there The competent authority i.e. Secretary,
is no question of the creation of the Establishment Division granted BS-18 (one step
supernumerary post (BS-18) for the above higher scale) to the officer under Section 4 (a) of
said officer in Ministry of Commerce. SER Act, 2010.
6. In addition to the above, FA’s a) The competent authority i.e. Secretary,
Organization is of the view that the Establishment Division reinstated Mr. Bhatti into
reinstatement case of Mr. Fiaz Hussain service w.e.f.. 03-01-2011 in terms of Section 6,
Bhatti under the provision of reinstatement Section 4 (e) (i) and 4 (e) (ii) of the SER Act, 2010
ordinance 2009 may be referred back to and in accordance with advice given by Law &
Review Board, Establishment Division to Justice Division.
re-examine the case ab-initio for further
action, please.
3. In view of above, it is informed that Mr. Fiaz Hussain Bhatti was adjusted
/posted in Ministry of Commerce against a regular reported vacant post of Statistical Officer
(BS-17) on permanent basis. The grant of one step higher scale BS-18 to the officer is
covered under Section 4 (a) of SER Act, 2010. As regards placing of his case before the
Review Board to reexamine ab initio, it is informed that the officer was reinstated into
service by the competent authority i.e. Secretary, Establishment Division in terms of Section
6, Section 4 (e) (i) and 4 (e) (ii) of SER Act, 2010 and in accordance with advice given by
Law & Justice Division.. The referring Ministry may, however, consult Law and justice
Division for further clarification, if so desired.
4. This issues with the approval of competent authority.

(Sanaullah Mallah)
Section Officer (RB-I)
Ministry of Commerce,
(Mr. Ataullah),
Director (HR & CP),
Islamabad
93. Reference PUC.
94 Briefly, case is that Mr. Fiaz Hussain Bhatti, OG-II, Ex UBL Officer was
reinstated into service w.e.f. 03-01-2011 by the Establishment Division in pursuance of
Section 6 of the SER Act, 2010 (Page-21/C).

95. The services of the officer were placed from 16-04-2015 at the disposal of
Ministry of Commerce, Islamabad for adjustment/posting against a regular vacant post of
Statistical Officer (BS-17) on permanent basis (Page 37/C). He accordingly assumed charge
of the post of Statistical Officer (BS-17) in Ministry of Commerce on 23-04-2015 on
permanent basis (Page-39-40/C). Later, pursuant to Section 4 (a) of the SER Act, 2010 he
was granted BS-18 (one step higher) by the Establishment Division w.e.f 03-01-2011, the
date of his reinstatement into service (Page-110/C).

96 Ministry of Commerce has now informed (Page-107/C (PUC) that it approached

to Finance Division (FA’s Organization for creation of supernumerary post of Statistical
Office (BS-18) w.e.f. 23-04-2015, the date he was granted BS-18. The FA’s Organization is
of the view that reinstatement case of Mr. Fiaz Hussain Bhatti under the Reinstatement
Ordinance may be referred back to Review Board to re-examine the case ab-initio for
further action (Page-113/C).

97. In this regard, the queries raised by FA’s Organization vide note dated 18-12-2015
(Page-113/C) and our replies are as under:

S.# Queries Replies/ Clarification

1. In violation of the provision of the
Section 6 of the Sacked Employee
(Reinstatement Ordinance), 2009 the
above said officer reinstated in service
on 03-01-2011 as the United Bank
Limited do not fall under the definition
of Corporation Service, Autonomous or
Semi-Autonomous Body or in
Government Service. Furthermore, his
services were terminated during the
period November, 1993 to the 30th
November, 1996 (mentioned in the
reinstatement ordinance 2009) as there is
no order/date of his termination of
services is available in the record to take
how and why his service were
terminated.
a) Privatization Commission vide its letter dated
15 May 2012 (P-115/C) informed that UBL prior
to its privatization was owned and/or controlled
by Government of Pakistan through State Bank of
Pakistan and other nominees;
c) The Services of the following Employees of
UBL were terminated w.e.f. 11 October, 1997
under a “Retrenchment Scheme” (Page-2/C):
1) Mr. Riaz Ahmed Shaikh, Officer Grade-II
2) Mr. Mohammad Khalil, Officer Grade-II
3) Mr. Saif Ullah Butt, Officer Grade-II
4) Mr. Zia-ur-Rehman, Officer Grade-I
5) Mr. Mohammad Ismail, Officer Grade-II
6) Mr. Fiaz Hussain Bhatti, Officer Grade-II
7) Mr. Ishtiaq Ahmed, Officer Grade-II
8) Mr. Liaquat Ali, Officer Grade-III
9) Mr. Faqir Muhammad, Officer Grade-III
10) Mr.Tajammal Hussain Nisar, Officer Grade-I

c) The Law & Justice Division also gave opinion

that Section 6 of Sacked Employees
Re-instatement Act, 2010 is applicable in this
case and under Section 6 (a) the Secretary,
 Establishment Division, being the employer of
the Sacked Employees, can entertain and
re-instate such employees in accordance with law
(Page-116/C)

In view of above, reinstatement in service of 10x

officers of UBL (including Mr. Fiaz Hussain
Bhatti, Officer Grade-II (equivalent to BS-17)) is
in accordance with the provisions made in
SER Act, 2010
2. As per notification of Establishment Relates to M/o Commerce which may provide
Division dated 31-08-2015 ( Refer page copies of relevant information/documents etc. to
13/C) the above named officer reinstated the FA’s Organization.
into service on 03-01-2011 (copy not
available in the record) and assumed the
charge of the post of officer Grade-II
(BS-18) in Establishment Division on
03-01-2011. The file is completely silent
regarding the service record of the
officer for the period 03-01-2011 to
31-8-2015.
3. As per notification of Establishment Pursuant to section 4 (a) of SER Act, 2010,
Division (Refer page 12/cor) the above Mr. Faiz Hussain Bhatti, Officer Grade-II
said officer Grade-II equivalent to BS- (equivalent to BS-17) a re-instated Sacked
17 reinstated sacked employee of Employee of defunct United Bank Limited
defunct United Bank Limited (UBL) was (UBL), is granted BS-18 (One Step Higher Scale)
granted BS-18 (one step higher scale) w.e.f. 03-01-2011, the date of his
w.e.f 03-01-2011, the date of his Re-instatement into service (Pge-110/C).
reinstatement in service.
4. For the sake of arguments, if the sacked a) Mr. Bhatti was reinstated into service
employees of the UBL comes under the w.e.f.. 03-01-2011 in terms of Section 6, Section
provision of the Sacked Employees 4 (e) (i) and 4 (e) (ii) of the SER Act, 2010.
(Reinstatement) Act, 2009, and his
services was accordingly reinstated than b) Ministry of Law & Justice vide its O.M No.
HOW COME the above said officer 9(3)/2011-Coord dated 12-07-2012 (P-116/C)
joined the services in the Establishment informed the Establishment Division that at the
Division as per rules he has to report time of termination of their services, the United
back to his parent organization i.e UBL Bank Limited was owned and/or controlled by
and it is not DEFUNCT FINANCIAL Government of Pakistan through State Bank of
INSTITUTION AND IS Pakistan and later on was privatized on 19th
FUNCTIONING THROUGHOUT October, 2002, therefore, Section 6 of Sacked
PAKISTAN AS WELL ABROAD. Employees (Re-instatement) Act, 2010 is
applicable in this case and under Section 6 (a) the
Secretary, Establishment Division, being the
employer of the Sacked Employees, can entertain
and re-instate such employees in accordance with
law.
5. Upon the position referred to above there Grant of BS-18 (on Step higher Scale) is only for
is no question of the creation of the financial benefit under Section 4 (a) of SER Act,
supernumerary post (BS-18) for the 2010. There is no change in substantive scale of
above said officer in Ministry of the officer, therefore, there appears no need of
 Commerce.
6. In addition to the above , FA’s
Organization is of the view that the
reinstatement case of Mr. Fiaz Hussain
Bhatti under the provision of
reinstatement ordinance 2009 may be
referred back to Review Board,
Establishment Division to re-examine
the case ab-initio for further action,
please.
creation of a supernumerary post in BS-18.
a) Reinstatement of 10x Sacked officers of UBL
is in accordance with Section 6 of the SER Act,
2010.
b) Law & Justice Division also gave opinion that
Section 6 of Sacked Employees (Re-instatement)
Act, 2010 is applicable in this case and under
Section 6 (a) the Secretary, Establishment
Division, being the employer of the Sacked
Employees, can entertain and re-instate such
employees in accordance with law (Page-116/C)

In view of above, there is no need to refer back

the case of Mr. Faiz Hussain Bhatti, Officer
Grade-II (equivalent to BS-17) a re-instated
Sacked Employee of defunct UBL to Review
Board to re-examine ab-initio

98. In view of above it is stated that :

i) The Privatization Commission vide its O.M. dated 15-05-2012 has informed
that UBL prior to its privatization was owned and/or controlled by the
Government of Pakistan through State Bank of Pakistan and other
nominees (P-115/C);

ii) The Ministry of Law and Justice vide their O.M dated 12-07-2012 (Page-
116/C) has confirmed that at the time of termination of their (10x UBL
employees) services, the United Bank Limited was owned and/or controlled
by the Government of Pakistan through State Bank of Pakistan and was later
privatized on 19 October 2002, therefore, Section 6 of Sacked Employees
(Re- instatement) Act, 2010 is applicable in this case and under Section 6
(a) the Secretary, Establishment Division, being the employer of the sacked
employees, can entertain and re-instate such employees in accordance
with law”.

iii) The officer was reinstated into service by The Establishment Division
pursuant to Section 6, Section 4 (e) (i) and 4 (e) (ii) of the SER Act, 2010
(Page- 33/C).

iv) Reinstated into service of 10x officers of UBL (including Mr. Fiaz Hussain
Bhatti) and grant of one step higher scale BS-18 with the approval of
competent authority is under the provisions of Section 4 (a) of SER Act,
2010.

v) Mr. Fiaz Hussain Bhatti was permanently adjusted in Ministry of Commerce

with the approval of competent authority i.e. Secretary Establishment
Division vide notification
No.6-19/2014-RB dated 16-04-2015 (Page-37/C) against a regular reported
vacant post of Statistical Officer (BS-17).
99.

99. Submitted for consideration of Joint Secretary (Admn) and approval of the proposal
at
para-99/N. A draft O.M. is put up for approval please.

(Sanaullah
Mallah)
Section Officer
(RB-I)
DS (RB)
93. Reference PUC.
94 Briefly, case is that Mr. Fiaz Hussain Bhatti, OG-II, Ex UBL Officer was
reinstated in service w.e.f. 03-01-2011 by the Establishment Division in pursuance of
Section 6 of the SER Act, 2010.

95. The services of the officer were placed from 16-04-2015 at the disposal of
Ministry of Commerce, Islamabad for adjustment/posting against a regular vacant post of
Statistical Officer
(BS-17) on permanent basis (Page 82/C). He accordingly assumed charge of the post of
Statistical Officer (BS-17) in Ministry of Commerce on 23-04-2015 on permanent basis.
Later, pursuant to Section 4(a) of the SER Act, 2010 he was granted BS-18 (one step higher)
by the Establishment Division
w.e.f 03-01-2011, the date of his reinstatement into service. (P /C).

96 Ministry of Commerce has now informed that it approached to Finance Division

(FA’s Organization for creation of supernumerary post of Statistical Officer (BS-18) w.e.f
23-04-2015, the date he was granted BS-18. The FA’s Organization is of the view that
reinstatement case of
Mr. Fiaz Hussain Bhatti under the Reinstatement Ordinance may be referred back to
Review Board to re-examine ab-intio for further action.

97. The queries raised by FA’s Organization vide note dated 18-12-2015 (Page-113/C)
and our replies are as under:

S.No Queries raised by FA’s Organization Replies/ Clarification

1. In violation of the provision of the
Section 6 of the sacked employee
(reinstatement ordinance) 2009 the
above said officer reinstated in service
on 03-01-2011 as the United Bank
Limited do not fall under the definition
of Corporation Service, Autonomous or
Semi-Autonomous Body or in
Government Service. Furthermore, his
services were terminated during the
period November,1993 to the 30th
November,1996 (mentioned in the
reinstatement ordinance 2009) as there
is no order/date of his termination of
services is available in the record to
take how and why his service were
terminated.
a) Privatization Commission vide its
letter dated 15 May 2012 informed that
UBL prior to its privatization was owned
and/ or controlled by Government of
Pakistan through State Bank of Pakistan
and other nominees (P-115/C)
d) The Services of the following
Employees of UBL were terminated
w.e.f. 11 October, 1997 under a
“Retrenchment Scheme”
1) Mr. Riaz Ahmed Shaikh, Officer
Grade-II
2) Mr. Mohammad Khalil, Officer
Grade-II
3) Mr. Saif Ullah Butt, Officer Grade-II
4) Mr. Zia-ur-Rehman, Officer Grade-I
5) Mr. Mohammad Ismail, Officer
Grade-II
6) Mr. Fiaz Hussain Bhatti, Officer
Grade-II
7) Mr. Ishtiaq Ahmed, Officer Grade-II
8) Mr. Liaquat Ali, Officer Grade-III
9) Mr. Faqir Muhammad, Officer Grade-
III
 10) Mr.Tajammal Hussain Nisar, Officer
Grade-I

In view of above position reinstatement in

to service of 10 x officers of UBL
(including
Mr. Faiz Hussain Bhatti, Officer Grade-II
(equivalent BS-17)) is in accordance with
SER Act, 2010
2. As per notification of Establishment Relates to M/o Commerce which may
Division dated 31-08-2015 ( Refer period copies of relevant info/does to the
page 13/C) the above named officer FA’s Organization.
reinstated into service on 03-01-
2011(copy not available in the record)
and assumed the charge of the post of
officer Grade-II (BS-18) in
Establishment Division on 03-01-2011.
The file is completely silent regarding
the service record of the officer for the
period 03-01-2011 to 31-8-2015.
3. As per notification of Establishment Mr. Faiz Hussain Bhatti, Officer Grade-II
Division (Refer page 12/cord) the (equivalent to BS-17) a re-instated
above said officer Grade-II equivalent Sacked Employee of defunct United Bank
to BS-17 reinstated sacked employee of Limited (UBL), is granted BS-18 (One
defunct United Bank Limited (UBL) Step Higher Scale) with w.e.f. 03-01-
was granted BS-18 (one step higher 2011, the date of his
scale) w.e.f 03-01-2011, the dated of Re-instatement into service.
his reinstatement in service.
4. For the sake of arguments,if the sacked Mr. Bhatti was reinstated into service
employees of the UBL comes under the w.e.f.. 03-01-2011 in terms of Section 6,
provision of the sacked employees Section 4(e) (i) and 4(e)(ii) of the SER
reinstatement Act,2010,and his services Act, 2010.
was accordingly reinstated than HOW Ministry of Law & Justice vide its O.M
COME the above said officer joined No. dated 12-07-2012 informed
the services in the Establishment Establishment Division that at the time of
Division as per rules he has to report termination of their services, the United
back to his parent organization i.e UBL Bank Limited was owned and / or
and it is not DEFUNCT FINANCIAL controlled by Government of Pakistan
INSTITUTION AND IS through Stated Bank of Pakistan and later
FUNCTIONING THROUGHT on was privatized on 19th October, 2002,
PAKISTAN AS WELL ABROAD. therefore, Section 6 of Sacked Employees
Re-instatement Act, 2010 is applicable in
this case and under Section 6(a) the
Secretary, Establishment Division, being
the employer of the Sacked Employees,
can entertain and re-instate such
employees in accordance with law (P-
116/C)

5. Upon the position referred to above As Grant of BS-18 (on Step higher Scale)
there is no question of the creation of and there is change in substantive Scale,
 the supernumerary post (BS-18) for the
above said officer in Ministry of
Commerce.
6. In addition to the above , FA’s
Organization is of the view that the
reinstatement ordinance 2009 may be
reffered back to Review Board,
Establishment Division to re-examine
the case ab-initio for further action,
please.
there appears no need creation of a
supernumerary post in BS-18.
Reinstatement of 10 x Sacked officer of
UBL is in accordance with Section 6 of
the SER Act, 2010. Law & Justice
Division also gave opinion that Section 6
of Sacked Employees Re-instatement Act,
2010 is applicable in this case and under
Section 6(a) the Secretary, Establishment
Division, being the employer of the
Sacked Employees, can entertain and re-
instate such employees in accordance
with law (p-116/C)
In view of above, there is absolutely no
need to referred back their cases to RB to
Re-examine ab-initio

In this regard, it is stated that :

i. The Establishment Division already in consultation with Finance Division and
Law & Justice Division withdrew notification regarding grant of BS-18 (one
scale higher to reinstated contractual sacked employees).
ii. The UBL was privatized in terms of Privatization Commission’s Gazette Notification
dated 18-11-2002.
iii. The Privatization Commission vide their O.M. dated 15-05-2012 (P /C) has
intimated that UBL prior to its privatization was owned and/or controlled by the
Government of Pakistan through State Bank of Pakistan and other nominees.

iv. The Ministry of Law and Justice vide their O.M dated 12-07-2012 has confirmed
that at the time of termination of their (10 x UBL employees) services, the United
Bank Limited was owned and/or controlled by the Government of Pakistan
through State Bank of Pakistan and was later privatized on 19 October 2002,
therefore, Section 6 of Sacked Employees Re-instatement Act, 2010 is
applicable in this case and under Section 6(a) the Secretary, Establishment
Division, being the employer of the sacked employees, can entertain and re-
instate such employees in accordance with law”.

v. The officer was reinstated into service by The Establishment Division in pursuant to
Section 6, Section 4(e) (i) and 4 (e) (ii) of the SER Act, 2010.

vi. Reinstated into service 10 x officer of UBL (including Mr. Fiaz Hussain Bhatti) One
scale higher BS-18 on reinstatement into service is granted to Mr. Fiaz Hussain
Bhatti under Section 4 (a) of SER Act, 2010 with the approval of competent
authority.

vii. Mr. Fiaz Hussain Bhatti was permanently adjusted in Ministry of Commerce with the
approval of Secretary Establishment Division vide notification No.6-19/2014-RB

dated 16-04-2015 (P /C) against a regular reported vacant post of Statistical

 Officer (BS-17).

98. In view of above, Ministry of Commerce may be informed that Mr. Fiaz Hussain
Bhatti
was adjusted /posted in Ministry or Commerce against a regular reported vacant post of
Statistical Officer (BS-17) on permanent basis. The grant of one scale higher BS-18 under
Section 4(a) of SER Act, 2010 to the officer is only for the sake of monitory benefits. Since
grant of BS-18 is one scale higher and not “one step higher” (as mentioned by referring
Ministry in O.M. dated 31-12-2015), there is no need to create a supernumerary post and to
place his case before the Review Board.

99. Submitted for consideration of Joint Secretary (Admn) and approval of the proposal
at
para-98/N.

(Sanaullahd
Mallah)
Section Officer
(RB-I)

DS (RB)
 BRIEF
(REVIEW BOARD)

Federal Government enacted Sacked Employees (Reinstatement) Act, 2010 to

provide relief to persons who were appointed in a corporation service or
autonomous bodies or in Government service during the period from the 1 st day of
November, 1993 to the 30th day of November, 1996 (both days inclusive) and were
dismissed removed or terminated from service during the period from the 1 st day of
November, 1996 to the 12th day of October, 1999 (both days inclusive).

2. Section 12 of the Act provides for Establishment of Sacked Employees

Review Board comprising of five members including a Joint Secretary or any other
officer equivalent to Joint Secretary or a BS-20 officer from:-

i) Establishment Division
ii) Ministry of Law and Justice
iii) Ministry of Finance, and
iv) The Ministry under which the Sacked Employees or his employer was
working on the day of enactment of this Act.

The Chairman of the Review Board shall be a person who is a retired Judge
of the Supreme Court or of a High Court appointed by the Federal
Government to review the cases of Sacked Employees under the provisions
of the Act.

3. The number of applications received was 2110 enactment of the SER Act,
2010.

4. Since enactment of the Act, three Review Boards were constituted as under:

a) First Review Board was constituted under the Chairmanship of Justice

® Mir Hazar Khan Khoso which remained functional from 16-03-2009
to 18-08-2010,

b) Second Review Board was constituted under the Chairmanship of

Justice ® Faqir Muhammad Khokhar which remained functional
from16-03-2011 to 31-07-2011;
 c) Third Review Board headed by Justice ® Mehta Kailash Nath
Kohli remained functional from 15-04-2013 to 02-06-2013.

d) Mr. Justice Tariq Parvez, former Judge of the Supreme Court headed
the Review Board from 25-03-2015 till his resignation on 14-12-2015
owing to his appointment as Adhoc Judge of the Supreme Court of
Pakistan.

5. The Review Board under the Chairmanship of Mr. Justice Tariq Parvez had
decided 1550 out of 1715 applications/petitions. There remain only 165 applications
/petitions which are yet to be decided by the Review Board.

6. The office of the Review Board had also adjusted reinstated sacked
employees in various Ministries / Divisions / Departments as under:

Total number of reinstated sacked employees 519

Retired 28

Resigned 06

Deceased 11

Adjusted 363

Remaining unadjusted (BS-17 and above) 36

Remaining unadjusted (BS-01 to BS-15) 75

7. The office of the Review Board also strongly working on adjustment of

remaining 75 unadjusted employees (BS-01 to 15) and 36 (BS-17 and above) in other
Ministries/Divisions/Departments.
51. Reference preceding Para.
52. As mentioned in Para 47/N, the instant case was not received in the office of Review
Board as marked in Para 45/N.
53. The perusal of personal record and documents i.e School Leaving Certificate issued
on 03-01-2015 by Head Master, Government Taleem ul Islam High School, Silakot and
computerized Birth Certificate issued on 19-03-2015 by the Government of Punjab indicats
date of birth of Mr. Muhammad Aslam as 30-12-1958.
54. Contrary to the above, the copy of CNIC issued on 16-04-2015 indicates date of birth
of the official as 26-02-1956.
55. Since, the official himself created confusion regarding his date of birth, fitness of
the case require verification from the concerned authorities i.e Punjab Government,
Government Taleem ul Islam High School, Sialkot, Ministry of Interior (NADRA) and ASC
School, GHQ Rawalpindi (first parent department of Mr. Muhammad Aslam) in this regard.
56. Further necessary action may please be taken and the Wafaqi Mohtasib may be
informed accordingly, if deemed appropriate.

(Muhammad Aslam
Khan)
Deputy Secretary
(RB)
DS (Admn-I)
Government of Pakistan
Cabinet Secretariat
Establishment Division
*****
SUMMARY FOR THE PRESIDENT
Subject: PENSION AND OTHER FINANCIAL BENEFITS TO RE-INSTATED
EMPLOYEES APPOINTED DURING THE PERIOD 1 ST NOVEMBER,
1993 TO 30TH NOVEMBER, 1996 AND SACKED / REMOVED
DURING THE PERIOD 1ST NOVEMBER, 1996 TO 12TH
OCTOBER, 1999.
Sacked Employee (Reinstatement) Act,2010 enacted on 8-12-2010
provides relief to persons who were appointed in a corporation service or
autonomous bodies or in Government service during the period from the 1st
day of November,1993 to the 30th day of November,1996 and were
dismissed, removed or terminated from service during the period from the 1st
day o Nomber,1996 to the 12th day of October, 1999.
2. Re-instated Sacked Employees who have been retired and expired
facing problems for their pension due to the issue of counting of their
Qualifying service for pension.
3. The Establishment Division vide O.M No.4-1(136)2014-RB dated 13-
11-2014 approached Finance Division and Law and Justice Division for
getting clarification regarding admissibility of pension, gratuity etc. to the
sacked employees who were previously working on contract basis in various
departments etc. and reinstated under the Sacked Employees
(Reinstatement) Act, 2010.
4. Finance Division vide O.M. No. F-17(1)Reg-7/2010-439 dated 02-03-
2015, clarified that "employees who are appointed on contract basis during
the period (01-11-1993 to 30-11-1996 and were dismissed, removed,
terminated from service during the period 01-11-1996 to 12-10-1999) their
services would not be counted for pension purpose because contract service
does not count for pension purpose, in terms of Article 361, 365 of CSR.
Moreover, the intervening period would also not count for pension in term of
Article 369 of CSR.”
5. Clarification received from Finance Division was taken up with Law
and Justice Division for their views/comments etc. That Division vide its O.M.
No. F. 3 (11)/2013-Coord dated 06-01-2016 replied that "perusal of the
record, it is stated that this Division has already furnished its legal opinion on
clarification regarding pension, gratuity benefits etc. to the employees
reinstated under the Sacked Employees (Reinstatement) Act, 2010 vide
letter No. 3 (11)/2013-Coord dated 29-10-2013. This Division also endorses
the clarification on the subject given by the Finance Division (Regulation
Wing) issued vide O.M. NO. 17(1)/2010-439 dated 02-03-2015.

6. Earlier, the Law and Justice Division vide O.M. No. 3 (11)/2013-Coord
dated 29-10-2013 clarified that "under Section 14 of the Sacked Employees
(Reinstatement) Act, 2010, a sacked employee who was reinstated and
regularized under the said Act, on attaining the age of superannuation would
be entitled to service benefits, privileges, facilities and payment. The
examination of Section 14 read with Section 5 of the Act would show that the
sacked employees of three categories, referred to herein above are entitled
to the above benefits etc. in accordance with the rules and procedure at par
with the other regular employees. There is no ambiguity in law as the
position of all the three categories of the employees is quite clear by the
language of Section 5 of the Act. The concerned quarter may act accordingly
in pursuance of provisions and for the protection of the right of the sacked
employees being recognized under Sacked Employees Act, 2010.”
7. Mr. . Matloob Hussain, s/o Bagh Ali was previously working on
contract basis as Naib Qasid in the defunct Peoples Works Programme. He
was reinstated into service w.e.f. 20-12-2010 under Section 6 of the SER Act,
2010. The official upon attaining the age of superannuation, retired from
service from 14-01-2014. After retirement, the official requested the then
Chairman, Review Board for payment of pensionery benefits etc. The
Honorable Chairman recorded minutes that " He be informed. We cannot
help him". While receiving no positive response on his repeated requests for
payment of pension, gratuity etc, Mr. Matloob Hussain filed petition to the
Wafaqi Mohtasib for the same objective. The Wafaqi Mohtasib Secretariat
issued findings including grounds of closure in complaint No. WMS-
HQR/0014327/15 dated 09 February 2015 regarding delay in grant of
pensionery benefits to Mr. Matloob Hussain, N.Q. The findings are
reproduced below:

"In view of the above position and from the preamble of the Act it is
quite clear that "reinstatement" and "regularization" were provided in
order to afford "relief" to such employees. The Ordinance dated 08-
12-2010 which is a special law for providing relief to such employees,
would generally be believed to prevail in the circumstances. Such
employees have not been granted pay and other benefits of the
intervening period which also does not fit well within the objectives
and structure of the law referred above. They would be at least
entitled to the intervening period for the purpose of counting of
pensionery benefits in the light of Ministry of Law, Justice and Human
Rights letter No. F. 3(11)/2011-Coord dated 29 th October, 2013".

8. The following categories of reinstated sacked employees have

submitted applications for the payment of pension and other related benefits:
a) The sacked employees who attained the age of superannuation
prior to enactment of the SER Act, 2010 and were reinstated in
terms of Section 5 of the Act;
b) The employees who were reinstated after enactment of the
SER Act, 2010 and were died in service later on;
c) The employees who were reinstated after enactment of the
SER Act, 2010 and soon reaching the age of superannuation;
d) The reinstated sacked employees who were previously working
on contract basis and reinstated in service under SER Act,
2010; and
e) The reinstated sacked employees who were previously working
on regular, temporary and adhoc basis and reinstated in service
under SER Act, 2010.
9. Wafaqi Mohtasib’s order mentioned at Para 7 is having serious
implication on national exchequer. As Federal Government is aggrieved by
the said order, therefore, representation is being made to set aside this order.

10. Approval of the Honourable President is solicited to the proposals

contained in para 9/above.
Encl: (Annex- to ) (NADEEM HASSAN ASIF)
Establishment Secretary

President’s Secretariat (Mr. ) Islamabad

Establishment Division’s U.O No.4-1(36)/2014-RB dated February, 2015

Through:
Secretary , Law, Justice and Human Rights, Islamabad.

48. Reference PUC.

49. The Wafaqi Mohtasib Secretariat issued findings including grounds of closure in
complaint No. WMS-HQR/0014327/15 dated 09 February 2015 regarding delay in grant of
pensionery benefits to Mr. Matloob Hussain, N.Q. The findings are reproduced below:
"In view of the above position and from the preamble of the Act it is quite clear that
"reinstatement" and "regularization" were provided in order to afford "relief" to
such employees. The Ordinance dated 08-12-2010 which is a special law for providing
relief to such employees, would generally be believed to prevail in the circumstances. Such
employees have not been granted pay and other benefits of the intervening period
which also does not fit well within the objectives and structure of the law referred above.
They would be at least entitled to the intervening period for the purpose of counting of
pensionery benefits in the light of Ministry of Law, Justice and Human Rights letter No. F.
3(11)/2011-Coord dated 29th October, 2013".
50. Briefly, Mr. . Matloob Hussain, s/o Bagh Ali was previously working on contract
basis as Naib Qasid in the defunct Peoples Works Programme. He was reinstated into service
w.e.f. 20-12-2010 under Section 6 of the SER Act, 2010. The official upon attaining the age
of superannuation, retired from service from 14-01-2014.
51. After retirement, the official requested the then Chairman, Review Board for
payment of pensionery benefits etc. The Honorable Chairman recorded minutes that " He be
informed. We cannot help him".
52. While receiving no response on his repeated requests for payment of pension,
gratuity etc, Mr. Matloob filed petition to the Wafaqi Mohtasib for the same objective.
The W.M. Sectt. finally issued findings as reproduced in Para 49/N.
53. It is stated that the this Division vide O.M. No. 4-1(136)2014-RB dated 13-11-2014
approached Finance Division and Law and Justice Division for getting clarification
regarding admissibility of pension, gratuity etc. to the sacked employees who were
previously working on contract basis in various departments etc. and reinstated under the
Sacked Employees (Reinstatement) Act, 2010.
54. Finance Division vide O.M. No. F-17(1)Reg-7/2010-439 dated 02-03-2015, clarified
that "employees who are appointed on contract basis during the period (01-11-1993 to 30-
11-1996 and were dismissed, removed, terminated from service during the period 01-11-
1996 to 12-10-1999) their services would not be counted for pension purpose because
contract service does not count for pension purpose, in terms of Article 361, 365 of CSR.
Moreover, the intervening period would also not count for pension in term of Article 369 of
CSR.
55. Clarification received from Finance Division was taken up with Law and Justice
Division for their views/comments etc. That Division vide its O.M. No. F. 3 (11)/2013-
Coord dated 06-01-2016 replied that "perusal of the record, it is stated that this Division has
already furnished its legal opinion on clarification regarding pension, gratuity benefits etc.
to the employees reinstated under the Sacked Employees (Reinstatement) Act, 2010 vide
letter No. 3 (11)/2013-Coord dated 29-10-2013. This Division also endorses the
clarification on the subject given by the Finance Division (Regulation Wing) issued vide
O.M. NO. 17(1)/2010-439 dated 02-03-2015.

56. Earlier, the Law and Justice Division vide O.M. No. 3 (11)/2013-Coord dated 29-10-
2013 clarified that "under Section 14 of the Sacked Employees (Reinstatement) Act, 2010, a
sacked employee who was reinstated and regularized under the said Act, on attaining the
age of superannuation would be entitled to service benefits, privileges, facilities and
payment. The examination of Section 14 read with Section 5 of the Act would show that the
sacked employees of three categories, referred to herein above are entitled to the above
benefits etc. in accordance with the rules and procedure at par with the other regular
employees. There is no ambiguity in law as the position of all the three categories of the
employees is quite clear by the language of Section 5 of the Act. The concerned quarter may
act accordingly in pursuance of provisions and for the protection of the right of the sacked
employees being recognized under Sacked Employees Act, 2010.”

57. The clarifications dated 29-10-2013 and 06-01-2016, received from Law & Justice
Division are not the same and creating confusion in expeditious disposal of pension cases of
reinstated sacked employees.
58. The Law and Justice Division may be requested again to relook into this very
important matter and give advice considering in view the fact that the reinstated sacked
employees who were previously working on contract basis, reinstated in service under SER
Act, 2010 with effect from the date of enactment or later but their length of service is not
qualifying for the purpose of pension, gratuity etc. due to break in their service from 1999 to
2010. The following categories of reinstated sacked employees have submitted applications
for the payment of pension and other related benefits:
a) The sacked employees who attained the age of superannuation prior to
enactment of the SER Act, 2010 and were reinstated in terms of Section 5 of the
Act;

b) The employees who were reinstated after enactment of the SER Act, 2010
and were died in service later on;
c) The employees who were reinstated after enactment of the SER Act, 2010
and soon reaching the age of superannuation;
d) The reinstated sacked employees who were previously working on contract
basis and reinstated in service under SER Act, 2010; and
e) The reinstated sacked employees who were previously working on regular,
temporary and adhoc basis and reinstated in service under SER Act, 2010.
d) If, L & J Division confirm the admissibility of pension, gratuity etc. to above
mentioned reinstated sacked employees, then question will arise that who will
bear the pension contribution for the period of termination till reinstatement of
a sacked employee reinstated under SER Act, 2010.
 59. As regards Wafaqi Mohtasib findings in complaint No. WMS-
HQR/0014327/15 dated 09 February 2015 regarding delay in grant of
pensionery benefits to Mr. Matloob Hussain, N.Q, (Para 49/N-refer), it is stated
that implementation the Establishment Division these findings by The Law and
Justice Division may also be requested to advice this Division for filing a review
petition before the Wafaqi Mohtasib or to approach the President for review.

60. Wafaqi Mohtasib’s above mentioned order at Para 49/N is having serious
implications on national exchequer. As Federal Government is aggrieved by the said order,
therefore, representation is required to be made under Section 14 of Federal Ombudsman
Institutional Reforms Act, 2013 to the President in order to set aside the said order.
Summary to the President is placed below for consideration and approval, please.

(Faaiz Aali Gill )

Section Officer (RB-II)

D.S (RB)
 -:07:-
29. Reference Para 20-26/N, and orders at para-27/N complete extract taken from
File No. 1(110)/2011-RB-I regarding lump sum payment of amount admissible under the
Assistance Package is placed at (F/A). Approval of Secretary Establishment Division
may kindly be seen at page-147/C.

30. Resubmitted for configuration of pa-20/N onwards and approval of proposal made at
para-26/N by Secretary Establishment please. Draft Sanction letter is placed below for
approval please.

( Sanaullah Mallah )
Section Officer (RB-I)

D.S (RB)
 F. No. 6-48/2016-RB (Pt)
GOVERNMENT OF PAKISTAN
ESTABLISHMENT DIVISION
(REVIEW BOARD)
*****

SUBJECT: PAY FIXATION OF SACKED EMPLOYEE OF OGDCL ON POINT

TO POINT BASIS IN ACCORDANCE WITH THE ESTABLISHMENT
DIVISON NOTIFICATION.

________________________________________________________________

Page 1-18/Corr (Receipt)

Immediate examine, please.

Sd/-
J.S (Admn)
22-02-16
DS (RB)

2. FR is a request received from Mr. Ahmar Farooq on behalf of Sacked Employees

reinstated in OGDCL under SER Act, 2010.

3. The applicant has requested the Secretary Establishment Division to advice Ministry
of Petroleum and Natural Resources and management of OGDCL to implement the policy
issued by Establishment Division vide O.M. No. 5-43/2011-RB dated 24-11-2011 regarding
pay fixation of Sacked Employees on point to point basis.

4. It is stated that the Cabinet Sub-Committee in its meeting held on 16-09-2011 passed
orders that:
“Cabinet Sub-Committee directed that the pay fixation of the reinstated sacked
employees is required to be calculated on point to point basis with all annual increments
between the termination period from 1997 to 2011, and if record is not available they pay
should be fixed alongwith allowances on presumption basis because as earlier informed,
they have been reinstated on their post they were holding at the time of their termination or
dismissal and are not reemployed a fresh.” (F/G)
5. Cabinet Sub-Committee’s above orders were accordingly conveyed to AGPR,
Islamabad vide O.M. NO. 5/43/2011-RB-I for aking further necessary action. Moreover
Ministry of Law and Justice and Finance Division also gave their advices as under:-

Law Division

“The matter has been considered in this Division. The point to point fixation is now
been practiced for the last number of years. The interpretation of the Cabinet Sub-
Committee is, therefore, quite equitable and further in consonance with the spirit of section
4, 14 and 16 of Sacked Employees Reinstatement Act, 2010.
 -:2:-

Finance Division

“Establishment Division is the secretariat, where the cases of Sacked Employees are
considered and settled. It is there fore, requested to take appropriate action in the subject
matter as per policy”.

6 Since the matter relates to Ministry of Petroleum and Natural Resources (OGDCL),
comments views of that Ministry may be obtained to processed further in the matter.

7. Submitted for kind consideration and approval of proposal made at para-6/N, by J.S
(Admn), please.

(Muhammad Aslam
Khan)
Deputy Secretary (RB)
JS (Admn)
 IN THE ISLAMABAD HIGH COURT, ISLAMABAD.

W.PNo. 2190/15

4- Syed Tasawar Hussain son of Syed Gada Hussain resident of Mian Chambers, 3-
Temple Road, Lahore.
5- Safdar Ali son of Muhammad Sharif resident of House No.106, Masjid Wali,
Mohallah Imtiazabad, Sargodha;
6- Muhammad Naeem son of Muhammad Ameer Kazi resident of House No.8
Block No.5, Dera Ghazi Khan.

Petitioner

VERSUS

4- Federal of Pakistan, Establishment Division, Cabinet Secretariat through its

Secretary, Islamabad.
5- Ministry of Law, Justice & Human Rights through its Secretary, Islamabad
6- Deputy Secretary, Review Board, Establishment Division, Islamabad.

Paras Comments

Para-1 No Comments
Para-2 Admitted that petitioners were erroneously reinstated one scale higher in
BS-18.
Para-3 Admitted to the extent that Section 15 of SER Act, 2010 deals with
creation of Supernumerary post to accommodate the sacked employees
reinstated under this Act.
Para-4 Denied. Section 4(b) of SER Act, 2010 provides:

“A sacked employee appointed on contract basis against a regular or a

temporary post and dismissed, removed or terminated from service
before or after expiry of the contract period and whether or not he was
again appointed and allowed to complete the period of contract,
irrespective of the fact that whether a letter or notification for dismissal,
removal or termination of the sacked employee’s service or expiry of the
contract was issued or not, shall be re-instated and regularized against a
regular post of the same scale, grade, cadre, group, post or designation,
whatever the case may be, in regular service of the employer”.
The petitioners being contract employees were required to be reinstated
in the same scale but were erroneously granted one scale higher which is
legally not protected. Therefore, the notification issued after consulting
Law & Justice Division vide No.3-3/2011-Admn-I dated 13-3-2012 was
withdrawn abinitio. (Flag-A)
Para-5 Admitted.
Para-6 No Comments.
GROUNDS
i. As in para 4 above.
ii. As in para 4 above.
iii. As in para 4 above
iv. Denied. In the instant writ petition claim of the petitioners is not valid in
the eye law.
v. Denied. Section 6 of SER Act, 2010 provides.

“ Sacked employees removed from service on account of closure of

employer organization.-
In cases where sacked employee was dismissed or removed or terminated
from service or his or her service was discontinued or held in abeyance
due to closure or disbandment or winding up of the employer’s office,
organization or institution, whatever the case may be or whose employer
organization ceased t exist on or before the 13 th day of February, 2009,
whether or not, any type of notification in writing was issued or served
on the sacked employee, for his dismissal removal or termination or
discontinuation of his service or for his service held in abeyance, shall be
re-instated or taken back in service and absorbed and regularized in
service of the employer in the manner provided as under, namely:-

(e) The Secretary, Establishment Division shall be treated as the

employer of the sacked employee for purpose of section 3, who
shall , within fifteen days of application filed by the sacked
employee under section3, re-instate the sacked employee or
shall take him back in service if the sacked employee’s
employer was closed, disbanded or woundup irrespective of
the fact that whether letter or notification was issued for
service status of the sacked employee and shall adjust, absorb
and regularize the sacked employee in service of the Federal
Government in case of employer of the sacked employee was a
Ministry or Division or a Government department or any
organization not being autonomous or semi-autonomous
organization, and shall adjust, absorb and regularize the
sacked employee in service of any autonomous or semi
autonomous organization, where employer of the sacked
employee was an autonomous or semi-autonomous
organization, with effect from the date of enactment of this Act;
(f) The sacked employee shall be placed at the bottom of the
seniority list, effective as on the date of enactment of this Act,
for the scale, grade, cadre, post, group or designation,
whatever the case may be, of the employer including any
Ministry or Division or department or office or autonomous
semi-autonomous organization, where his services are placed;
(g) Where no separate cadre or seniority list is available for
employees of a certain Ministry or Division or department, the
Secretary, Establishment Division shall take the sacked
employee into service and re-instate and regularize him in
service at the bottom of the seniority list of the Establishment
Division on the date of enactment of this Act, and
(h) In cases where the Secretary, Establishment Division fails to
re instate or regularize the sacked employee, within fifteen
days of application filed under section 3, the sacked employee
shall stand re-instated and regularized in regular strength of
the Establishment Division with effect from the date of
 enactment of this Act, irrespective of the employer of sacked
employee, whether or not, was any autonomous or semi-
autonomous organization.

Section-11 of SER Act, 2010.

“A sacked employee dismissed, removed or terminated from service

on account of absence from duty or misconduct or mis-appropriation
of Government money or stock or unfitness on medical ground.- A
sacked employee, who was dismissed or removed or terminated from
service on account of absence from duty or misconduct or any form of
mis-appropriation of Government money or stock or his unfitness on
medical grounds, may prefer a petition to the Sacked Employee’s Review
Board as provided in Section 13”.
The Review Board is only competent to decide the cases of Sacked
Employees which fall under the criteria envisaged in Section 11. In rest
of the cases, Secretary Establishment Division is Competent Authority as
laid down in Section 6 mentioned above. Thus, the notification of the
petitioners was issued by Competent Authority.
vi. Denied. As in Para-V above.
vii As in Para-4 above
viii. No Comments
Para-7 Denied. The petitioners are now Civil Servants after reinstatement in
service thus, the Honorable High Court may dismiss the instant writ
petition being corum non-judice.

Prayer.

In view of the above the Honourable Court is requested:-

f) To dismiss the instant writ petition as it is corum non judice.

g) As in para (a) above
h) As in para (a) above
i) As in para (a) above
j) As in para (a) above

On behalf of respondent No.1 & 3.

 IN THE LAHORE HIGH COURT, BAHAWALPUR BENCH, BAHAWALPUR.

W.PNo. 9262/15

Muhammad Rashid Mehmood Gull son of Molvi Gull Muhammad, resident of Jinnah Park,
Street No.16, Tehsil and District Rahim Yar Khan,

Petitioner

VERSUS

1- Govt. of Pakistan Cabinet Secretariat, Establishment Division (Sacked

Employees Review Board), Islamabad.
2- Small Medium Enterprises Bank through Ministry of Finance, Islamabad.
3- The Executive Vice President SME Bank, Islamabad.

Paras Comments

Para-1 No Comments
Para-2 No Comments
Para-3 No Comments
Para-4 No Comments
Para-5 No Comments
Para-6 No Comments
Para-7 No Comments
Para-8 No Comments
Para-9 Petitioner was reinstated by Review Board the meeting of dated 19-8-2015.
as reproduced below:
“Petitioner was appointed as Assistant in Small Business Finance
Corporation (SME Bank) from 8th May, 1995. On 14th January, 1995 his
Manager sent a complaint to the Regional Manager with the request that the
petitioner is to be proceeded against. On 15th January, 1999, the petitioner
was dismissed from service.
From the available record it appears that after removal from service
during the departmental appeal, Syed Abbas Raza Abidi was directed to
enquire regarding complaint against the petitioner who also recorded
statement of Mr. Hassan Bhanga who was allegedly asked by the petitioner
for bribe; Hassan Bhanga during inquiry withdrew the charge of demand of
bribe. The department should have accepted the appeal by reinstating the
petitioner, but they did not.
Because the removal was in an illegal way without providing
opportunity to the petitioner to defend, therefore, his removal is held to be un-
lawful. He is to be reinstated forthwith the day he submits his arrival to the
competent authority alongwith this order. He will not claim seniority, nor
would claim any back benefits”.
In light of above order the petitioner was reinstated without any back
benefits”
Para-10 Denied The order passed by the Review Board is not illegal. Section 16 of
SER Act, 2010 is reproduced:-

“Payment of compensation on re-instatement.-(1) Each sacked

employee, whether re-instated in service of corporation or autonomous or
semi autonomous organization or Government under provisions of this Act,
or regularized, where sacked employee is already taken back in service under
order of any tribunal or any court including the Supreme Court or a High
Court, shall be paid compensation out of employer’s own resources, without
waiting for any type of transfer or receipt of funds from any other
organization or Ministry, equal to gross monthly emoluments of three
years at the rate of monthly pay and allowances payable at the time of
disbursement of installment for the relevant posts, grade, cadre, group or
designation, whatever, the case may be, in which the sacked employee is
being re-instated or regularized, if already taken back in service”.
SER Act, 2010 only allows compensation equal to gross monthly emoluments
of three years.
Para-11 No comments.
Para-12 As in para 10 above. SER Act, 2010 allows compensation equal to gross
monthly emoluments of three years as envisaged in Section 16 of SER Act,
2010. Petitioner’s request regarding all back benefits from 15 th January, 1999
is not covered under SER Act, 2010.
Para-13 As in para-10 above.
Para-14 No comments.
Para-15 Denied. The petitioner, after reinstatement, is a civil servant. The honorable
High Court may, therefore, dismiss the instant Writ Petition being corum non-
judice.
Para-16 No comments

Prayer.

It is prayed that instant Writ Petition may kindly be dismissed being corum non-
judice and also in light of Section 13 (8) of SER Act, 2010 which provides:

“The order of the Sacked Employees Review Board passed on the review petition under sub-
section (5) or (6) or the sacked employee stood re-instated and regularized under sub-
section(7), shall be final and shall not be called in question in any court, authority or tribunal”.

On behalf of respondent No.1

20. Reference Para 12-16/N

21. Late Sanaullah Khan, LDC (BPS-07 was a sacked employee of People Work
Prgramme. He was reinstated into service under SER Act, 2010 w.e.f 01-02-2011 (P-
26/C). He died during service on 11-06-2015 (P-114/C). His date of superannuation was
25-01-2030.

22. The widow of the deceased, Mst. Noreen Akhtar, has requested for payment of
benefits provided in Prime Minister’s Assistance Package i.e lump sum grant, Children
Education expenses, Job etc. She submitted succession and heir-ship Certificates issued by
Senior Civil Judge, Khushab vide application dated nil received in RB section on 26-01-
2016 (P-123/C)

23. In order to provide relief to the families of government employees who die in
service, Assistance Package approved by the Prime Minister of Pakistan circulated by te
Establishment Division vide O.M No.8/10/2013-E-2(pt) dated 04-12-2015 (P-132/C) a lump
sum grant of Rs.900,000/- (Rupees Nine Hundred Thousand only) is admissible to the
family of Government employee of BPS-05 to 10 who die in service on or after 09 February,
2015.

24. The Regulation Wing of Establishment Division on an other file has confirmed
admissibility of this assistance grant to the legal heirs for the families of government
employees who were reinstated under the Sacked Employees Reinstatement Act, 2010 and
died in service after their reinstatement. (P-136/C)

25. In light of Assistance Package for families as mentioned above, it is proposed that we
may make payment of lump sum grant of Rs.900,000/- (Rupees Nine Hundred Thousand
only) to the family of Late Sanaullah Khan, LDC (BS_07). Section Officer (Cash/DDO) has
confirmed the availability of funds during the financial year 2015-2016 vide Para-08/N, for
the propose.

26. Approval of Secretary, Establishment Division, being the principal Accounting

officer is solicited for payment of Lump Sum Grant amounting to Rs. 900,000/- (Rupees
Nine Hundred Thousand only) as Assistance Package to the family of late Sanaullah Khan,
LDC (BS-07), who died in service, please. Draft of sanction letter is placed below, please.

( Sanaullah Mallah )
Section Officer (RB-I)
17-02-2016

D.S (RB)
93. Reference PUC.

94 Briefly, case is that Mr. Fiaz Hussain Bhatti, OG-II, Ex UBL Officer was reinstated
in service w.e.f. 03-01-2011 b
y the Establishment Division in pursuance of Section 6
 IN THE ISLAMABAD HGIH COURT, ISLAMABAD

W.P No.4103/2015

Ghulam Qadir Kaladi S/o Ghoush Bux, LDC, Establishment Division, Islamabad.

PETITIONER
VERSUS

1. Federation of Pakistan, through Secretary Establishment Division.

2. Review Board, through its Chairman under SERA, Establishment Block of

Establishment Division, Islamabad.

RESPONDENTS

WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC

REPUBLIC OF PAKISTAN, 1973.

Para Comments

Para-1 No Comments.
Para-2 Denied. The Cabinet Sub Committee considered the case of petitioner
(Mr. Gulam Qadir Kaladi herein after called petitioner) in its meeting dated
29-1-2013 and the order of Cabinet Sub Committee is reproduced below:-

“The Cabinet Sub Committee’s was informed by the Establishment

Division that there is one ex-LDC of Peoples Works Programme
namely Mr. Ghulam Qadir Kaladi and his case falls under the
provisions of the Sacked Employees (Reinstatement) Act, 2010 but
he is not having the proof to the effect that he had applied for
reinstatement within 90 days as per directions of the Law. The
Cabinet Sub Committee discussed and approved the
regularization of the services of Mr. Ghulam Qadir Kaladi,
Ex-LDC of the Peoples Works Programme of the defunct
Ministry of Local Government and Rural Development with
immediate effect and with no back benefits as a hardship case”.

In view of the order of the Cabinet Sub Committee and with the
approval of Secretary Establishment Division, the petitioner was reinstated
into service vide office order dated 12-4-2013 with no back benefits (Flag/B).

The petitioner, in July 2015, submitted an application to the Secretary

Establishment Division and requested therein that he may be reinstated in
service from 2011 rather than 2013 with back benefits. The then Deputy
Secretary (RB) recorded minutes that “I have gone through his case. This
case has already been dealt with in depth. The CSC had reinstated him
with no back benefits despite he had not applied within stipulated period.
No further action is required by Review Board please file” (F/C).

It is evident that the Cabinet Sub Committee reinstated the petitioner in

contravention of SER Act, 2010. Application of petitioner was time barred
i.e not received within 90 days of enactment of SER Act, 2010. Section-13
 (1) of SER Act, provides;
Petition to the Review board

1. A Sacked Employee, as provided in section 11, may within ninety

days of the enactment of this Act prefer a petition to sacked employees Review
Board for review of such order of sacked employees’ dismissal or removal or
termination from service on account of absence from duty or misconduct or
mis-appropriation of Government money or stock or unfitness on medical
grounds “

Moreover, assertion of the petitioner regarding reinstatement into service in

lawful manner is not supported by SER Act, 2010. Section 12 of SER Act,
2010 is reproduced:

Section 12 (1)

“Establishment of Sacked Employees Review Board.-

(1) There is hereby established a Sacked Employees Review Board consisting
of five members

“ Establishment of Sacked Employees Review Board.- (1) There is hereby

established a Sacked Employees Review Board consisting of five members
including a Joint Secretary or any other officer equivalent to Joint Secretary
or a BPS-20 officer from-

i. Establishment Division;
ii. Ministry of Law and Justice;
iii. Ministry of Finance; and
iv. The Ministry under which the sacked employee or his employer
was working on the day of enactment of this Act,

And as its head a Chairman, who shall be a person who is a retired Judge of
the Supreme Court or of a High Court and appointed by the Federal
Government to review the cases of sacked employees as provided in section
11.

(2) The Chairman of the Sacked Employees Review Board shall

be appointed on full time basis, who shall hold office till the time none of the
petitions remains pending”

Any forum or Committee other than Review Board is corum

non Judice. Therefore, reinstatement of petitioner by the Cabinet Sub
Committee is void ab-initio

Para-3 Admitted to the extent that Section 16 of SER Act, 2010 deals with payment
of compensation on reinstatement. But the case of the petitioner is otherwise
as in para-2 above.
Para-4 As in para-2 above
Para-5 As in para-2 above
Para-6 As in para-2 above
Para-7 No Comments

PRAYER

The Honorable Islamabad High Court may kindly dispose off the instant writ
petitioner in view of the fact that reinstatement of the petitioner was recommended
by the Cabinet
Sub-committee as hardship case inspite of the fact that his application was time
barred. Under Section 12 of SER Act, 2010 only the Review Board is competent to
take decision for reinstatement of sacked employees on case to case basis.
 -:20:-

74. Reference paras 64-73/N.

75. PUC refers to Writ Petition No.4103/2015 filed by Mr. Ghulam Qadir Kaladi,
LDC (BS07), in Islamabad High Court for reinstatement service from 2011 instead of 2013
along with back benefits. Honorable Court vide order dated 21-12-2015 (Page-81/C) has
directed to decide the representation of petitioner dated 3-7-2015 within one month. .

76. Facts of the case are that, petitioner, as per available record, was a sacked
employee of Peoples Works Programe (PWP). He was reinstated on the recommendation of
Cabinet
Sub-Committee in meeting held on 29-1-2013 (Pp-18-19/C). Committee’s order is
reproduced below:

“The Cabinet Sub Committee’s was informed by the Establishment Division that
there is one ex-LDC of Peoples Works Programme namely Mr. Ghulam Qadir
Kaladi and his case falls under the provisions of the Sacked Employees
(Reinstatement) Act, 2010 but he is not having the proof to the effect that he had
applied for reinstatement within 90 days as per directions of the Law. The Cabinet
Sub Committee’s discussed and approved the regularization of the services of Mr.
Ghulam Qadir Kaladi, Ex-LDC of the Peoples Works Programme of the defunct
Ministry of Local Government and Rural Development with immediate effect and
with no back benefits as a hardship case”.

77. In view of the order of the Cabinet Sub Committee and with the approval of
Secretary Establishment Division (Paras 23-31/N), the petitioner was reinstated into service
vide office order dated 12-4-2013 with no back benefits (Flag/A).

78. In the instant WP, the Honorable Islamabad High Court has passed order
that:-
(P-84/C).

“The petitioner only seeks direction for expeditious disposal of representation filed
by him on 3-7-2015 as he also submitted reminder on 3-12-2015 but till today, no
initiative is taken by the respondents.

Considering trivial issue raised through this writ petition, there is no need to issue
notice to the respondents which is sheer wastage of precious time of the Court.
Therefore, respondents are directed to decide the representation filed by the
petitioner on 3-7-2015 within a period of one month.

With these directions, instant writ petition is disposed off”

79. In this regard it is stated that in July 2015, the official (Mr. Kaladi) submitted
an application to the Secretary, Establishment Division requested therein that he may be
reinstated in service from 2011 rather than 2013 with back benefits. The then Deputy
Secretary (RB) recorded minutes that “I have gone through his case. This case has
already been dealt with in depth. The CSC had reinstated him with no back benefits
despite he had not applied within stipulated period. No further action is required by
Review Board please file” (F/B).

80. The Cabinet Sub Committee reinstated the petitioner in contravention of SER
Act 2010, as a hardship Case;. Application of petitioner was time barred i.e not received
within 90 days of enactment of SER Act, 2010. Moreover, Section-12 of SER provides:

“ Establishment of Sacked Employees Review Board.- (1) There is hereby established a

Sacked Employees Review Board consisting of five members including a Joint Secretary or
any other officer equivalent to Joint Secretary or a BPS-20 officer from:
 -:21:-

v. Establishment Division;
vi. Ministry of Law and Justice;
vii. Ministry of Finance; and
viii. The Ministry under which the sacked employee or his employer was working
on the day of enactment of this Act,

And as its head a Chairman, who shall be a person who is a retired Judge of the Supreme
Court or of a High Court and appointed by the Federal Government to review the cases of
sacked employees as provided in section 11.

Section 12 (2) :

The Chairman of the Sacked Employees Review Board shall be appointed on

full time basis, who shall hold office till the time none of the petitions
remains pending”

Thus, any forum or Committee other than Review Board is corum non
Judice. Therefore, reinstatement of petitioner by the Cabinet Sub Committee
is void
ab-initio..

81. Mr. Ghulam Qadir Kaladi who is still working in Establishment Division as
LDC, may better get relief from any forum, if so desired.

82. Submitted for kind consideration of JS(Admn) please. Portion

( Faaiz Aali Gill )

Section Officer (RB-II)
16-02-2016

D.S (RB)
 fGovernment of Pakistan
Cabinet Division
Establishment Division
*****
Subject: DISMISSAL OF WRIT PETITION NO.453/2015.

PUC refers to writ petition No.453/2015 filed by Babar Ali and 15 others V/S
Government of Pakistan Establishment Division through its Secretary. Petitioners were
contract employees in different scales and they were reinstated and later on granted one
scale higher.

2. Keeping in view the advice of Law, Justice and Human Rights Division
(P /C) orders of one scale higher were withdrawn ab-initio.

3. The petitioners, considering themselves aggrieved, approached Islamabad

High Court to declare said order null & void. Islamabad High Court dismissed the Writ
Petition stating that
“from the perusal of writ petition, it also reveals that petition is silent about
nature of employment of the petitioners whether it was permanent or
contract nor any proof is appended with the petition, therefore, they have
concealed the material fact from the Court, as such, they are not entitled for
grant of any relief from the Court
Under the circumstances, nothing found in favour f the petitioners, hence I
feel no force in the instant writ petition, which is dismissed,. Parties are left
to bear their own costs”.

4 Submitted for information of Joint Secretary (Admn) please.

( Faaiz Aali Gill )

Section Officer (RB-II)
12-02-2016

D.S (RB)
 -:79:-
Refer PUC
2. Orders regarding adjustment / permanent absorption in Ministry of Railways
(Railway Board) of 12 reinstated Sacked Employees issued with the approval of competent
authority (P- /C).
3. As informed by Ministry of Railways (Railway Board) has informed that of
12 following 04 employees have not yet reported/joined duties:

i. Mr. Wajid Mir , Assistant (BS-14)

ii. Mr. Shah Beg Khan, Assistant (BS-14)
iii. Mr. Muhammad Ikram, Chowkidar (BS-01)
iv. Mr. Muhammad Zulfiqar, Chowkidar (BS-01)
4. Accedes to Ministry of Railway (Railway Board) out of Eight employees joined there,
Mr. Niaz Muhammad Khan, Assistant tendered resignation and Mr. Qamar Abbas,
Stenotypist, was declared unfit to resume service being a diagnosed case of schizophrenia
by Railways Medical board, Ministry of Railways has already been replied with the
approval of Office Order

“In pursuance of Sakced Employees (Reinstated) SER Act, 2010, services of

Mr. Qamar Abbas, Stenotypist (BS-14) are placed at the disposal of Ministry
of Railway (Railway Board), for permanently adjustment/absorption vide
Establishment Division’s office Memorandum No. 6-19/2014-RB dated 28-8-
2015.
The official has, therefore, severed all connections with the Establishment
Division and his is now employee of Ministry of Railway (Railway
Baord). Ministry of Railway may, therefore, take further necessary action
in the matter under the rules (P /C).
5. It is stated that Mr. Muhammad Zulfiqar, Chowkidar, has been adjusted in
Federal Board of Revenue for permanent adjustment. (P /C).

6. In view of above, it is proposed that:

i) Mr. Wajid Mir Shah Bag, Assistant (BS-14) and Mr. Muhammad Ikram,
Chowkidar (BS-01), may be called upon to explain the reasons of non-
compliance of the orders of competent authority regarding their adjustment in
Ministry of Railways
(Railway Board). In the meanwhile, their pay may be stopped. who have not
joined Ministry of Railways.
ii) Mr. Zulfiqar, Chowkidrd, stands adjusted in Federal Board of Revenue and he
already joined there, Ministry of Railway may be informed accordingly.

7. Submitted for kind consideration and approval of proposal at para-6/N

by JS (Admn), please.

(Sanaullah
Mallah)
Section Officer
(RB-I)
DS (RB)
 -:19:-

83. PUC is an application submitted by Mr. Aamir Khurshid Burney, Transport

Assistant, regarding 365-Days ex-Pakistan Leave on Half Pay.

84. Briefly, with the approval of competent authority the official’s granted EOL
w.e.f. 07-09-2015 to 06-09-2017 vide Officer Order No. 5/17/2011-RB-II dated 10-08-2015.
(Para 177/C) was cancelled vide office order No.5/17/2011-RB dated 01-02-2016. Now
official has again requested for the grant of 365 days leave on Half Pay as to go to Saudi
-German Hospital, Jeddah,KSA for the Cardiac Operation of his father and for the no
objection to proceed abroad during his leave.

85. Approval of the JS (Admn) is solicited for grant of 365 days LHP in respect of
Mr. Aamir Khurshid Burney, please.

(Sanaullah
Mallah)
Section
Officer
(RB-I)
DS (RB)
 -:29:-

108. Reference Para 107/N

109. The Section 11 of SER Act, 2010 specify the type of cases that can be
considered by the Review Board, which are as under:

The sacked employees who were dismissed, removed or terminated from

service on account of;
i) Absence from duty, or
ii) Misconduct, or
iii) Misappropriation of Government money or stock, or
iv) Unfitness on medical grounds

110. Submitted for consideration as directed and approval of proposal at Para-

104/N and draft O.M to Ministry of Commerce, please.

(Muhammad Aslam
Khan)
Deputy
Secretary (RB)
Joint Secretary (Admn)
 GOVERNMENT OF PAKISTAN
CABINET SECRETARIAT
ESTABLISHMENT DIVISION
*****
No. F. 1(523)/2012-RB Islamabad, 10 February
2016
OFFICE MEMORANDUM

Subject: REINSTAEMENT IN SERVICE UNDER SER ACT, 2010

The undersigned is directed to refer to M/o Commerce Office Memorandum
No. 7(62)/2015-Admn-I dated 31 December 2015 regarding objections raised by FA's
Organization in respect of Mr. Fiaz Hussain Bhatti, Officer Grade-II (equivalent to BS-17)
of defunct UBL who was reinstated into service w.e.f. 03-01-2011 in terms of Section 6,
Section 4 (e) (i) and 4 (e) (ii) of the Sacked Employees (Reinstatement) Act, 2010 and later
granted BS-18 (one step higher scale) by the Establishment Division.
2. The queries raised by the FA's Organization and replies thereto are as under:
S.# Queries Replies/ Clarification
1. In violation of the provision of the Section a) Privatization Commission vide its letter dated
6 of the Sacked Employee (Reinstatement 15 May 2012 informed that UBL prior to its
Ordinance), 2009 the above said officer privatization was owned and/or controlled by
reinstated in service on 03-01-2011 as the Government of Pakistan through State Bank of
United Bank Limited do not fall under the Pakistan and other nominees (copy attached);
definition of Corporation Service, e) The services of Mr. Fiaz Hussain Bhatti, Officer
Autonomous or Semi-Autonomous Body Grade-II (equivalent to BS-17) of UBL were
or in Government Service. Furthermore, terminated w.e.f. 10 October 1997 under a
his services were terminated during the “Retrenchment Scheme”(copy attached);
period November, 1993 to the 30th
November, 1996 (mentioned in the c) The Law & Justice Division gave opinion that
reinstatement ordinance 2009) as there is Section 6 of Sacked Employees Re-instatement Act,
no order/date of his termination of services 2010 is applicable in this case and under Section 6
is available in the record to take how and (a) the Secretary, Establishment Division, being the
why his service were terminated. employer of the Sacked Employees, can entertain
and re-instate such employees in accordance with
law (copy attached);
In view of above, reinstatement in service of the
officers is in accordance with the provisions made in
SER Act, 2010.
2. As per notification of Establishment Relates to M/o Commerce which may provide
Division dated 31-08-2015 (Refer page copies of relevant information/documents etc. to the
13/C) the above named officer reinstated FA’s Organization.
into service on 03-01-2011 (copy not
available in the record) and assumed the
charge of the post of officer Grade-II (BS-
18) in Establishment Division on 03-01-
2011. The file is completely silent
regarding the service record of the officer
for the period 03-01-2011 to
31-8-2015.
3. As per notification of Establishment Pursuant to Section 4 (a) of SER Act, 2010,
 Division (Refer page 12/cor) the above Mr. Fiaz Hussain Bhatti, Officer Grade-II
said officer Grade-II equivalent to BS-17 (equivalent to BS-17) a re-instated sacked employee
reinstated sacked employee of defunct of defunct UBL, is granted BS-18 (One Step Higher
United Bank Limited (UBL) was granted Scale) w.e.f. 03-01-2011, the date of his
BS-18 (one step higher scale) w.e.f re-instatement into service (copy attached);
03-01-2011, the date of his reinstatement
in service.
4. For the sake of arguments, if the sacked a) The competent authority i.e. Secretary,
employees of the UBL comes under the Establishment Division reinstated Mr. Bhatti into
provision of the Sacked Employees service w.e.f.. 03-01-2011 in terms of Section 6,
(Reinstatement) Act, 2009, and his Section 4 (e) (i) and 4 (e) (ii) of the SER Act, 2010.
services was accordingly reinstated than b) Ministry of Law & Justice vide its O.M No.
HOW COME the above said officer joined 9(3)/2011-Coord dated 12-07-2012 informed the
the services in the Establishment Division Establishment Division that at the time of
as per rules he has to report back to his termination of their services, the United Bank
parent organization i.e UBL and it is not Limited was owned and/or controlled by
DEFUNCT FINANCIAL INSTITUTION
AND IS FUNCTIONING THROUGHOUT
Government of Pakistan through State Bank of
PAKISTAN AS WELL AS ABROAD. Pakistan and later on was privatized on 19 th October,
2002, therefore, Section 6 of Sacked Employees
(Re-instatement) Act, 2010 is applicable in this case
and under Section 6 (a) the Secretary, Establishment
Division, being the employer of the Sacked
Employees, can entertain and re-instate such
employees in accordance with law.
5. Upon the position referred to above there The competent authority i.e. Secretary,
is no question of the creation of the Establishment Division granted BS-18 (one step
supernumerary post (BS-18) for the above higher scale) to the officer under Section 4 (a) of
said officer in Ministry of Commerce. SER Act, 2010.
6. In addition to the above, FA’s a) The competent authority i.e. Secretary,
Organization is of the view that the Establishment Division reinstated Mr. Bhatti into
reinstatement case of Mr. Fiaz Hussain service w.e.f.. 03-01-2011 in terms of Section 6,
Bhatti under the provision of reinstatement Section 4 (e) (i) and 4 (e) (ii) of the SER Act, 2010
ordinance 2009 may be referred back to and in accordance with advice given by Law &
Review Board, Establishment Division to Justice Division.
re-examine the case ab-initio for further
action, please.
3. In view of above, it is informed that Mr. Fiaz Hussain Bhatti was adjusted
/posted in Ministry of Commerce against a regular reported vacant post of Statistical Officer
(BS-17) on permanent basis. The grant of one step higher scale BS-18 to the officer is
covered under Section 4 (a) of SER Act, 2010. As regards placing of his case before the
Review Board to reexamine ab initio, it is informed that the officer was reinstated into
service by the competent authority i.e. Secretary, Establishment Division in terms of Section
6, Section 4 (e) (i) and 4 (e) (ii) of SER Act, 2010 and in accordance with advice given by
Law & Justice Division.. The referring Ministry may, however, consult Law and justice
Division for further clarification, if so desired.
4. This issues with the approval of competent authority.

(Sanaullah Mallah)
Section Officer (RB-I)
Ministry of Commerce,
(Mr. Ataullah),
Director (HR & CP),
Islamabad
93. Reference PUC.
94 Briefly, case is that Mr. Fiaz Hussain Bhatti, OG-II, Ex UBL Officer was
reinstated into service w.e.f. 03-01-2011 by the Establishment Division in pursuance of
Section 6 of the SER Act, 2010 (Page-21/C).

95. The services of the officer were placed from 16-04-2015 at the disposal of
Ministry of Commerce, Islamabad for adjustment/posting against a regular vacant post of
Statistical Officer (BS-17) on permanent basis (Page 37/C). He accordingly assumed charge
of the post of Statistical Officer (BS-17) in Ministry of Commerce on 23-04-2015 on
permanent basis (Page-39-40/C). Later, pursuant to Section 4 (a) of the SER Act, 2010 he
was granted BS-18 (one step higher) by the Establishment Division w.e.f 03-01-2011, the
date of his reinstatement into service (Page-110/C).

96 Ministry of Commerce has now informed (Page-107/C (PUC) that it approached

to Finance Division (FA’s Organization for creation of supernumerary post of Statistical
Office (BS-18) w.e.f. 23-04-2015, the date he was granted BS-18. The FA’s Organization is
of the view that reinstatement case of Mr. Fiaz Hussain Bhatti under the Reinstatement
Ordinance may be referred back to Review Board to re-examine the case ab-initio for
further action (Page-113/C).

97. In this regard, the queries raised by FA’s Organization vide note dated 18-12-2015
(Page-113/C) and our replies are as under:

S.# Queries Replies/ Clarification

1. In violation of the provision of the
Section 6 of the Sacked Employee
(Reinstatement Ordinance), 2009 the
above said officer reinstated in service
on 03-01-2011 as the United Bank
Limited do not fall under the definition
of Corporation Service, Autonomous or
Semi-Autonomous Body or in
Government Service. Furthermore, his
services were terminated during the
period November, 1993 to the 30th
November, 1996 (mentioned in the
reinstatement ordinance 2009) as there is
no order/date of his termination of
services is available in the record to take
how and why his service were
terminated.
a) Privatization Commission vide its letter dated
15 May 2012 (P-115/C) informed that UBL prior
to its privatization was owned and/or controlled
by Government of Pakistan through State Bank of
Pakistan and other nominees;
f) The Services of the following Employees of
UBL were terminated w.e.f. 11 October, 1997
under a “Retrenchment Scheme” (Page-2/C):
1) Mr. Riaz Ahmed Shaikh, Officer Grade-II
2) Mr. Mohammad Khalil, Officer Grade-II
3) Mr. Saif Ullah Butt, Officer Grade-II
4) Mr. Zia-ur-Rehman, Officer Grade-I
5) Mr. Mohammad Ismail, Officer Grade-II
6) Mr. Fiaz Hussain Bhatti, Officer Grade-II
7) Mr. Ishtiaq Ahmed, Officer Grade-II
8) Mr. Liaquat Ali, Officer Grade-III
9) Mr. Faqir Muhammad, Officer Grade-III
10) Mr.Tajammal Hussain Nisar, Officer Grade-I

c) The Law & Justice Division also gave opinion

that Section 6 of Sacked Employees
Re-instatement Act, 2010 is applicable in this
case and under Section 6 (a) the Secretary,
Establishment Division, being the employer of
 the Sacked Employees, can entertain and
re-instate such employees in accordance with law
(Page-116/C)

In view of above, reinstatement in service of 10x

officers of UBL (including Mr. Fiaz Hussain
Bhatti, Officer Grade-II (equivalent to BS-17)) is
in accordance with the provisions made in
SER Act, 2010
2. As per notification of Establishment Relates to M/o Commerce which may provide
Division dated 31-08-2015 ( Refer page copies of relevant information/documents etc. to
13/C) the above named officer reinstated the FA’s Organization.
into service on 03-01-2011 (copy not
available in the record) and assumed the
charge of the post of officer Grade-II
(BS-18) in Establishment Division on
03-01-2011. The file is completely silent
regarding the service record of the
officer for the period 03-01-2011 to
31-8-2015.
3. As per notification of Establishment Pursuant to section 4 (a) of SER Act, 2010,
Division (Refer page 12/cor) the above Mr. Faiz Hussain Bhatti, Officer Grade-II
said officer Grade-II equivalent to BS- (equivalent to BS-17) a re-instated Sacked
17 reinstated sacked employee of Employee of defunct United Bank Limited
defunct United Bank Limited (UBL) was (UBL), is granted BS-18 (One Step Higher Scale)
granted BS-18 (one step higher scale) w.e.f. 03-01-2011, the date of his
w.e.f 03-01-2011, the date of his Re-instatement into service (Pge-110/C).
reinstatement in service.
4. For the sake of arguments, if the sacked a) Mr. Bhatti was reinstated into service
employees of the UBL comes under the w.e.f.. 03-01-2011 in terms of Section 6, Section
provision of the Sacked Employees 4 (e) (i) and 4 (e) (ii) of the SER Act, 2010.
(Reinstatement) Act, 2009, and his
services was accordingly reinstated than b) Ministry of Law & Justice vide its O.M No.
HOW COME the above said officer 9(3)/2011-Coord dated 12-07-2012 (P-116/C)
joined the services in the Establishment informed the Establishment Division that at the
Division as per rules he has to report time of termination of their services, the United
back to his parent organization i.e UBL Bank Limited was owned and/or controlled by
and it is not DEFUNCT FINANCIAL Government of Pakistan through State Bank of
INSTITUTION AND IS Pakistan and later on was privatized on 19th
FUNCTIONING THROUGHOUT October, 2002, therefore, Section 6 of Sacked
PAKISTAN AS WELL ABROAD. Employees (Re-instatement) Act, 2010 is
applicable in this case and under Section 6 (a) the
Secretary, Establishment Division, being the
employer of the Sacked Employees, can entertain
and re-instate such employees in accordance with
law.
5. Upon the position referred to above there Grant of BS-18 (on Step higher Scale) is only for
is no question of the creation of the financial benefit under Section 4 (a) of SER Act,
supernumerary post (BS-18) for the 2010. There is no change in substantive scale of
above said officer in Ministry of the officer, therefore, there appears no need of
Commerce. creation of a supernumerary post in BS-18.
6. In addition to the above , FA’s
Organization is of the view that the
reinstatement case of Mr. Fiaz Hussain
Bhatti under the provision of
reinstatement ordinance 2009 may be
referred back to Review Board,
Establishment Division to re-examine
the case ab-initio for further action,
please.
a) Reinstatement of 10x Sacked officers of UBL
is in accordance with Section 6 of the SER Act,
2010.
b) Law & Justice Division also gave opinion that
Section 6 of Sacked Employees (Re-instatement)
Act, 2010 is applicable in this case and under
Section 6 (a) the Secretary, Establishment
Division, being the employer of the Sacked
Employees, can entertain and re-instate such
employees in accordance with law (Page-116/C)

In view of above, there is no need to refer back

the case of Mr. Faiz Hussain Bhatti, Officer
Grade-II (equivalent to BS-17) a re-instated
Sacked Employee of defunct UBL to Review
Board to re-examine ab-initio

98. In view of above it is stated that :

i) The Privatization Commission vide its O.M. dated 15-05-2012 has informed
that UBL prior to its privatization was owned and/or controlled by the
Government of Pakistan through State Bank of Pakistan and other
nominees (P-115/C);

ii) The Ministry of Law and Justice vide their O.M dated 12-07-2012 (Page-
116/C) has confirmed that at the time of termination of their (10x UBL
employees) services, the United Bank Limited was owned and/or controlled
by the Government of Pakistan through State Bank of Pakistan and was later
privatized on 19 October 2002, therefore, Section 6 of Sacked Employees
(Re- instatement) Act, 2010 is applicable in this case and under Section 6
(a) the Secretary, Establishment Division, being the employer of the sacked
employees, can entertain and re-instate such employees in accordance
with law”.

iii) The officer was reinstated into service by The Establishment Division
pursuant to Section 6, Section 4 (e) (i) and 4 (e) (ii) of the SER Act, 2010
(Page- 33/C).

iv) Reinstated into service of 10x officers of UBL (including Mr. Fiaz Hussain
Bhatti) and grant of one step higher scale BS-18 with the approval of
competent authority is under the provisions of Section 4 (a) of SER Act,
2010.

v) Mr. Fiaz Hussain Bhatti was permanently adjusted in Ministry of Commerce

with the approval of competent authority i.e. Secretary Establishment
Division vide notification
No.6-19/2014-RB dated 16-04-2015 (Page-37/C) against a regular reported
vacant post of Statistical Officer (BS-17).

99.
99. Submitted for consideration of Joint Secretary (Admn) and approval of the proposal
at
para-99/N. A draft O.M. is put up for approval please.

(Sanaullah
Mallah)
Section Officer
(RB-I)
DS (RB)
103. Reference Para 93/N-onward.

104. Ministry of Commerce may be informed that Mr. Fiaz Hussain Bhatti was adjusted
/posted in Ministry of Commerce against a regular reported vacant post of Statistical Officer
(BS-17) on permanent basis. The grant of one step higher scale BS-18 to the officer is covered
under Section 4 (a) of SER Act, 2010. As regards placing of his case before the Review Board
to re-examine ab initio, that Ministry may be informed that the officer was reinstated into
service by the competent authority i.e. Secretary, Establishment Division in terms of Section 6,
Section 4 (e) (i) and 4 (e) (ii) of SER Act, 2010. The referring Ministry may, however, consult
Law and justice Division for further clarification, if so desired.
105. Submitted for consideration of Joint Secretary (Admn) and approval of the proposal
at Para-104/N, as directed please. A draft O.M. is put up for approval please.

(Sanaullah
Mallah)
Section Officer
(RB-I)
DS (RB)
 -:12:-

48. Reference FR.

49. It is stated that Establishment Division vide O.M. No. 4-1(136)2014-RB dated
13-11-2014 requested for clarification regarding pension, gratuity benefits ETC. to the
sacked employees reinstated under the Sacked Employees (Reinstatement) Act, 2010.
50. Finance Division vide its O.M. No. F.17 (1)Reg-7/2010-439, dated 02-03-2015
replied as under:
Sr. # Question Reply
1. Whether intervening period from i. The employees who were appointed on
termination to reinstatement in contract basis during the said period, their
service of sacked employees who services would not be counted for pension
were appointed on contract basis purpose because contract service does not
adhoc basis or regular basis count for pension purpose, in terms of Article
during the period from 1st 361, 365 of CRS. Moreover, the intervening
November, 1993 to 30th November, period would also not count for pension in
1996 and were dismissed, removed term of Article 369 of CSR.
or terminate3d from service during
the period from 1st November, 1996 ii. The employees who were serving on regular
to 12 October, 1999 and reinstated basis before their termination can count the
under SER Act, 2010 can be counted period prior to termination towards pension
for pension purpose or otherwise after reinstatement in service under SER Act,
excluding the broken/ intervening period I
terms of Article CSR-369.

iii. The employees, who were appointed on adhoc

2. Para-4 of Establishment Division
letter referred regarding case of Mr.
Muhammad Ismail Ex-Officer
Grade-II of United Bank Limited
(equivalent to BS-17)
basis, the period/periods of adhoc service
without gap immediately followed by
reinstatement / regularization in service under
SER Act, can be regularized in terms of
Article 371-A of CSR. Provided that the
intervening period would not be counted for
pension in terms of Article 369 of CSR.
iv. A separate case in shape of sef-contained note
in the manner prescribed vide Finance
Division’s O.M. No.F.18(1) R-2/2002 dated 3-
5-2002 copy enclosed may be sent to IF Wing
of Finance Division for advice.
3. In regard to the query, as to who will
bear the pension contribution?
v. Finance Division’s O.M. No.5(5)R-7/79/1407
dated 15th December, 1981 says that in future,
the pension contributions in all cases shall be
payable by the foreign employers. However,
in the case of government servants presently
(as on the date of issue of O.M. i.e.15-12-
1981) on deputation to foreign service within
Pakistan or abroad, pension contribution shall
be paid by the foreign employers or the
government servants concerned, as the case
may be, according to the agreed terms of
deputation.

-:13:-

51. The clarification received from Finance Division was forwarded to Law and
Justice Division for their views / comments in the matter. The Law & Justice Division vide
its O.M. F .No.3(11)/2013-Coord dated.06-01-2016 informed that “Perusal of the record, it
is stated that this Division has already furnished its legal opinion that “under Section 14 of
the Sacked Employees (Reinstatement) Act, 2010, a sacked employee who was reinstated
and regularized under the said Act, on attaining the age of superannuation would be entitled
to service benefits, privileges, facilities and payment. The examination of Section 14 read
with Section 5 of the Act would show that the sacked employees of three categories, referred
to herein above are entitled to the above benefits etc in accordance with the rules and
procedure at par with the other regular employees. There is no ambiguity in law as the
position of all the three categories of the employees is quite clear by the language of Section
5 of the Act. The concerned quarter may act accordingly in pursuance of provisions and for
the protection of the right of the sacked employees being recognized under Sacked
Employees Act, 2010.” on clarification regarding pension, gratuity benefits etc, to the
employees reinstated under the Sacked employees (Reinstatement) Act 2010 vide letter No.
3(11)/2011-Coord dated 29-10-2013.This Division also endorses the clarification on the
subject given by the Finance
(Regulation Wing) issued vide O.M No.17 (1) Reg-7/2010-439 dated 02-03-2015. “

52. Submitted for kind information of JS (Admn), please.

(Sanaullah Mallah)
Section Officer (RB-I)
DS (RB)
 F. No. 6-48/2016-RB
GOVERNMENT OF PAKISTAN
ESTABLISHMENT DIVISION
(REVIEW BOARD)
*****

SUBJECT: Request for proper implementation of section 4 (a) & 16 along with other
enabling provisions of the Sacked Employees (Reinstatement) Act,
2010 as well as directions of Establishment Division issued time to
time in this regard.

________________________________________________________________

Page 1-7/Corr (Receipt)

Please examine.

Sd/-
Secretary
29-01-16
Sd/-
J.S (Admn)
29-01-16
2. For FNA.
Sd/-
D.S (Admn-II)
02-02-16

3. FR is a request received from seven reinstated sacked employees of Overseas

Pakistanis foundation (OPF), M/o Overseas Pakistanis and Human Resources Development.
The application is addressed to Secretary, M/o OP & HR for grant of one scale higher and
payment of all back benefits and a copy endorsed to Secretary Establishment.

4. In this regard, parawise comments in respect of Review Board are as under:

Para - 1 No comments

Para - 2 No comments

Para - 3 The employer i.e. M/o OP & HR reinstated 07x applicants. Agreed to the
extent of proviso made under SER Act, 2010.
Para - 4 Relates to M/o OP & HR. Agreed to the extent of provisions made under
section 4 (a) of SER Act, 2010.
Para - 5 Relates to M/o OP & HR. Agreed to the extent of provisions made under
Section 16 of SER Act, 2010.
Para - 6 Relates to M/o OP & HR. Agreed to the extent of provisions made under
section 4 (a) of SER Act, 2010. As regards implementation of orders passed by
Cabinet Sub-Committee, Establishment Division is dealing with the same. A
copy of Establishment Division's O.M. No. 5-43-2011-RB-1 dated 24-11-2011
is placed below at F/A.
Para - 7 Relates to Establishment Division
Para - 8 Relates to M/o OP & HR.

Para - 9 Relates to M/o OP & HR. Agreed to the extent of provisions made under
Section 16 of SER Act, 2010.
Para - 10 It is for the employer (M/o OP & HR) to provide relief to the sacked
(a) employees reinstated under the provisions of SER Act, 2010.

-do-

(b) - do-

(c) Relates to Establishment Division. The O.M. No. 5-43-2011-RB-1 dated 24-
11-2011 was issued with reference to directions passed by Cabinet Sub-
(d) Committee's meeting held on 13-09-2011 regarding pay fixation of sacked
employees.
(e) Relates to Establishment Division.

5. In view the above position, the employer i.e. M/o Overseas Pakistanis and Human
Resources Development may provide relief to the applicants under the provisions of SER
Act, 2010. it is proposed that in the first instance, comments of M/o OP & HR may be
obtained for better appreciation of this case. The applicants may, however, if feels
themselves aggrieved may get the desired relief from court of law, if so desired.

6. Submitted please. Comments etc. of the Establishment Division may also very kindly
be obtained before submission of the case to Secretary Establishment please.

(Sanaullah Mallah)
Section Officer (RB-I)
D.S (RB)
93. Reference PUC.
94 Briefly, case is that Mr. Fiaz Hussain Bhatti, OG-II, Ex UBL Officer was
reinstated in service w.e.f. 03-01-2011 by the Establishment Division in pursuance of
Section 6 of the SER Act, 2010.

95. The services of the officer were placed from 16-04-2015 at the disposal of
Ministry of Commerce, Islamabad for adjustment/posting against a regular vacant post of
Statistical Officer
(BS-17) on permanent basis (Page 82/C). He accordingly assumed charge of the post of
Statistical Officer (BS-17) in Ministry of Commerce on 23-04-2015 on permanent basis.
Later, pursuant to Section 4(a) of the SER Act, 2010 he was granted BS-18 (one step higher)
by the Establishment Division
w.e.f 03-01-2011, the date of his reinstatement into service. (P /C).

96 Ministry of Commerce has now informed that it approached to Finance Division

(FA’s Organization for creation of supernumerary post of Statistical Officer (BS-18) w.e.f
23-04-2015, the date he was granted BS-18. The FA’s Organization is of the view that
reinstatement case of
Mr. Fiaz Hussain Bhatti under the Reinstatement Ordinance may be referred back to
Review Board to re-examine ab-intio for further action.

97. The queries raised by FA’s Organization vide note dated 18-12-2015 (Page-113/C)
and our replies are as under:

S.No Queries raised by FA’s Organization Replies/ Clarification

1. In violation of the provision of the
Section 6 of the sacked employee
(reinstatement ordinance) 2009 the
above said officer reinstated in service
on 03-01-2011 as the United Bank
Limited do not fall under the definition
of Corporation Service, Autonomous or
Semi-Autonomous Body or in
Government Service. Furthermore, his
services were terminated during the
period November,1993 to the 30th
November,1996 (mentioned in the
reinstatement ordinance 2009) as there
is no order/date of his termination of
services is available in the record to
take how and why his service were
terminated.
a) Privatization Commission vide its
letter dated 15 May 2012 informed that
UBL prior to its privatization was owned
and/ or controlled by Government of
Pakistan through State Bank of Pakistan
and other nominees (P-115/C)
g) The Services of the following
Employees of UBL were terminated
w.e.f. 11 October, 1997 under a
“Retrenchment Scheme”
11) Mr. Riaz Ahmed Shaikh, Officer
Grade-II
12) Mr. Mohammad Khalil, Officer Grade-
II
13) Mr. Saif Ullah Butt, Officer Grade-II
14) Mr. Zia-ur-Rehman, Officer Grade-I
15) Mr. Mohammad Ismail, Officer Grade-
II
16) Mr. Fiaz Hussain Bhatti, Officer
Grade-II
17) Mr. Ishtiaq Ahmed, Officer Grade-II
18) Mr. Liaquat Ali, Officer Grade-III
19) Mr. Faqir Muhammad, Officer Grade-
III
 20) Mr.Tajammal Hussain Nisar, Officer
Grade-I

In view of above position reinstatement in

to service of 10 x officers of UBL
(including
Mr. Faiz Hussain Bhatti, Officer Grade-II
(equivalent BS-17)) is in accordance with
SER Act, 2010
2. As per notification of Establishment Relates to M/o Commerce which may
Division dated 31-08-2015 ( Refer page period copies of relevant info/does to the
13/C) the above named officer FA’s Organization.
reinstated into service on 03-01-
2011(copy not available in the record)
and assumed the charge of the post of
officer Grade-II (BS-18) in
Establishment Division on 03-01-2011.
The file is completely silent regarding
the service record of the officer for the
period 03-01-2011 to 31-8-2015.
3. As per notification of Establishment Mr. Faiz Hussain Bhatti, Officer Grade-II
Division (Refer page 12/cord) the above (equivalent to BS-17) a re-instated Sacked
said officer Grade-II equivalent to BS- Employee of defunct United Bank
17 reinstated sacked employee of Limited (UBL), is granted BS-18 (One
defunct United Bank Limited (UBL) Step Higher Scale) with w.e.f. 03-01-
was granted BS-18 (one step higher 2011, the date of his
scale) w.e.f 03-01-2011, the dated of his Re-instatement into service.
reinstatement in service.
4. For the sake of arguments,if the sacked Mr. Bhatti was reinstated into service
employees of the UBL comes under the w.e.f.. 03-01-2011 in terms of Section 6,
provision of the sacked employees Section 4(e) (i) and 4(e)(ii) of the SER
reinstatement Act,2010,and his services Act, 2010.
was accordingly reinstated than HOW Ministry of Law & Justice vide its O.M
COME the above said officer joined the No. dated 12-07-2012 informed
services in the Establishment Division Establishment Division that at the time of
as per rules he has to report back to his termination of their services, the United
parent organization i.e UBL and it is not Bank Limited was owned and / or
DEFUNCT FINANCIAL controlled by Government of Pakistan
INSTITUTION AND IS through Stated Bank of Pakistan and later
FUNCTIONING THROUGHT on was privatized on 19th October, 2002,
PAKISTAN AS WELL ABROAD. therefore, Section 6 of Sacked Employees
Re-instatement Act, 2010 is applicable in
this case and under Section 6(a) the
Secretary, Establishment Division, being
the employer of the Sacked Employees,
can entertain and re-instate such
employees in accordance with law (P-
116/C)

5. Upon the position referred to above As Grant of BS-18 (on Step higher Scale)
there is no question of the creation of and there is change in substantive Scale,
 the supernumerary post (BS-18) for the
above said officer in Ministry of
Commerce.
6. In addition to the above , FA’s
Organization is of the view that the
reinstatement ordinance 2009 may be
reffered back to Review Board,
Establishment Division to re-examine
the case ab-initio for further action,
please.
there appears no need creation of a
supernumerary post in BS-18.
Reinstatement of 10 x Sacked officer of
UBL is in accordance with Section 6 of
the SER Act, 2010. Law & Justice
Division also gave opinion that Section 6
of Sacked Employees Re-instatement Act,
2010 is applicable in this case and under
Section 6(a) the Secretary, Establishment
Division, being the employer of the
Sacked Employees, can entertain and re-
instate such employees in accordance with
law (p-116/C)
In view of above, there is absolutely no
need to referred back their cases to RB to
Re-examine ab-initio

In this regard, it is stated that :

viii. The Establishment Division already in consultation with Finance Division and
Law & Justice Division withdrew notification regarding grant of BS-18 (one
scale higher to reinstated contractual sacked employees).
ix. The UBL was privatized in terms of Privatization Commission’s Gazette Notification
dated 18-11-2002.
x. The Privatization Commission vide their O.M. dated 15-05-2012 (P /C) has
intimated that UBL prior to its privatization was owned and/or controlled by the
Government of Pakistan through State Bank of Pakistan and other nominees.

xi. The Ministry of Law and Justice vide their O.M dated 12-07-2012 has confirmed
that at the time of termination of their (10 x UBL employees) services, the United
Bank Limited was owned and/or controlled by the Government of Pakistan
through State Bank of Pakistan and was later privatized on 19 October 2002,
therefore, Section 6 of Sacked Employees Re-instatement Act, 2010 is
applicable in this case and under Section 6(a) the Secretary, Establishment
Division, being the employer of the sacked employees, can entertain and re-
instate such employees in accordance with law”.

xii. The officer was reinstated into service by The Establishment Division in pursuant to
Section 6, Section 4(e) (i) and 4 (e) (ii) of the SER Act, 2010.

xiii. Reinstated into service 10 x officer of UBL (including Mr. Fiaz Hussain Bhatti) One
scale higher BS-18 on reinstatement into service is granted to Mr. Fiaz Hussain
Bhatti under Section 4 (a) of SER Act, 2010 with the approval of competent
authority.

xiv. Mr. Fiaz Hussain Bhatti was permanently adjusted in Ministry of Commerce with the
approval of Secretary Establishment Division vide notification No.6-19/2014-RB

dated 16-04-2015 (P /C) against a regular reported vacant post of Statistical

 Officer (BS-17).

98. In view of above, Ministry of Commerce may be informed that Mr. Fiaz Hussain
Bhatti
was adjusted /posted in Ministry or Commerce against a regular reported vacant post of
Statistical Officer (BS-17) on permanent basis. The grant of one scale higher BS-18 under
Section 4(a) of SER Act, 2010 to the officer is only for the sake of monitory benefits. Since
grant of BS-18 is one scale higher and not “one step higher” (as mentioned by referring
Ministry in O.M. dated 31-12-2015), there is no need to create a supernumerary post and to
place his case before the Review Board.

99. Submitted for consideration of Joint Secretary (Admn) and approval of the proposal
at
para-98/N.

(Sanaullahd
Mallah)
Section Officer
(RB-I)

DS (RB)
 - 16 -

54. P U Cs (Page 71 to 73/C)

55. With the approval of competent authority orders have been issued for adjustment of
five (05) reinstated sacked employees in Ministry of Interior & Narcotics Control, Islamabad
(Page 60/corr). The Narcotics Control Division (ANF), has however, not accepted the joining
of all the five officials (Page 58/corr).

56. The Section Officer (SP), Management Services Wing, has now provided a copy of its
O.M No.29/1/2008-SP dated 05-01-2016 indicating the vacancy positions of the Ministry of
Religious Affairs and Interfaith Harmony, Islamabad for adjustment of 04 x reinstated sacked
employees.

57. We may adjust these employees against the above reported vacancy positions. The
following proposal is therefore, made for posting/permanent adjustment:

(A) Ministry of Religious Affairs and Interfaith Harmony, Directorate of Hajj

S.# Name of Employee Posting/Adjustment Proposed Ministry/Division/ Remarks
Orders Issued Earlier Department for Posting/
Adjustment
01. Mr. Muhammad Arif Ministry of Interior & Directorate of Hajj, Peshawar, Posting Order
s/o Noor Zada Narcotics Control, Ministry of Religious Affairs dated 28-09-2015
Assistant (BS-14) (ANF) Islamabad vide and Interfaith Harmony is to be cancelled
order No.6-19/2014-
RB dated 28-09-2015

-do-
02. Mr. Muhammad Shoaib Directorate of Hajj, Quetta, -do-
s/o Sher Jan Ministry of Religious Affairs
Assistant (BS-14) and Interfaith Harmony

03. Mr. KifayatUllah -do-

s/o MolviGulMuhammad Directorate of Hajj, Islamabad, -do-
Driver (BS-04) Ministry of Religious Affairs
and Interfaith Harmony
Mr. Umar Zada -do-
04. s/o Gulzada - Nil - -do-
Driver (BS-04)
-
05. Mr. Muhammad Arif Directorate of Hajj, Lahore,
s/o Muhammad Shafi Ministry of Religious Affairs -
Naib Qasid (BPS-02) and Interfaith Harmony

(B) Secretariat Training Institute, (STI), KPK

The Section Officer (SP) has also provided a copy of U.O No.9/3/2008-SP dated 05-01-2016
regarding adjustment of Syed Naiz Ali Shah s/o Hakeem Shah, Driver against a vacant post in Secretariat
Training Institute, (STI), KPK. We may issue his posting/adjustment orders.

(C) Islamabad Electric Supply Co. Ltd, Ministry of Water & Power
 The Ministry of Water & Power has issued NOC vide O.M No.10(141)/2013-Admn dated
08 January, 2016 for adjustment of Mr. Niaz Ahmed s/o Muhammad Sharif, LDC (BPS-07) in Islamabad
Electric Supply Company Limited. We may issue his posting/adjustment orders.

- 17 -

58. Approval of Secretary, Establishment Division is solicited for the proposal made at
Para 57/N please.

(Faaiz Aali
Gill)
Section Officer
(RB-II)
18 - 01 -2016
D.S (RB)
 - 80 -

258. Reference PUC (Page-13/C) and para 249/N-onward.

259. Briefly, case is that with the approval of the competent authority 25x reinstated
sacked employees adjusted in FBR. The FBR informed that following four (04) employees
have not reported for duty:
1. Mr. Pir Muhammad, Stenotypist (BS-14)
2. Mr. Abdul Wahid, Sub-Engineer (BS-11)
3. Mr. Bangar Khan, LDC (BS-02)
4. Mr. Gul Din, Naib Qasid (BS-02)
260. The FBR has also conveyed no objection in favour of following officials for
adjustment in place of above mentioned officials:
i) Mr. Tariq Mehmood s/o Muhammad Nawaz, LDC (BS-07)
(Parliamentary Secretary, Cabinet/Establishment Division requested the
Chairman FBR for Mr. Tariq's adjustment in FBR (Page-18/C); and
ii) Mr. Mumtaz Akbar s/o Muhammad Akbar, LDC (BS-07)
261. It is stated that with the approval of competent authority the above two officials have
been adjusted in M/o Interior and Establishment Division, respectively (Page 15 & 17/C).
262. In view of above, it is proposed that:
a) (i) FBR may be informed that Mr. Tariq Mehmood, LDC (BS-07) stands
absorbed/ permanently adjusted in M/o Interior and severed all
connections with Estt. Div. The FBR may requisition Mr. Tariq's services
from M/o Interior.
OR
(ii) Adjustment orders in FBR in respect of Mr. Tariq Mehmood may be
cancelled and fresh orders may be issued regarding his adjustment in
FBR.
b) As regards Mr. Mumtaz Akbar, LDC (BS-07), FBR may be informed that he
is absorbed/permanently adjusted in the Establishment Division and due
to acute shortage of staff, it is not possible to relieve him from this Division.
263. Submitted for consideration of Para 258/N-onward and approval of J.S (Admn) to
any of the proposals made at Para 262/N please. The matter may also kindly be placed
before Secretary Establishment for kind information, please.

(Muhammad
Aslam Khan)
Deputy Secretary
(RB)
J.S (Admn)
 No.
Government of Pakistan
Cabinet Division
Establishment Division
(Review Board)
*****
Subject: REUQEST FOR PROPER IMPLEMENTATION OF SECTIONS 4(A)
& 16 ALONGHWITH OTHER ENABLING PROVISIONS OF THE
SACKED EMPLOYEES (REINSTATMENT) SER ACT, 2010 AS WELL
AS DIRECTIONS OF ESTABLISHMENT DIVISION ISSUED TIME
TO TIME IN THIS REGARD

Reference PUC
2. The following officers were reinstated into service in the Overseas Pakistanis
Foundation by Ministry of Overseas Pakistnai and Human Rources Development in the year
2013 having retrospective from the year 2010 in the light of Sacked Employees
reinstatement SER Act, 2010

i. Imdad Hussain Shah S/o Nawab Din, Account Assistant OPF-4,

ii. Tariq Mehmood S/o Zabtay Khan, Accounts Assistant OPF-4,
iii. Shafqat Mehmood S/o Nazeer Ahmed, Jr. Instructor OPF-5,
iv. Rana M. Asif S/o Rana Nasrullah Khan, Jr. Instructor OPF-5,
v. Iftikhar Abbas S/o Amana Jr. Instructor OPF-5,
vi. Muhammad Bilal Akhtar S/o Akhtar Hussain, Jr. Instructor OPF-5,
vii. Hammad Raza S/o Saied Ahmed, Sr. Instructor OPF-6

2. The officials prayed as under:

S. NO. Prayer Relevant Laws and Rules Position Admissible

Section 4(a) SER Act, 2010.

a To follow the said Act and
extend the benefits of officials
one scale higher to their
substantive grade held by them
at the time of their termination of
the services as per the provisions
of sub section (a) of Section 4 of
the sacked employees
(Reinstatement) SER Act, 2010
a sacked employee appointed on
One scale hig
permanent or temporarily basis or regular
admissible to
or adhoc basis or otherwise in any
sacked emplo
corporation in Government Service
appointed
against a regular or temporary post shall
permanent
be reinstated and regularized in regular
temporary basis
service of the employer on on scale higher
regular or ad
to his substantive scale, grade, cadre,
basis.
group, post or designation, whatever the
case may be, held by the sacked employee
at the time of his dismissal, removal or
termination from service or at the time
forced golden hand shake was given to the
 sacked employees
Section 4(a) SER Act, 2010.
a sacked employee appointed on contract
basis against a regular or temporary post
and dismissed, removed or terminated
from service before or after expiry of the
contract period and whether or not he was
again appointed and allowed to complete
the period of contract, irrespective of the
fact that whether of letter or notification
for dismissal, removal or termination of
the sacked employee’s service or expiry of
the contract was issued or not, shall be
reinstated in regularized against a regular
post of the same scale, grade, cadre,
group, post of designation, whatever the
case may be, in regular service of the
employer.
b. To pay the officials all the As in Colum (a)
benefits of one scale higher to
their substantive grade held by
them a the time of their
termination of service till date,
c. To pay the officials monthly Section 4(a) SER Act, 2010.
installment at the rate of monthly 1. Each sacked employee, whether re-
pay & allowances payable at the instated in service of corporation r
time of disbursement of autonomous or semi-autonomous
installment vide date 27-02-2013 organization or Government under
as per provisions of section 16 of provisions of this Act, or
the Sacked Employee regularized, where sacked employee
(Reinstatement) SER ACT, 2010 is already taken back in service
under order of any tribunal or any
court including the Supreme Court
or a High court, shall be paid
compensation out of employer’s
own resources, without waiting for
any type of transfer or receipt of
funds from any other organization
or Ministry, equal to gross monthly
emoluments of three years., at the
rate of monthly pay and allowances
payable at the time of disbursement
of installment for the relevant post,
grade, cadre, group or designation,
whatever the case may be, in which
the sacked employee is being re-
instated or regularized, if already
taken back in service.
2. The emoluments under sub-section
(1) shall be paid to the sacked
employee in lump sum or in the
 following manner, namely:-
a) First installment equal to twelve
months emoluments shall be paid
immediately and shall not be
delayed beyond seven days of re-
instatement
b) Second installment equal to twelve
months emoluments shall be paid
immediately after payment of first
installment and shall not be delayed
beyond one hundred eighty days of
re-instatement.
c) Third installment equal to twelve
months emoluments shall be paid
immediately after payment of
second installment and shall not be
delayed beyond three hundred sixty
days of re-instatement.

3. Payment under sub-sections (1)

and(2) shall stand sanctioned and
approved under this Act and shall
not be subject to any type of further
approval or sanction from any
officer or the Board of Directors or
any other type of Board or from any
other authority of the autonomous
or semi-autonomous organization or
Ministry or Division concerned or
Finance Division.
4. The accountant General Pakistan
Revenue in relation to the
Ministries. Division or their
attached department or sub-ordinate
offices and any officer holding the
charge of budget, finance treasury
or accounts in relation to any
autonomous or semi-autonomous
organization shall not delay the
payment and shall ensure to effect
payment of the amount payable to
sacked employee under this Act,
within the time period as provided
under sub-section.

d. To give the officials all the

increments earned between the
period of his service and
reinstatement of the officials by
the fixation of pay on point to
 point basis as per para no. 2 of
office Memorandum bearing no.
5-43-2011-RB-1 dated 24-11-
2011 and to remove the
discriminatory treatment to the
officials
e. To obey the direction contained
in Para-93 & 94 of the Minutes
of Meeting of Cabinet Sub-
Committee issued vie dated
13-9-2011
 -:24:-

93. Reference PUC.

94 Briefly, case is that Mr. Fiaz Hussain Bhatti, OG-II, Ex UBL Officer was
reinstated in service w.e.f. 03-01-2011 by the Establishment Division in pursuance of
Section 6 of the SER Act, 2010.

95. The services of the officer were placed from 16-04-2015 at the disposal of
Ministry of Commerce, Islamabad for adjustment/posting against a regular vacant post of
Statistical Officer
(BS-17) on permanent basis (Page 82/C). He accordingly assumed charge of the post of
Statistical Officer (BS-17) in Ministry of Commerce on 23-04-2015 on permanent basis.
Later, pursuant to Section 4(a) of the SER Act, 2010 he was granted BS-18 (one step higher)
by the Establishment Division
w.e.f 03-01-2011, the date of his reinstatement into service. (P /C).

96 Ministry of Commerce has now informed that it approached to Finance Division

(FA’s Organization for creation of supernumerary post of Statistical Officer (BS-18) w.e.f
23-04-2015, the date he was granted BS-18. The FA’s Organization is of the view that
reinstatement case of
Mr. Fiaz Hussain Bhatti under the Reinstatement Ordinance may be referred back to
Review Board to re-examine ab-intio for further action.

97. In this regard, it is stated that :

xv. The UBL was privatized in terms of Privatization Commission’s Gazette Notification
dated 18-11-2002.
xvi. The Privatization Commission vide their O.M. dated 15-05-2012 (P /C) has
intimated that UBL prior to its privatization was owned and/or controlled by the
Government of Pakistan through State Bank of Pakistan and other nominees.

xvii. The Ministry of Law and Justice vide their O.M dated 12-07-2012 (P /C) has
confirmed that at the time of termination of their (10 x UBL employees) services,
the United Bank Limited was owned and/or controlled by the Government of
Pakistan through State Bank of Pakistan and was later privatized on 19 October
2002, therefore, Section 6 of Sacked Employees Re-instatement Act,
2010 is applicable in this case and under Section 6(a) the Secretary,
Establishment Division, being the employer of the sacked employees, can
entertain and re-instate such employees in accordance with law”.

xviii. The Establishment Division pursuant to Section 6, Section 4 (e) (i) and 4 (e) (ii) of
the SER Act, 2010 reinstated into service 10x officers of UBL (including Mr.
Faiz Bhatti).

xix. One scale higher BS-18 on reinstatement into service is granted to him under Section
4 (a) of SER Act, 2010 with the approval of competent authority.
 -:25:-

98. In view of above, Ministry of Commerce may be informed that Mr. Fiaz Hussain
Bhatti
was adjusted /posted in Ministry or Commerce against a regular reported vacant post of
Statistical Officer (BS-17) on permanent basis. The grant of one scale higher BS-18 under
Section 4(a) of SER Act, 2010 to the officer is only for the sake of monitory benefits. Since
grant of BS-18 is one scale higher and not “one step higher” (as mentioned by referring
Ministry in O.M. dated 31-12-2015), there is no need to create a supernumerary post and to
place his case before the Review Board.

99. Submitted for consideration of Joint Secretary (Admn) and approval of the proposal
at
para-98/N.

(Sanaullah Mallah)
Section
Officer (RB-I)
DS (RB)
-04-
11. Reference para 6 to 8/N.
12. The Succession and Heir ship Certificates issued by Senior Civil Judge, Khushab
submitted by the widow of Late Sanaullah Khan, in original vide her application dated nil
received in RB Section on 26-01-2016 placed at page - /C. Ms. Noreen Akhtar the
widow of late Sanaullah Khan has requested for payment of benefits provided in Prime
Minister’s Assistance Package i.e lump sum grant, Children Education expenses, Job etc
.

13. Late Sanaullah Khan, LDC (BPS-07 was reinstated into service under SER Act, 2010
w.e.f 01-02-2011. He died in service on 11-06-2015. His date of superannuation was 25-
01-2030.

14. In order to provide relief to the families of government employees who die in service
Assistance Package approved by the Prime Minister of Pakistan vide O.M No.8/10/2013-E-
2(pt) dated 04-12-2015 a lump sum grant of Rs.900,
0 - (Rupees Nine Hundred Thousand only) is admissible to the family of Government
employee of BPS-05 to 10 who die in service w.e.f 09 February, 2015. The
Regulation Wing of Establishment Division vide para 52 to 57/N of file No.1(110)/2011/RB-
I ( in the case of late Muhammad Munir, Stenotypist reinstated under SER Act, 2010) has
already confirmed admissibility of this assistance grant to the legal heirs for the families of
government employees who were reinstated under the Sacke
d Employees Reinstatement Act, 2010 and died in service after their reinstatement.

15. In pursuance of Assistance Package for Families as mentioned above, it is proposed

that we may make payment of lump sum grant of Rs.900,000/- (Rupees Nine Hundred
Thousand only) to the family of Late Sanaullah Khan,
DC (BPS-07). Before submission to the Secretary Establishment Division for approval,
Section Officer (Cash/DDO) may be requested to examine the case and confirm the
availability of funds for the purpose during current financial yea
r 2015-16, please.

(Sanaullah Mallah)
Section Officer (RB-I)
DS (RB)

DS(Admn-II)
93. Reference PUC.

94 Briefly, case is that Mr. Fiaz Hussain Bhatti, OG-II, Ex UBL Officer was reinstated
in service w.e.f. 03-01-2011 b
y the Establishment Division in pursuance of Section 6
 -:05:-

21. PUC refers to Writ Petition No. 9103/2015 filed by Ghulam Qadir Kaladi, LDC
(BS-07), in Islamabad High Court. Honorable Court vide order dated 21-12-2015 (P-3/C)
has directed to decide the representation of petitioner within one month. Petitioner, in his
representation dated 03-07-2015 (P-18/C) contends that he should be reinstated with from
2011 along with back benefits.
22. Facts of the case are that, petitioner, as per available record, was a sacked
employee of Peoples Work Program (PWP). He was reinstated on the recommendation of
Cabinet
Sub-Committee in meeting held on 29-01-2013 (P-16-17/C). Cabinet Sub-Committee’s
order is reproduced below:

“The Cabinet Sub-Committee was informed by the Establishment

Division that there is one ex-LDC of Peoples Works Programme namely
Mr. Ghulam Qadir Kaladi and his case falls under the provisions of the
Sacked Employees (Reinstatement) Act, 2010 but he is not having the
proof to the effect that he had applied for reinstatement within 90 days
as per directions of the Law. The cabinet Sub-Committee discussed and
approved the regularization of the services of Mr. Ghulam Qadir
Kaladi, Ex-LDC of the Peoples Works Programme of the defunct
Ministry of Local Government and Rural Development with immediate
effect and with no back benefits as a hardship case.

23. In view of the order of the Cabinet Sub-Committee and with approval of
Secretary, Establishment Division (Para 22-31/N(LF). The petitioner was reinstated into
service vide office order dated 12-04-2013 with no back benefits (Page-18/C) (F/B).

24. Mr. Kaladi filed WP No. 4103/2015 in Islamabad High Court, Islamabad (P-8-
15/C) for reinstatement in service from 2011 instead of 2013 with all back benefits. The
Honorable Islamabad High Court passed order that (P-3/C):
"The petitioner only seeks direction for expeditious disposal of
representation filed by him on 03-07-2015 as he also submitted reminder
on 03-12-2015 but till today, no initiative is taken by the respondents.
Considering trivial issue raised through this writ petition, there is no
need to issue notice to the respondents which is sheer wastage of precious
time of the Court. Therefore, respondents are directed to decide the
representation filed by the petitioner on 03-07-2015 within a period of
one month.
With these directions, instant writ petition is disposed off".

25. In this regard it is stated that in July 2015, the official (Mr. Kaladi) submitted an
application to the Secretary, Establishment Division requested therein that he may be
reinstated in service from 2011 rather than 2013 with back benefits. The then Deputy
Secretary (RB) recorded minutes that "I have gone through his case. This case has
already been dealt with in depth. The CSC had reinstated him with no back benefits
despite he had not applied within stipulated period. No Further action is required by
R.B. Please file"(F/C linked file).
26. It is clear that the Cabinet Sub-Committee, despite the fact that application of Mr.
Kaladi was time barred i.e. not received within 90 days of enactment of SER Act, 2010, not
only considered the same but also reinstated him in service as a "hardship case" but with no
back benefits.

:6:

27. Mr. Ghulam Qadir Kaladi who has since been adjusted in Establishment Division
as LDC may better get relief from any forum, if so desired.

28. Submitted for kind consideration/information of J.S (Admn), please.

(Faaiz
Aali Gill)
Section
Officer (RB-II)
DS (RB)
 No. 1(159)/2011-RB
Government of Pakistan
Cabinet Division
Establishment Division
(Review Board)
*****

Subject: REQUEST FOR CANCELLATION POSTING ORDERS OF

MR. MUHAMMAD SAEED S/O MUHAMMAD NAWAZ,
LDC (BS-07).

Reference PUC.

2. Mr Muhammad Saeed s/o Muhammad Nawaz, previously working as LDC (BS-

07) in the defunct Peoples Works Program reinstated into service w.e.f. 10-01-2011 in terms
of section 6 of
SER Act, 2010.

3. The services of Mr. Muhammad Saeed, LDC (BS-.07) were placed at the
disposal of Establishment Division for permanent absorption/adjustment against regular
vacant post vide Officer Order No. 6-19/2014-RB dated 08-12-2015.

4. Mr. Muhammad Saeed has requested to cancel his posting order in this Division
for permanent absorption as he wished to be posted out near his home as he could manage
the affairs of his home.
5. In view of above, it is proposed that the posting order said official may be
cancelled

7. Approval of the JS (Admn) is solicited for proposal contained at para-6, please

(Sanaullah
Mallah)
Section
Officer (RB-I)
DS (RB)
 No. 1(128)/2011/RB
Government of Pakistan
Cabinet Division
Establishment Division
(Review Board)
*****

Subject: REPATRIATION OF MR. QAMAR ABBAS, STENOTYPIST

(BS-14), REINSTATED SACKED EMPLOYEE.

Reference PUC.
2. Mr. Qamar Abbas s/o Muhammad Nawaz Lak, Stenotypist (BS-14),
previously working as stenotypist (BS-12) in the defunct Peoples Works Program reinstated
into service
w.e.f. 07-3-2011 in terms of section 6 of SER Act, 2010.

3. The services of Mr. Qamar Abbas, Stenotypist (BS-14) were placed at the
disposal of Ministry of Railways (Railway Board) for absorption on permanent basis against
vacant post.

4. Ministry of Railways (Railway Board) informed that Mr. Qamar Abbas

remained absent from duty 05-11-2015 to 01-12-2015. He reported to Ministry of Railways
with his brother on 02-12-2015 and his brother told them that Mr. Qamar Abbas is a
Psycho/Schizophrenia patient and is unable to continue his service. The official was referred
to medical board to clarify his health. The Divisional Medical Officer Pakistan Railways,
Rawalpindi which declared that “Being diagnosed case of Schizophrenia, a disease which
requires long treatment”. The Medical board declared him unable to continue service in
Pakistan Railways.

5. Ministry of Railways (Railway Board) repatriated Mr. Qamar Abbas to

Establishment Division.

6. In this regard it is stated that the services of Mr. Qamar Abbas placed at the
disposal of Ministry of Railways (Railway Board) for absorption on permanent basis against
the regular vacant post in the Ministry of Railways. He severed all connections with
Establishment Division and is no more an employee of Establishment Division so Ministry
of Railways may be informed to take further necessary action under the rules as per draft
placed below.

7. Submitted for kind approval of JS(Admn), please.

(Sanaullah
Mallah)
Section
Officer (RB-I)
DS (RB)
 -:2:-

5. Reference PUC (P-1A/C). Mr. Sheikh Saeed Ahmed, ex-employee of Habib Bank of
Pakistan has file the subject constitution petition in the Islamabad High Court for
reinstatement under Sacked employees (Re-instatement) Act, 2010.

6. In this regard draft parawise comments on behalf of respondent No.1 are put up for
approval of JS(Admn), please.

(Faaiz Aali
Gill)
Section Officer
(RB-II)
DS (RB)
 IN THE HIGH COURT OF ISLAMABAD

W.P.NO. 7413
Date 20/01/2016

Sheikh Saeed Ahmad, Ex-officer Grade-III, HBL, C/o M. Ayub Khan, VP, SME Bank
Ltd, Head Office, 6-F, Sector F-6/1, Nazimuddin Road, Islamabad.

Petitioner
Versus

3) Federation of Pakistan, Through Secretary Establishment Division,

Government of Pakistan, Main Secretariat Constitutional Avenue, Islamabad.

4) National Bank of Pakistan Through President, Head office I.I.

Chundrigar Road, Karachi.

Respondents
Writ Petition No. 147-2016

PARAWISE COMMENTS ON BEHALF OF RESPONDENT NO. 1

PARA NO.
COMMENTS.
FACTS
Para - 1 No comments. Relates to respondent No. 2
Para - 2 Agreed to the extent of definition of Sacked employees provided under Section
2(f)(i) (ii),(iii), (iv), (v) and (vi) of SER Act, 2010
Para - 3 Denied. The composition of the Sacked Employees’ Review Board as per
definition under Section 12 of SER Act, 2010 is:
Establishment of Sacked Employees’ Review Board.-
(1) There is hereby established a Sacked Employees’ Review Board
consisting of five members including a Joint Secretary or any other officer
equivalent to Joint Secretary or a BPS-20 officer from-
(i) Establishment Division;
(ii) Ministry of Law and Justice;
(iii) Ministry of Finance; and
(iv) the Ministry under which the sacked employee or his employer was
working on the day of enactment of this Act,

and as its head a Chairman, who shall be a person who is a retired Judge of the
 Supreme Court or of a High Court and appointed by the Federal Government
to review the cases of sacked employees as provided in
section 11.

(2) The Chairman of the Sacked Employees’ Review Board shall be

appointed on full time basis, who shall hold office till the time none of the
petitions remains pending.

Any forum / Committee etc. other than the Sacked Employees’ Review
Board is empowered to exercise the jurisdiction and authority of the SER Act,
2010. The case of petitioner was duly considered by the Review Board in its
meeting held 28-05-2015 and passed order that:

“After hearing the petitioner in detail. It appears that when Review

Board was nonfunctional his case was taken up by Sub-Committee of
the Cabinet who order directing the Establishment Division to
reinstatement him. The Establishment Division instead of reinstating
him, re-directed the petitioner to appear before the Review board as
by that time the Review Board has become functional. Today no one
from the HBL is present they have sent a fax letter addressed to
Section Officer (Mr. Muhammad Younas) declining to send their
representative on the ground that HBL has become a Private Limited
Company since 05-03-2004 AND THERFORE, THE PROVISION
OF Sacked employees (Reinstatement) Ac, 2010 are in-applicable to
their case let opinion be solicited from, the Secretary. Finance
Division regarding as status of HBL ex-employees because if
petitioner is ordered to reinstated HBL will be legally obliged to
reinstate him”.
In the said meeting, opinion was solicited from Secretary Finance
Division regarding status of HBL (Annex-A). Finance Division in O.M dated
19-09-2015 gave opinion that case of petitioner does not fall within purview of
SER Act, 2010, because HBL stood privatized in 2004 and the said Bank is not
controlled /owned by Federal Government (Annex-B).
Para - 4 Same as in para-3
Para - 5 Same as in para-3
Para - 6 No Comments
Para - 7 Same as in para-3
Grounds
F. Relates to Establishment Division.
G. Section 6 (a) of SER Act 2010, Provision that
“The Secretary Establishment Division shall be treated as the employer of the sacked
employee for purpose of section 3, who shall, within fifteen days of application filed
by the sacked employee under section 3, re-instated the sacked employee or shall
take him back in service if the sacked employee’s employer was closed, disbanded or
wound up irrespective of the fact that whether letter or notification was issued for
service status of the sacked employee and shall adjust, absorb and regularize the
sacked employee in service of the Federal Government in case of employer of the
sacked employee was a Ministry or Division or a Government department or any
organization not being autonomous or semi-autonomous organization, and shall
adjust, absorb and regularize the sacked employee in service of any autonomous or
semi-autonomous organization, where employer of the sacked employee was an
autonomous or semi-autonomous organization, with effect from the date of
enactment of this Act:
H. Relates to Establishment Division.
I. As in Para-3. The Authority regarding reinstatement in service of any sacked
employee vests only in Review Board under SER Act, 2010. Any other forum or
Committee other than Review Board is corum non-Judice under SER Act 2010
J. The Cabinet Sub-Committee passed order:
“The Cabinet Sub-Committee discussed the case of reinstatement of Sh. Saeed
Ahmed and in view of the absence of the Chairman, Review Board and Provision of
Section 6(d) of the sacked Employees (Reinstatement) Act, 2010, approved the case
of reinstatement of the services of
Sh. Saeed Ahmed ex-Officer Grade-III (PA No. 2624123 HBL) and directed to
Establishment Division to reinstated him keeping in view Section 6(a) of the Sacked
employees (Reinstatement) Ac, 2010.

The Review Board passed orders:

“After hearing the petitioner in detail. It appears that when Review Board was non-
functional his case was taken up by Sub-Committee of the Cabinet who order
directing the Establishment Division to reinstatement him. The Establishment
Division instead of reinstating him, re-directed the petitioner to appear before ht e
Review Board as by the time the Review Board has became functional. Today no one
from the HBL is present they have sent a fax letter addressed to Section Officer (Mr.
Muhamad Younas) declining to sent their representative on the ground that HBL has
become a Private Limited Company since 5-3-2004 and therefore, the provision of
Sacked Employees (Reinstatement) Act, 2010 are in-applicable to their case lot
opinion be solicited from the Secretary, Finance Division regarding as status of HBL
ex-employees because if petitioner is ordered to reinstated HBL will be legally
obliged to reinstate him.
(meeting held on 28 May 2015).
“There is an order by Cabinet Sub-Committee wherein case of the petitioner was
approved for reinstatement under Section 6(a) of Sacked Employees (Reinstatement)
Act, 2010 with the direction to the Secretary, Establishment Division to reinstate the
petitioner in terms of Section 6(d). Petitioner stats that despite this order he has not
been reinstated. He is better advised to approach the court of law seeking
implementation of order, Stand disposed off.
 (meeting held on 19 October2015)
The Review Board never passed an order for reinstatement in service of the
petitioner.

Prayer:

In light of above, it is respectfully prayed that:

f

A. Instant writ petition may kindly be dismissed/disposed off as Review Board

though considered twice appellant’s petition for reinstatement in service but
never passed order for his reinstatement.
B. Section 13(8) of SER Act, 2010 provides that:
“The order of the Sacked Employees’ Review Board passed on the review petition
under
sub-section (5) or (6) or the sacked employee stood re-instated and regularized
under
sub-section (7) shall be final and shall not be called in question in any court,
Authority or tribunal”.
C. As in Para A & B above
D. As in Para A & B above
E. The Cabinet Sub-Committee passed order
“There is an order by Cabinet Sub-Committee wherein case of the petitioner was
approved for reinstatement under Section 6(a) of Sacked Employees (Reinstatement)
Act, 2010 with the direction to the Secretary, Establishment Division to reinstate the
petitioner in term of Section 6(b). Petitioner states that despite this order he has not
been reinstated. He is better advised to approach the Court of Law seeking
implementation said order. Stands disposed off”.
Review Board in its meeting dated decided

Keeping in view that Review Board has twice considered petition of Mr. Sheikh Saeed
Ahmed
for reinstatement in service but never passed order for his reinstatement. The Honorable
Court is requested to kindly dispose off the instant writ petition..

On behalf of Respondent No. 1

 -:18:-

79. PUC is an application submitted by Mr. Aamir Khurshid Burney, Transport

Assistant, regarding cancellation of EOL.

80. Briefly, with the approval of competent authority the official was granted EOL
w.e.f. 07-09-2015 to 06-09-2017 vide Officer Order No. 5/17/2011-RB-II dated 10-08-2015.
(Para 69-77/C) The official could not avail himself the sanctioned leave due to his domestic
problems and requested for its cancellation.

81. Approval of the JS (Admn) is solicited for cancellation of two years EOL in
respect of
Mr. Aamir Khurshid Burney, please.

(Sanaullah
Mallah)
Section
Officer
(RB-I)
DS (RB)
 -:12:-

30. Reference FR.

31. Director Human Rights Cell Supreme Court of Pakistan vide HRC No. 4999-
S/2015 dated 30-12-2015 asked for report on an application submitted by Mst. Sofia, widow
of Muhammad Moosa (late), Naib Qasid, a reinstated sacked employee of defunct Peoples
Works Program.

32. In her application, she has requested for the following:

i. Family pension & gratuity Group Insurance, 12 months lump-sum salary of the
deceased at an early date.

ii. To award Rs.200,000/- (two hundred thousand only) as death compensation,

allotment of plot in Islamabad and job for her son Muhammad Tahir s/o deceased
Muhammad Moosa as per Assistance Package for family of the Government
Employee who died in service.

33. The payment of salary w.e.f. 1/10/2012 to 7/12/2012 was due from AGPR against
cheque No. 4170867 dated 4/1/2013. The same amount was refunded into Government
Treasury by the Cashier after lapse of almost Eight months as no one appeared to claim the
same. Therefore, fresh sanction of RS.200,000/- (two hundred thousand only) during current
financial year is required to be issued.

34. The claims /requests by Mst. Safia widow of late Muhammad Moosa and
admissibility under Prime Minister’s family package by Establishment Division vide O.M
No. 7/40/2005-E-2,
dated 13-06-2006 is given below;
Sr. Claim of Mst. Sofia Admissibility under PM’s
No Assistance Package
1. Salary with w.e.f. 06-10-2012 to
06-12-2012
2. Family Pension
3. Gratuity
4. Group Inssurance
5. 12 months lum-sum salary
6. Death Compensation
7. Allotment of plot at Islamabad
8. Job for deceased son or any other
member of the family

35. It is stated that Establishment Division vide O.M. No. 4-1(136)2014-RB dated
13-11-2014 requested for clarification regarding pension, gratuity benefits ETC. to the
sacked employees reinstated under the Sacked Employees (Reinstatement) Act, 2010.
 -:13:-
36. Finance Division vide its O.M. No. F.17 (1)Reg-7/2010-439, dated 02-03-2015
replied as under:
Sr. # Question
1. Whether intervening period from
termination to reinstatement in
service of sacked employees who
were appointed on contract basis
adhoc basis or regular basis
during the period from 1st
November, 1993 to 30th November,
1996 and were dismissed, removed
or terminate3d from service during
the period from 1st November, 1996
to 12 October, 1999 and reinstated
under SER Act, 2010 can be counted
for pension purpose or otherwise
2. Para-4 of Establishment Division
letter referred regarding case of Mr.
Muhammad Ismail Ex-Officer
Grade-II of United Bank Limited
(equivalent to BS-17)
3. In regard to the query, as to who will
bear the pension contribution?
Reply
i. The employees who were appointed on
contract basis during the said period, their
services would not be counted for pension
purpose because contract service does not
count for pension purpose, in terms of Article
361, 365 of CRS. Moreover, the intervening
period would also not count for pension in
term of Article 369 of CSR.
ii. The employees who were serving on regular
basis before their termination can count the
period prior to termination towards pension
after reinstatement in service under SER Act,
excluding the broken/ intervening period I
terms of Article CSR-369.
iii. The employees, who were appointed on adhoc
basis, the period/periods of adhoc service
without gap immediately followed by
reinstatement / regularization in service under
SER Act, can be regularized in terms of
Article 371-A of CSR. Provided that the
intervening period would not be counted for
pension in terms of Article 369 of CSR.
iv. A separate case in shape of sef-contained note
in the manner prescribed vide Finance
Division’s O.M. No.F.18(1) R-2/2002 dated 3-
5-2002 copy enclosed may be sent to IF Wing
of Finance Division for advice.
v. Finance Division’s O.M. No.5(5)R-7/79/1407
dated 15th December, 1981 says that in future,
the pension contributions in all cases shall be
payable by the foreign employers. However,
in the case of government servants presently
(as on the date of issue of O.M. i.e.15-12-
1981) on deputation to foreign service within
Pakistan or abroad, pension contribution shall
be paid by the foreign employers or the
government servants concerned, as the case
may be, according to the agreed terms of
deputation.
 -:14:-

37. The clarification received from Finanace Division was farwarded to Law and
Justice Division for their views / comments in the matter. The Law & Justice Division vide
its O.M. No. ……… dated.06-01-2016 inter-alia informed that “-------“

38. Fresh approval of the Secretary Establishment Division, being the principal
Accounting Officer may be solicited for payment of lump sum grant amounting to
Rs.200,000/- as Assistance Package to the family of late Muhammad Moosa, Naib Qasid
(BS-02) who died in service.

(Sanaulla
hd
Mallah)
Section Officer (RB-I)

DS (RB)
 -:5:-

21. PUC is a letter dated 21-01-2016 of Prime Minister’s Public Affairs and
Grievances Wing, Ministry of Parliamentary Affairs, Islamabad forwarding application of
Mr. Ejaz Hussain S/o
Fazal Hussain addressed to the Prime Minster of Pakistan regarding reinstatement under
SER Act, 2010.

22. According to the applicant he was appointed/joined 25-07-1990 as Lab Attendant

in Petroleum Testing Centre Multan and terminated from service on 13-03-1995.(P-49/C)

23. In this regard it is stated that the SER Act, 2010 was enacted on 08-12-2010 to
provide relief to persons who were appointed in a corporation service or autonomous or
semi-autonomous bodies or in Government service during the period from the 1 st day of
November, 1993 to the 30 th day of November, 1996 (both days inclusive) and were
dismissed, removed or terminated from service during the period from the 1 st day of
November, 1996 to the 12 day of October, 1999 (bot days inclusive). Further, under section
3(1), a sacked employee is required to file an application within ninety (90) days of the
enactment of SER Act, 2010 (P-57/C).

24. Mr. Ejaz Hussain submitted petition on 14 Jan, 2016 for reinstatement in service
to PM Secretariat after about four years and ten months of the cutoff date i.e. 07-03-2011 as
admissible under the SER Act, 2010.

25. As request for reinstatement in service of Mr. Ejaz Hussain S/o Fazal Hussain
does not
covered under SER Act, 2010, the Prime Minister’s Public Affairs and Grievances Wing,
Ministry of Parliamentary Affairs, Islamabad may be informed accordingly as per draft
placed below.

26. Submitted for approval of JS (Admn), please.

(Sanaullah
Mallah)
Section
Officer (RB-I)
DS (RB)
 -:12:-

28. Reference FR,

29. Mr. Muhammad Zahir Shah, Project Director (BPS-17) of the defunct Peoples
Works
Program reinstated into service w.e.f. 12-01-2011 under SER Act, 2010.(P-01/C)

30. He remained admitted in Cardiology Department of Rehman Medical Institute,

Peshawar from 07-04-2015 to 10-04-2015 in emergency. He was diagnosed acute coronary
syndrome. Emergency Certificate is at (Page-48/C).

31. An expenditure of Rs.571,119/- has been incurred on account of Lab Charges, stay
Charge, Cath Lab Pharmacy, Ward Pharmacy, Hospital Charges, Procedure Fee etc
prescribed by the treating doctor.(Page-50/C)

32. Mr. Muhammad Zahir Shah has requested for reimbursement of Rs.571,119/-
incurred on his own treatment in Rehman Medical Institute, Hayatabad Peshawar (P-46/C). .
The bill/ claim is signed by Professor of Cardiology of the Institute and countersigned by
Civil Surgeon, Medical Centre for Federal Government Servant, Peshawar, the Authorized
Medical Attendant (AMA) in this case (P-47/C).

33. Capital Administration & Development Division, Islamabad has informed that the
claim is covered under the Medical Attendance Rules, 1990 & subsequent Guidelines of
Ministry of Health and recommended reimbursement to the officer (P-45/C).

34. Section 14 of the SER Act, 2010 provides every type of service benefits, privileges,
facilities or payment during service and after retirement to a reinstated sacked employee.

Further, Section 14 of the SER Act, 2010 provides:

“Promotion and other benefits, privileges, facilities and payments

admissible to sacked employees during future Service.- Subject to
provisions of this Act, sacked employees once placed in seniority list
of the employer, shall be entitled to further promotion and every
type of service benefits, privileges, facilities or payments during his
service and after retirement, which shall effect, not before his
attaining the age of superannuation, unless otherwise he himself
intends to retire under prevailing rules, but not in result of any
instigation or any king of pressure over him to request for voluntary
retirement.”

35. In view of above, and with approval of JS(A), Law & Justice Division was requested
to advise Establishment Division admissibility of reimbursement of medical treatment
charges to the reinstated sacked employees under SER Act, 2010 (P-59/C), the advice
given by the Law & Justice Division is reproduced as under:

The employees having been reinstated in service will now be

governed by the Federal Services Medical Attendance Rules 1990
having been made by Ministry of Health. The referring Division are
 advised to settled the case in the light of aforesaid rules in
consultation with Ministry of Health (P-60/C).

-:13:-

36. Foregoing in view, reimbursement claim of Mr. Mr. Muhammad Zahir Shah, Project
Director (BPS-17) amounting Rs.571,119/- on account of self-medical treatment may
kindly be placed before Secretary Establishment Division for consideration and approval
and signatures the said medical reimbursement bill is placed at flag (F/A) please.

(Sanaullah
Mallah)
Section Officer
(RB-I)
DS (RB)
 -:05:-

21. PUC refers to writ petition No. 9103/2015 filed by Ghulam Qadir Kaladi, LDC
(BS-07), in Islamabad High Court. Honorable Court has directed to decide the
representation of petitioner within one month. Petitioner, in his representation dated 03-07-
2015 contends that he should be reinstated with w.e.f. 2011 alongwith back benefits.(P-
01/C)

22. Facts of the case are that petitioner, as per available record, was a sacked
employee of Peoples Work Program (PWP) (P-24/N). He was reinstated on recommendation
of Cabinet
Sub-Committee’s meeting held on 29-01-2013. The Sub-Committee approved the
reinstatement of petitioner as hardship case with no back benefits (P-A/C). Consequently,
office order was issued for reinstatement of petitioner on 12 April 2013 in which it was
explicitly written that petitioner is reinstated w.e.f. 29-01-2013 with no back benefits (F/B).

23. Cabinet Sub-Committee’s order is clear regarding reinstatement in service of the

petitioner which is reproduced below:

“The Cabinet Sub-Committee was informed by the Establishment

Division that there is one ex-LDC of Peoples Works Programme namely
Mr. Ghulam Qadir Kaladi and his case falls under the provisions of the
Sacked Employees (Reinstatement) Act, 2010 but he is not having the
proof to the effect that he had applied for reinstatement within 90 days as
per directions of the Law. The cabinet Sub-Committee discussed nd
approved the regularization of the services of Mr. Ghulam Qadir Kaladi,
Ex-LDC of the Peoples Works Programme of the defunct Ministry of
Local Government and Rural Development with immediate effect and
with no back benefits as a hardship case.

24. The Honorable Islamabad High Court passed order that:

The petitioner only seeks direction for expeditious disposal of

representation filed by him on 03-07-2015 as he also submitted reminder
on 03-12-2015 but till today, no initiative is taken by the respondents.
Considering trivial issue raised through this writ petition, there is no
need to issue notice to the respondents which is sheer wastage of precious
time of the Court. Therefore, respondents are directed to decide the
representation filed by the petitioner on 03-07-2015 within a period of
one month.

With these directions, instant writ petition is disposed off.

25. In view of the order of the Cabinet Sub-Committee with approval of Secretary,
Establishment Division (P-11-20/N). The petitioner was reinstated into service vide office
order
(F/A).
 -:06:-

26. Foregoing in view, request of petitioner for his reinstatement in service from
2011 instead of 2013 and grant of back benefits is not covered under Section 19 of SER Act,
2010.

Reinstated employees not to claim other service benefits:-

Any sacked employee in corporation or autonomous or semi-
autonomous organization or government service who is re-instated
under this Act shall not be entitled to claim seniority or arrears of
pay or other services benefits save as provided in this Act.

The petitioner may be informed accordingly as per draft place below.

27. Submitted for consideration of para-26/N onward and approval of proposal made at

para-26/N by JS (Admn), please.

(Faaiz
Aali Gill)
Section
Officer (RB-II)
DS (RB)
 No. 5(16)/2015/RB/M-(1488)
Government of Pakistan
Cabinet Division
Establishment Division
(Review Board)
*****
Subject: REINSTATMENT INTO SERVICE UNDER SACKED
EMPLOYEE’S (REINSTATMENT)ACT, 2010.

PUC refers to legal notice received from Counsel of Mr. Zaki-ul-Hassan Rizvi,
an ex-employee of Mid Way House Limited (a subsidiary of PIA).

2. Brief facts of the case are that Mr. Zaki-ul-Hassan Rizvi joined service on 08-04-
1976
(P-11/C) as Security Guard in Mid Way House Limited. As per available record, he was
promoted as store man in 1977 (P-14/C) and Junior Officer in 1990 (P-19/C). He was
terminated from service in 1992 but reinstated in 1994 (P-23/C). Later on he was elevated as
Food Controller in 1997(P-25/C).
He opted for voluntary Golden Handshake Scheme in 1999 (P-26/C) and settlement
between employer and employee (petitioner) remained incomplete subsequently in 2001 he
was terminated from service.

3. After enactment of SER Act, 2010, he applied for reinstatement in service vide
petition
dated 12-01-2011 (P-01/C). Review Board in its meeting held on 19 November 2015,
considered his petition and passed order that:
“Returned in original as this Review Board has limited
jurisdiction. Attached are the detailed reasons for return”.

4. The order of the Review Board accordingly conveyed to the petitioner vide letter
No. 5(16)/2015/RB(1488) dated 01-01-216 which is reproduced as under:-

I have been directed by the Sacked Employee’s Review Board to inform you
that since 2013 the Review Board remained dysfunctional until Mach, 2015.
After the Board was re-constituted, your case has been securitized and it has
been found that it is not covered under the definition of Sacked Employee as
defined in Section (2) clause (f) the Sacked Employees (Re-instatement) Act,
2010, which is reproduced below:-
Section-2(f)(i)

“Sacked Employee” means:-

A person who was appointed as a regular or adhoc employee or on
contract basis or otherwise in service of employer, during the period
from 1st day of November, 1993 to the 30th day of November, 1996
(both days inclusive) and was dismissed, removed or terminated from
service or whose contract period was expired or who was given forced
golden handshake during the period from the 1st day of November,
1996 to the 12th day of October, 1999 (both days inclusive)”.
I order to avoid your further inconvenience, the Sacked Employee’s Review
Board has decided to return your application with the remarks that “This
Review Board, in view of definition referred to above, lacks
jurisdiction”.
 -:2:-

5. In the meanwhile, when Mr. Zaki-ul-Hassan Rizvi’s file was under signatures of
Review Board’s members (alongwith with other files) a legal notice was received from Mr.
Hassan Imam, Advocate. The learned advocate requested the Chairman, Review Board to
“proceed ex-parte, if possible. In the alternate his client Mr. Zaki-ul-Hassan will have no
option except to file petition in the Honorable Superior Courts as has been done by others”.

6. As Review Board has duly considered petition for reinstatement in service of

Mr. Zaki-ul-Hassan and Review Board’s orders have been conveyed to the petitioner,
therefore, his petition stands disposed off / decided by the Review Board. He may approach
any appropriate forum for relief, if so desired and not satisfied with decision of Review
Board.

7. File is submitted for kind information/ consideration of JS(A), please.

(Faaiz
Aali Gill)
Section Officer (RB-II)
DS (RB)
 -13-

43. Reference PUC (P-44/C).

44. Former Chairman, Sacked Employees Review Board, Honourable Mr. Justice
Tariq Parvez provided a copy of President’s Order No. 7 of 2015 that the salary of the judge
has been increased w.e.f. 01-07-2015.

45. Honourable Justice Mr. Tariq Parvez has desired for payment of the difference of
salary from
01-07-2015 to 14-12-2015 (the date of resignation) during his stay in Establishment
Division as Chairman, Sacked Employees Review Board.

46. The Honourable Mr. Justice Parvez was appointed as Chairman, Sacked
Employees Review Board vide notification dated March 20, 2015 for a period of six months
w.e.f. March 25, 2015 which was extended vide notification dated 17-09-2015 for six
months up-to 24-03-2016 on the same terms and conditions. On appointment as ad-hoc
Judge of Supreme Court of Pakistan, Mr. Justice Tariq Parvez has tendered resignation as
Chairman Sacked Employees Review Board w.e.f. 14-12-2015.

47. The SO (Cash) is requested to please look into the matter and incorporate their
view/calculation of dues in the light one month’s notice pay as mentioned in notification
No.2 (13)1/2015-Admn dated March 20, 2015, please.

(Faaiz
Aali Gill)
Section Officer (RB-II)
DS (RB)
 No. 5(16)/2015/RB/M-(480)
Government of Pakistan
Cabinet Division
Establishment Division
*****
Subject: REINSTATEMENT OF MR. ABDUL MALIK S/O ABDUL REHMAN,
MESSENGER, INTO SERVICE UNDER SACKED EMPLOYEE’S
(REINSTATEMENT) ACT, 2010

Reference PUC is an order passed by the Sacked Employees Review Board in

its meeting held on 13-10-2015.

2. Mr. Addul Malik has submitted an application dated 09-03-2011 to

Joint Secretary (Admn), Establishment Division regarding reinstatement into service under
SER Act, 2010. He was working in Youth Investment Promotion Society on daily wages
basis as Messenger
w.e.f. 16-07-1995 to April 1999.

3. Sacked Employees Review Board in its meeting held on 13-10-2015 has

considered order that:-
“Petitioner was an employee of Youth Investment Promotion Society
working as Messenger from July 1995 till July 1999. It appears that on
liquidation of the Society the ex-employees were asked to wait for a
month and shall apply to the successors Bank SBE for appointment
afresh. Petitioner stated that he did apply within time but he never got
any response.

In view of Section (6) of the sacked Employees (Reinstatement) Act, 2010

case of the petitioner is allowed /accepted with the direction that the
Secretary Establishment to deal with this case in terms of Section (6) (a)
of the Act. On absorption/re-instatement he shall not be entitled to any
back benefits and seniority”

4. In term of section 6 of SER Act, 2010 the Secretary Establishment shall be

treated as employer for those employees whose employer organization was closed disbanded
or wounded up or ceased to exist on or before 13th February 2009. Hence, the case of Mr.
Abdul Malik being an employee of defunct Youth Investment Promotion Society falls within
the provision of Section 6 of SER Act, 2010.

5. In view of above, file is submitted for consideration /approval of Secretary

Establishment for Reinstatement of Mr. Abdul Malik S/o Abdul Rehman, ex-Messenger of
defunct Youth Investment Promotion Society with immediate effect by creating a
supernumerary post of Messenger without any back benefit and seniority as per order dated
13-10-2015 passed by the Sacked Employees Review Board, please.

8. Submitted for approval, please.

(Sanaullah Mallah)
Section Officer (RB-I)
DS (RB)
 -25-

100. Secretary’s observation.

101 Mr. Zia-ur-Rehman, Ex-officer (BS-19) Grade-I of United Bank Limited is

drawing pay and allowances from the Establishment Division against the Supernumerary
post. He is seeking adjustment in any Ministry/Division/Department against the
equivalent post of BS-19.

102. File is submitted as desired by secretary Establishment Division.

(Sanaulla
h Mallah)
Section
Officer (RB-I)
DS (RB)
 IN THE HIGH COURT OF ISLAMABAD

W.P.NO. 4141/ 2015

Oil and Gas Development Company Limited (OGDCL), OGDCL House, Blue
Area, Islamabad through Mr. Arshad Malik, General Manager (H.R) OGDCL
Islamabad.
Petitioner
Versus

5) The Sacked Employees Review Board, Establishment Division through

Secretary Establishment, Cabinet Secretariat, Government of Pakistan
Pak Secretariat, Islamabad.

6) Mr. Muhammad Asghar Khan s/o Noor Muhammad Khan, Tabi Miyana
P.O Tabi Qaisarani, Tehsil Taunsa Sharif, District D.G. Khan
Respondents
Petition under Article 199 of the Constitution

PARAWISE COMMENTS ON BEHALF OF RESPONDENT NO. 1

Respectfully Sheweth;

PARAWISE COMMENTS
GROUNDS
(a)
Para - a Denied. The SER Act, 2010 enacted on 08-12-2010 to provide relief to
persons who were appointed in a corporation service or autonomous or semi-
autonomous bodies or in Government service during the period from the Ist
day of November, 1993 to the 30th day of November, 1996 (both days
inclusive)and were dismissed, removed or terminated from service during the
period from 1st day of November, 1996 to the 12 th day of October, 1999 (both
days inclusive);
Section 4(a) of SER Act, 2010:
“a sacked employee appointed on permanent or temporary basis or
regular or adhoc basis or otherwise in an y corporation or Government
service against a regular or temporary post shall be re-instated and
regularized in regular service of the employer on one scale higher to his
substantive scale, grade, cadre, group, post or designation, whatever the case
may be, held by the sacked employee at the time of his dismissal, removal or
termination from service or at the time forced golden hand shake was given to
the sacked employee;

Section 2(f) of the SER Act, 2010 also describes sacked employee as :
vii. a person who was appointed as a regular or ad hoc employee or on
contract basis or otherwise in service of employer, during the period
 from the 1st day of November, 1993 to the 30th day of November,1996
(both days inclusive) and was dismissed, removed or terminated from
service or whose contract period was expired or who was given forced
golden handshake during the period from the Ist day of November,1996
to the 12th day of October, 1999 (both days inclusive);
viii. a person who was appointed as a regular or ad hoc employee or on
contract basis or otherwise or who was a member of the civil service of
the Federation or who held a civil post in connection with affairs of the
Federation, in a Ministry, Division or department during the period
from the Ist day of November, 1993 to the 30th day of November,1996
(both days inclusive) and was dismissed , removed or terminated from
service or whose contract period was expired or who was given forced
golden hand shake during the period from the Ist day of
November,1996 to the 12th day of October, 1999 (both days inclusive
ix. a person who was appointed or re-instated in service of employer
during the period from the 1st day of November, 1993 to the 30th day of
November,1996 (both days inclusive) and who was subsequently
dismissed or removed or terminated from service during period from
the Ist day of November,1996 to the 12th day of October, 1999 (both
days inclusive) or who was intermittently dismissed , removed or
terminated from service from time to time and re-instated through
statuesque order or judgment of any tribunal or any court including the
Supreme Court or a High Court or through any administrative order or
through withdrawal of any order conveying dismissal, removal or
termination or by any other way on any date after the Ist day of
November,1996;
x. a person who was appointed during the period from the 1st day of
November, 1993 to the 30th day of November,1996 (both days
inclusive) and dismissed, removed or terminated from Government or
corporation service on any charges or allegations during or after the
period from service the Ist day of November,1996 to the 12 th day of
October, 1999 (both days inclusive), whether re-instated or taken back
into service or not on orders of any tribunal or court including the
Supreme Court or a High Court or any other authority;

V. a person who was appointed or re-instated in service of

employer during the period from the 1st day of November,
1993 to the 30th day of November,1996 (both days inclusive)
and dismissed or removed or terminated or dissociated or was
discontinued from service on account of closure of his or her
employer or office or organization, irrespective of the fact that
whether a letter or notification or anything in writing for sacked
employee’s dismissal or removal or termination or dissociation
or discontinuation of service was issued or not or the status of
sacked employee’s service was turned inactive or otherwise;
and

The application dated nil of Mr. Muhammad Asghar Khan was

received in Establishment Division on 09-03-2011 i.e. after due date which
 was 07 March 2011.Therefore, the Review Board decided as under:

“We questioned Mr. Tariq Qureshi, Chief Recruitment (HR) if any

departmental proceedings in form of inquiry including show cause notice for
absence was issued to the petitioner. His reply was that relevant record was
not available. In the absence of any reasonable evidence that petitioner
himself discontinued, presumption arises that he was illegally removed in the
absence of any inquiry. We allow this application petitioner is reinstated as
Lab Assistant on the post to which he was initially appointed. However, he is
not entitled to any back benefits nor he shall claim seniority.

Para - b Denied. The applicant Mr. Muhammad Asghar Khan produced / shown
the Review Board copies of his appointment letter dated 16-08-1995,
Recruitment Section’s letter signed by Manger (Personal) of the OGDCL
whereby out of 11 recommendees six were found fit for job and post and
vacancy were available which include the name of the petitioner giving him
the status of work charge employee.
During proceedings of the Review Board meeting held on 27 August
and 17 September 2015, the Departmental Representative (DR) was asked to
inform whether any departmental proceedings in form of inquiry including
show cause notice for absence was issued to the petitioner (Now Respondent
No. 2).The DR replied that relevant record was not available and no any
service record of Mr. Muhammad Asghar Khan was produced by the
department to Review Board.

Para - c Denied, As in Para-b above

Para - d As in Para-b above
Para - e Denied. Ordinance No. XXVIII of 2001, was issued on 05 July, 2001 for re-
organization of OGDCL i.e. after 12th October 1999 the last day of
removal/termination from services given in the SER Act, 2010.
Para - f Denied. Under the provisions made in Section 2(f) and 4 of the SER
Act, 2010, the Respondent No.2 is sacked employee. The Review
Board considered the petition of Respondent No.2 and reinstated him in
service.
Para - g As in para (b) above.
Para - h Denied. As in para (b) above.

Section 13(3) and (4) of SER Act, 2010 provides that:

3. The Review Board shall not redirect or divert the sacked employee to his
employer for any purpose including verification of his service data or
record or any other reason for registers his petition.

4. The Review Board shall decide and dispose of the petition within ninety
days from the date of petition filed under section 11

Para – i Denied. As in para (b) above.

Para – k Denied. As in Para (b) above.
Para – l Denied. As in para (b) above.
Para-m Denied. As in para (b) above. The petitioner in its petition admitted
appointment of Respondent No. 2 for a period of one month and 11days.
Para-n Denied. Section 2(d) of the SER Act, 2010 defines “employer” as
under:
d. “employer” means the Federal Government or any Ministry or Division
or department of the Federal Government or a corporation or
organization or autonomous or semi-autonomous body established by
or under a Federal law or owned or controlled by the Federal
Government”.
Para-j Denied. Notices for Review Board’s meeting held on 27 August and 17
September 2015 were issued to Secretary, Ministry of Petroleum and Natural
Resources and the petitioner. The DR of the petitioner i.e Chief Recruitment
(HR) attended both the meetings. The DR of the petitioner inter-alia failed to
provide service record of the respondent No. 2 and also does not satisfied the
Review Board about its question “whether any departmental proceedings in
form of inquiry including show cause notice for absence was issued to the
petitioner. The reply of DR was that relevant record is not available”.
As the DR who is a very senior officer of the petitioner directly dealing
with recruitments etc, in his department i.e OGDCL had attended the Review
Board meeting, therefore, question of non-presence of Ministry of Petroleum
and Natural Resources in said meetings does not arise.
 -9-

33. Reference Secretary’s observation at para-31/N.

34 The SER Act, 2010 enacted to provide relief to persons who were appointed in a
corporation service or autonomous or semi-autonomous bodies or in Government service
during the period from the 1st day of November, 1993 to the 30 day of November, 1996
(both days inclusive) and were
st
(dismissed, removed or terminated from service during the period from the 1 day of
November, 1996 to the 12th day of October, 1999) (both days inclusive). It is further added
that:

a) There is no provision under SER Act, 2010 to adjust/absorb on

permanent basis a reinstated Sacked Employees of Federal
Government in Provincial Government;
b) So far no any reinstated Sacked Employee adjusted / absorbed on
permanent basis in Provincial Government; and

c) A reinstated Sacked Employee may be adjustd/absorbed on

permanent basis on receipt of requisition/NOC from the
concerned Provincial Government under its own rules.

35. In this case, Government of Sindh issued NOC to the adjustment / permanent
absorption of Mr. Pervaiz Akhtar, Project Director (Bs18), in Cooperation Department
Government of Sindh
(Page-25/C).

36. On receipt of said NOC the Services of Mr. Pervaiz Akhtar, Project Director (BS-
18) were placed at the disposal of Government of Sindh vide our notification of 16-1-213
permanent
adjustment/absorption. (P-26/C)

37. Resubmitted for kind perusal / approval of draft letter, please.

(Sanaullah Mallah)
Section Officer (RB-I)
DS (RB)
 --24-

92. Reference FR (P-64/C)

93 Mr. Zia-ur-Rehman, Ex-officer (BS-19) Grade-I, of United Bank Limited

reinstated into service under SER Act, 2010 w.e.f. 03-01-2011 in Establishment Division.

94. The Officer has requested to reimburse Rs.165,465 (one hundred sixty five
thousand four hundred and sixty five only) incurred on his medical treatment of
(Angioplasty) at PIMS Islamabad, and requested for reimbursement. The claim is duly
singed by the AMA.

95. It is propose that (i) said reimbursement claim may be signed by the Secretary
Establishment Division (F/A); and (ii) the same may be forward to CADD Division for
scrutiny.

96. Submitted for approval and signature, please.

(Sanaullah Mallah)
Section Officer (RB-I)
DS (RB)
 -:4:-

16 Ministry of Textile Industries has informed that Mian Zawar Hussain was
reinstated as Assistant Director (BS-17) under SER Act, 2010 and then on the
recommendation of DPC he was promoted as Deputy Directory (BS-18) w.e.f. 07-12-2012.

17. Ministry of Textile has requested for Establishment Division’s advice whether the
applicant should be reinstated as Deputy Director (BS-18) w.e.f. 16-03-2011 or his
reinstatement as
Assistant Director (BS-17) w.e.f. 16-03-2011 and then his promotion as Deputy Director
(BS-18) w.e.f. 07-12-2012 is correct under the rules.

18. For appreciation of the case that Ministry was requested to provide a copy of
notification and minutes of Cabinet Sub-Committee (if any) under which, Mr. Mian Zawar
Hussain was reinstated into service which is still being awaited.

19. It is proposed that Ministry of Textile Industry may be informed to take up the
matter with Ministry of Law, Justice and Human Rights for getting necessary
clarification/advice, being custodian of the SER Act,2010. A draft O.M. is accordingly put
up for approval of Joint Secretary (Admn), please.

(Sanaullah
Mallah)
Section Officer
(RB-I)
DS (RB)
 -:2:-

5. Reference PUC (P-87/C). Mr. Abdul Shakoor Kalwar, ex-Messenger, National Bank
of Pakistan has file the subject constitution petition in the High Court of Sindh at Karachi
for reinstatement under Sacked employees (Re-instatement) Act, 2010.

6. In this regard draft parawise comments on behalf of respondent No. 2 are put up for
approval, please.

(Sanaullah Mallah)
Section Officer
(RB-I)
DS (RB)
 IN THE HIGH COURT OF SINDH AT KARACHI

W.P.NO. D.2423 of 2015

Abdul Shakoor S/o Chakar Khan, Resident of Flate No. 601, Amber Pride, 6th Floor,
Main Shara-e-Fasial, Block-6, Karachi.
Petitioner
Versus

7) National Bank of Pakistan Through President, Head office I.I. chundrigar

Road, Karachi.

8) Federation of Pakistan, Through Secretary Establishment Division,

Government of Pakistan, Main Secretariat Constitutional Avenue, Islamabad
Respondents
Petition under Article 199 of the Constitution

PARAWISE COMMENTS ON BEHALF OF RESPONDENT NO. 2

PARA NO PARAWISE COMMENTS

Para - 1 No Comments
Para - 2 Relates to Respondent No.1, No Comments
Para - 3 As in Para-2 above
Para - 4 As in Para-2 above
Para - 5 Denied as alleged. The Review Board was constituted in terms of the
Sacked Employees (Reinstatement) Act, 2010. The petitioner never applied to
the Review Board. The copy of petition dated 15-4-2009 provided to learned
Court was addressed to the Chairman Reinstatement Committee.
Para - 6 As in Para-2 above
Para - 7 No Comments. It is for the concerned department or the Ministry (Respondent
No.1) to reinstate the petitioner.
Para - 8 Under SER Act, 2010 only the Review Board is competent to consider
the petitions for reinstatement of sacked employees as defined in
section 2(f) of the Act ibid.

According to Section 3 (1) of the Act:

“A sacked employee, as defined in section 2 above, may file an

application, within ninety (90) days of the enactment of this Act, to
an officer of his employer for reinstatement of his service where the
sacked employee shall clearly write the date of application appearing
on the face of application”.

The petitioner does not apply to the Review Board within 90 days of the
 enactment of SER Act, 2010. It is for concerned department/Ministry
(Respondent No.1) to implement the orders passed by the honourable Court.
Para - 9 No Comments
Grounds
b) Admitted
c) Admitted
d) No Comments
e) It is for concerned department/Ministry (Respondent No.1) to implement the orders
passed by the honourable Court.
f) No Comments
g) Denied as alleged. As in Para-5 above
h) No Comments

Prayer:
A. As in para-8 above
B. Relates to Respondent No. 1. As in Para-8 above
C. As in Para-8 above
D. No Comments
E. No Comments

The Review Board was constituted in terms of SER Act, 2010. The
petitioner does not apply to the Review Board for reinstatement in service within
specified time under the provision of SER Act, 2010. The honourable Court is
requested to dispose off the instant petition.

On behalf of Respondent No. 2

 -:14:-

45. The services of the following reinstated Sacked Employees were placed at the
disposal of Ministry of Interior & Narcotics Control for permanent absorption against the
vacant posts mentioned against each in their respective cadres: (P-02/C)

Sr. No Name of the employees Designation Place of Adjustment

1. Mr. Muhammad Arif S/o Assistant (BS-14) MATRC Islamabad
Noor Zada
(Mardan)
2. Mr. Muhammad Shoaib Assistant (BS-14) MATRC Quetta
S/o Sher Jan
(Panjgoor)
3. Mr. Umar Zada Driver (BS04) MATRC Islamabad
S/o Gulzada
(Mardan)
4. Mr. Kifayatullah Driver (BS04) MATRC Quetta
S/o Molvi Gul Muhammad
(Ziarat)
5. Mr. Muhammad Amin Naib Qasid MATRC Quetta
S/o Muhammad Raheem
(Quetta)

46. Narcotics Control Division has now informed that some staff of Model Addiction
Treatment & Rehabilitation Centre (MATRC) have filed an appeal in Islamabad High Court
resultantly, recruitment process has been stopped in MATRC (P-03/C).
7. Now vide PUC (P-01/C) salary of above mentioned reinstated sacked employees
have been stopped It is proposed

48. That Division may be requested to allow to join the above mentioned reinstated
Sacked Employees as they after their permanent adjustment severed all connections with
Establishment Division.

49. Submitted for approval of proposal at para-47 & 48/N by JS (Admn), please.

(Sanaullah
Mallah)
Section Officer
(RB-I)
DS (RB)
 -03-

5. Reference preceding paras.

6. Mst. Jamzadi wife of Sahib Khan, Naib Qasid (BS-01) has requested for the
job for her son and for the grant of finance assistance as admissible under Establishment
Division O.M. No. 7/40/2005/E dated 13 June. She has also provided copies of following
documents:

i. Heir-ship Certificate
ii. Succession Certificate
iii. Marriage Registration Certificate
iv. No Marriage Certificate
v. Death Certificate of Mr. Sahib Khan
vi. CNIC of Mr. Sahib Khan.

7. It is proposed that:
(i) Section Officer (Cash) Establishment Division to clear the arrears/ pending
payment of deceased employee.
(ii) The Regulation wing of this Division may be requested to clarify as to
whether above mentioned Assistance Package is applicable on the said
reinstated sacked employee.

8. Submitted for approval of JS (Admn), please.

(Sanaullah
Mallah)
Section Officer
(RB-I)
DS (RB)
 IN THE ISLAMABAD HIGH COURT, ISLAMABAD
W.P.NO. 46052/Writ
Date 16 /12 /2015

Abdul Haq S/o Bahadar Khan, Ex- Record Keeper (SN-7927/6), Resident of Jilani Town,
Baharkahu, Islamabad.
Petitioner
VERSUS:
Nadeem Hussan Asif, Secretary Establishment, Establishment Division, Islamabad & Other.
Respondent
Crl Orgl No. 416-2015, Abdul Haq V/s Nadeem Hassan Asif, etc.
PARAWISE COMMENTS ON BEHALF OF THE RESPONDENT 1.
PARAWISE COMMENTS AGAINST APPLICATION BY MR. ABDUL HAQ S/O
BAHADAR KHAN.

PARA NO.
COMMENTS.
FACTS
Para - 1 No Comments
Para - 2 Sacked Employees Reinstatement Act 2010 enacted on 08-12-2010 to provide relief
to a person who was appointed as a regular or adhoc employee or on contract basis
or otherwise in service of employer, during the period from 1st day of November,
1993 to the 30th day of November, 1996 (both days inclusive) and was dismissed,
removed or terminated from service or whose contract period was expired or who
was given forced golden
handshake during the period from the 1 day of November, 1996 to the 12th day of
st

October, 1999 (both days inclusive)”.

The Review Board has already passed the orders of reinstatement of Mr. Abdul Haq
vide No. 5/29/2010/RB dated 30 May 2010. During the course of Review Board
meeting held on 10-09-2015 the representation of the SNGPL has stated that he will
speak to the General Manager SNGPL on the issue.
The provision of SER Act, 2010 did not empowered the Review Board to implement
it orders. The action on the part of Review Board has been accomplish.
Para - 3 Relates to department i.e. SNGPL
Para - 4 No Comments
Para - 5 Relates to department i.e. SNGPL
Para - 6 As above
Para - 7 The Review Board has already passed orders for reinstatement of the petitioner

Prayer:
It is prayed that the honourable Court may kindly dispose of the instant CRL Orgl
No. 416-2015 on merits as action on part of Review Board is completed Section 13(8) of
humbly SER Act, 2010 stated that:

F. No. 6-20/2015-RB
 Government of Pakistan
Cabinet Division
Establishment Division
(Review Board)
*****

Subject: REQUEST FOR REINSTATEMETN UNDER SACKED EMPLOYEES

ORDINANACE 2010

Pl examine and put up.

Sd/-
Secretary
09-12-2015
02. Immediate
Sd/-
JS (Admn)
10-12-2015

03. Mr.Sanaullah Ghori,Ex-Steneotypist of civil Aviation Authority, Karachi, in his

application has stated that he was appointed on 13-12-1992 and terminated from service on
21-12-1996.

04. The Sacked Employees Reinstatement SER Act, 200, enacted from 8 th December,
2010 for the purpose of providing relief to persons who were appointed in a corporation
service or autonomous or semi-autonomous bodies or in Government service during the
period from the 1st day of November, 1993 to 30th day of November 1996 (both days
inclusive) and were dismissed, removed or terminated from service during the period from
the 1st day of November, 1996 to the 12th October, 1999 (both days inclusive).

05. In term of Section-3 of SER Act, 2010 a Sacked Employee is required to submit his
application within ninety (90) days of the enactment of this Act i.e. up-to 07-03-2011 to an
officer of his employer for reinstatement.

06. In view of the above the case of Mr. Sanaullah Ghori does not covered under the
SER Act, 2010.

07. Submitted, please.

(Sanaullah
Mallah)
Section Officer
(RB-I)

DS (RB)
 -:14:-

45. In pursuance of Islamabad High Court’s Judgment passed in Writ Petition No.
529/2013 and Sectin 6 of the Sacked Employees’ (Reinstatement) Act, 2010, the services of
the following reinstated Sacked Employees were placed at the disposal of Ministry of
Interior & Narcotics Control for permanent absorption against the vacant posts mentioned
against each in their respective cadres:

Sr. No Name of the employees Designation Place of Adjustment

1. Mr. Muhammad Arif S/o Assistant (BS-14) MATRC Islamabad
Noor Zada
(Mardan)
2. Mr. Muhammad Shoaib Assistant (BS-14) MATRC Quetta
S/o Sher Jan
(Panjgoor)
3. Mr. Umar Zada Driver (BS04) MATRC Islamabad
S/o Gulzada
(Mardan)
4. Mr. Kifayatullah Driver (BS04) MATRC Quetta
S/o Molvi Gul Muhammad
(Ziarat)
5. Mr. Muhammad Amin Naib Qasid MATRC Quetta
S/o Muhammad Raheem
(Quetta)
46. Narcotics Control Division has now informed that some staff of Model Addiction
Treatment & Rehabilitation Centre (MATRC) have filed an appeal in Islamabad High Court
resultantly, recruitment process has been stopped in MATRC.

47. It is proposed that Narcotics Control Division may be informed that permanent
absorption / Adjustment of reinstated Sacked Employees under the provision of SER Act,
2010 can not be considered as appointment. Besides provides that Section-18 of the Act
Ibid.

Penalty for disobeying or willfully creating hurdles:

1. Anyone found guilty of willfully disobeying the provision of this Act or

willfully creating hurdles for implementation of the provision of this Act,
shall be liable to maximum punishment of removal from service or any other
major or minor penalty as may be determined by the appointing authority of
such accused officer or employee.
2. For purpose of sub-section (1), the procedure, as provided in the
Government Servants (Efficiency and Discipline) Rules, 1973 of the Federal
Government, shall be adopted.
3. For purpose of sub-section (1), in case of autonomous or semi-autonomous
organization, where rules, other than the Government Servants (Efficiency
and Discipline) Rules, 1973 are followed, law, rules, regulations bye-laws
or procedure applicable in the organization would be adopted.
Provided that where conflict of law, rules, regulations, bye-laws or procedure arises with
that of the Government Servant, (Efficiency and Discipline) Rules, 1973 of Federal
Government, the later shall over rule and apply even in case of autonomous or semi-
autonomous organization.

48. That Division may be requested to allow to join the above mentioned reinstated
Sacked Employees as they after their permanent adjustment severed all connections with
Establishment Division.

49. Submitted for approval of proposal at para-47 & 48/N by JS (Admn), please.
 (Sanaullah
Mallah)
Section Officer
(RB-I)
DS (RB)
 -:79:-

248. Refer PUC (P-13/C).

249. Orders regarding adjustment / permanent absorption in Federal Board of
Revenue (FBR) of 25 reinstated Sacked Employees issued with the approval of competent
authority.
250. As informed by FBR, following 04 employees have not reported/joined
duties:

i. Mr. Pir Muhammad, Stenotypist (BS-14)

ii. Mr. Abdul Wahid, Sub Engineer (BS-11)
iii. Mr. Bangar Khan, LDC (BS-05)
iv. Mr. Gul Din, Niab Qasid (BS-02)
251. Out of 4 absentees, three appeared in the office of Review Board on last
th
Tuesday (8 December 2015). They were directed to immediately report for duty in FBR.
FBR’s response in this regard is awaited.
252. Reference PUC (P-13/C, para-2/C). FBR has conveyed no objection to adjust
the following two officials in place of above mentioned officials:
i. Mr. Tariq Mehmood S/o Muhammad Nawaz, LDC (BS-07).
(Parliamentary Secretary Cabinet/Establishment Division requested the Chairman FBR for
his adjustment in FBR). (P-18/c)
ii. Mr. Mumtaz Akbar S/o Muhammad Akbar
253. It is submitted that with the approval of competent authority order
regarding adjustment / absorption of Mr. Mumtaz Akbar LDC (BS-07) and Mr. Tariq
Mahmood LDC (BS-07) already issued in Ministry of Interior and Establishment Division
respectively.
(P-15 & 17/C)
254. In view of above, it is proposed that:
i) Memorandum explanation may be issued to those four officials who have
not joined FBR,
ii) The FBR may be informed that it should requisition the services of
Mr. Tariq Mehmood, LDC (BS-07) from Ministry of Interior as the
official stands absorbed/permanently adjusted in that Ministry and
severed all his connections with Establishment Division; and
iii) As regards Mr. Mumtaz Akbar, LDC (BS-07) the FBR may be informed
that he is absorbed/permanently adjusted in the Establishment Division.
It is not possible to relieve him from this Division.
255. Submitted for kind consideration and approval of proposal at para-254/N
by JS (Admn), please.

(Sanaullah
Mallah)
Section Officer
(RB-I)
DS (RB)
 IN THE LAHORE HIGH COURT BAHAWALPUR, BENCH
BAHAWALPUR.

W.P.NO. 9113-2015/BWP

Allah Bakhsh Malik S/o Sardar Ahmed caste Arain, Resident of Mouza Wahid
Hussain Basti Arain Basti Arain, Tehsil & District Bahawalpur.

Petitioner
VERSUS:

9) Chairman, Sacked Employees Re-instatement (Review Board) Establishment

Division, Islamabad.

10) Postmaster General, Multan Circle, Multan

11) Director General, Postal Service, Islamabad.

12) Divisional Superintendent, Pakistan Postal Service, Bahawalpur.

Respondents

Writ-Petition under Article 199 of the Constitution of Islamic

Republic of Pakistan 1973.

PARAWISE COMMENTS AGAINST APPLICATION BY MR. ALLAH BAKHSH

MALIK SON OF SARDAR AHMED.

PARA NO.
COMMENTS.
FACTS
Para - 1 No Comments
Para - 2 No Comments
Para - 3 No Comments
Para - 4 No Comments

Para - 5 Denied. The Review Board in its meeting held on 30th April, 2015 heard
the petitioner and after perusal of record produced by Mr. Shahid Iqbal and
passed the order No. F. 5-16/2015-02-Admn-III-RB, dated 30 April, 2015
(Copy attached). (Annex-A).
Respondent No.2 in consequences to Review Board’s meeting dated 30
April, 2015, petitioner was personally heard and following order was passed,
“Since his engagement was purely on temporary basis having clear
 understanding of specific period, therefore, his claim to treat his engagement
under Sacked Employees does not fall under the provision of this Ordinance.
The statement recorded during the personal hearing on 07-05-2015 together
with the report of Divisional Superintendent Postal Services Bahawalpur is
appended for favour of further disposal”. (Copy attached) (Annex-B)
Para - 6 Same as at para-5
Para - 7 No Comments

Prayer:
The instant petition may kindly be disposed off keeping in view the
provisions SER Act, 2010
 IN THE LAHORE HIGH COURT BAHAWALPUR, BENCH
BAHAWALPUR.

W.P.NO. 9039-2015/BWP

Muhammad Bashir S/o Haji Allah Ditta (late) Caste Dar Resident of Old WAPDA Scarp
Colony, No. 3-C, Bahawalpur.
Petitioner
VERSUS:
Govt. of Pakistan Cabinet Secretariat, Establishment Division, Through Chairman Sacked
Employees Review Board, Islamabad.
Respondent

Writ-Petition under Article 199 of the Constitution of Islamic

Republic of Pakistan 1973, for seeking a direction to the respondent
to re-instate the petitioner in to service under Sacked Employees
(re-instatement) SER Act, 2010 passed by the President of Pakistan.

PARAWISE COMMENTS ON BEHALF OF THE RESPONDENTS 1, 2, 3 & 4.

PARAWISE COMMENTS AGAINST APPLICATION BY MR. MUHAMMAD

BASHIR SON OF HAJI ALLAH DITTA (LATE).

PARA NO.
COMMENTS.
FACTS
Para - 1 No Comments
Para - 2 No Comments
Para - 3 No Comments
Para - 4 No Comments
Para - 5 Admitted to the extent advertisement was published in leading daily
newspaper on 15-12-2010 regarding reinstatement of sacked employees.
However, condition precedent for reinstatement that date of appointment and
date of termination must fall between the date stipulated by SER Act, 2010 i.e.
1st November 1993 to 30th November 1996 and 1st November 1996 to
12th October 1999. Section 2(f)(i) of SER Act, 2010 as reproduced below .
The petitioner in his application dated 22-02-2011 admitted that there
was no beak in his service
from 15-03-1990 to
30-11-1997. Therefore, the petitioner did not fall within definition of Sack
Employees and thus was not reinstated by the Review Board. (Annex-A).
Moreover, the petitioner is now estopped by his own statement.
 Para - 6 No Comments
Para - 7 Denied. The Review Board in its meeting held on 14 July 2015 after hearing
the petitioner in person and the concerned Ministry and WAPDA dismissed his
appeal for reinstatement and passed order that:

“According to application the petitioner was appointed on 5th March, 1990 and
removed from service on December 1, 1997. The date of appointment does not
all with the jurisdiction of the this Review Board. Therefore, the petition is
dismissed.
Para - 8 As para-7 above.
Para – 9 Same as at para-5
Para – 10 Same as at para-7
Para – 11 Same as at para-5
Para – 12 No Comments
Para – 13 No Comments
Para – 14 No Comments

Prayer:
Section 13(8) of humbly SER Act, 2010 stated that:

“The order of the Sacked Employees’ Review Board passed on the

review petition under sub-section(5) or (6) or the sacked employee
stood re-instated and regularized under sub-section (7), shall be
final and shall not be called in question in any court, authority or
tribunal”.

Therefore, it is prayed that instant writ petition may kindly be dismissed in light of
provision of SER Act, 2010.
 -: 5:-

19 Reference PUC (P-87/C). Petition filed byMr. Allah Bakhsh Malik S/o Sardar
Ahmed in the Lahore High Court Bahawalpur Bench,

20. In this regard draft parawise comments have been prepared and placed below
approval of JS (Admn), please.

(Sanaullah
Mallah)
Section Officer
(RB-I)
DS (RB)
 F. No. 1(51) /2011-RB
Government of Pakistan
Cabinet Division
Establishment Division
(Review Board)
*****

Mr. Pervaiz Akhtr, Project Director (BS-18) of the defunct Peoples Works
Program was reinstated into service by the Establishment Division w.e.f. 22 January 2011
under section 6 of the SER Act, 2010.

2. Upon receipt of a no objection from Services, General Administration &

Coordination Department (S&GAD) of the Government of Sindh, this Division issued
notification for his absorption / permanent adjustment in the Government of Sindh. The
S&GAD posted him in Cooperation Department, Sindh vide notification dated 19-11-2012

3. The S&GAD of Sindh vide letter dated 29 May, 2015 inter alia informed that
under Section-9-A of the Sindh Civil Servants (APT) Rules, 1974 that it withdrew
notification regarding absorption / adjustment of Mr. Pervaiz Akhtar in Cooperation
Department. This Division conveyed to the S&GAD that services of Mr. Pervaiz Akhtar
were placed at the disposal of Government of Sindh at their NOC. The Officer relieved and
severed all his connection with this Division. It was also clarified to the Government that
Mr. Pervaiz Akhtar is now an employee of the Sindh Government.

4. The S&GAD of Government of Sindh has informed that NOC was

inadvertently issued therefore, they withdraw their notification of 20 May, 2015. That
Department also informed that Mr. Pervaiz Akhtar’s absorption in Sindh Government will
create a legal anomaly and would set a illegal precedent.

5. In order to resolve the issue it is proposed that a DO letter to Secretary

S&GAD, Sindh may be issued at the level of JS (Admn) containing back ground of the
absorption of
Mr. Pervaiz Aktar, Project Director (BS-18) of the defunct Peoples Works Program in the
Government of Sindh with the request that they may resolve the issue at their own level as
Establishment Division already absorbed / permanently adjusted of the officer in
Sindh Government after receipt of their no objection and severed all his connections with
this Division. A draft DO letter is accordingly put up for approval, please.

(Sanaullah
Mallah)
Section Officer
(RB-I)
DS (RB)
 -04-

17. Reference FR (P-85/C). An application submitted by Mr. Muhammad Irfan

Tabassum S/o Muhammad Ashraf LDC (BS-07), reinstated into Government Service, who
died on 04-04-2013. His mother died on 16-01-2012. He has furnished copies of death
certificates (F/A & B).

18. In this regard he has been retired from service w.e.f. 05-04-2013 accordingly
his date of birth in CNIC which is 05-04-1953. Officer Order of his death has been issued
vide O.O. No. 1(330)/2011-RB-I dated 25-06-2013 (P-23/C).

19. His son provided following documents for processing the case for Prime
Minister Assistance Package:

vii. CNIC of Mr. Muhammad Ashraf Tabbassum.

viii. Death Certificate of Mr. Muhammad Ashraf Tabbasum.
ix. Death Certificate of widow of Mr. Muhammad Ashraf Tabbasum,
Mst Naseem Ashraf issued by NADRA
x. Succession Certificate from the Civil Judge 1st Class Rahim Yar Khan.
xi. Heir-ship Certificate.

20. He has requested for job and other pension benefits under Prime Minister
Assistance Package. As for as concern with grant of pension this matter has already been
taken up with Finance & Law Division for seeking clarification regarding admissibility of
pension of reinstated sacked employees

I. The Sacked Employees who attained the age of superannuation prior to enactment of
the SER Act, 2010 and were reinstated in term of Section 5 of the Act Ibid.
II. The employee who were reinstated after enactment of the SER Act, 2010 died in
service later on.
III. The employee who were reinstated after enactment of the SER Act, 2010 and now
reaching the age of superannuation.

21. The classification received from both Divisions may kindly be perused vide
page …./C & Page.. /C respectively. The Finance Division (Regulation Wing) in the case of
Mr. Ishraf giving its clarification in the matter also advised vide letter No……..

22. Submitted for approval of JS (Admn), please.

(Sanaullah
Mallah)
Section Officer
(RB-I)
DS (RB)
 -03-

6. Reference FR (P-71C). Mst Noreen Akter wife of Mr. Sanaullah Khan, LDC
(BS-07) of the defunct People Works Progame was reinstated into service w.e.f. 01-02-2011
under SER Act, 2010.

7. Ms. Noreen Akter wife of Mr. Sanaullah Khan has informed that her husband
passed away on 11 June 2015. She has requested for grant of financial assistance as
admissible under Establishment Division O.M. No. 7/40/2005-E-2 dated 13 June 2006. She
also provided copies of following documents:

xii. Death Certificate of Mr. Sanaullah Khan S/o Abdul Aziz issued by the
concerned NADRA Office.
xiii. Marriage Certificate

8. It is proposed that: (i) in the first instance we may issue an office order
regarding death of Mr. Sanaullah Khan S/o Abdul Aziz, LDC (BS-07) as per DFA; (ii)
Section Officer (Cash) Establishment Division to clear the arrears / pending payment, of
deceased employee; (iii) family of the deceased may be requested to provide succession and
heir ship certificates for processing the case; and (v) the Regulation Wing of this Division
may be requested to clarify as to whether above mentioned Assistance Package is applicable
on the said reinstated sacked employee .

9. Submitted for approval of JS (Admn), please.

(Sanaullah
Mallah)
Section Officer
(RB-I)
DS (RB)
 -13-

40. This Division has absorbed / adjusted 19 reinstated Sacked Employees vide
officer Order No. 6/19/2014-RB, dated 8/12/2015 to meet the shortage of staff

41. The Admin Wing has desired for more absorption/adjustment of the
following 6 reinstated employees of defunct organizations in this Division:

Sr. No Name of the employees Actual designation Proposed absorption

with BS with designation and BS
1. Mr. Sultan-e-Room Stenotypist (BS-14) Stenotypist (BS-14)
2. Syed Tahir Sajjad Stenotypist (BS-14) Stenotypist (BS-14)
3. Mr. Ghulam Shabir LDC (BS-07) LDC (BS-07)
4. Mr. Muhammad Javed LDC (BS-07) LDC (BS-07)
5. Mr. Anwar Shad Bacha Naib Qasid (BS-02) Naib Qasid (BS-02)
6. Mr. Abdul Qayyum Naib Qasid (BS-02) Naib Qasid (BS-02)

42. The office of the Review Board with the approval of the competent authority
already issued orders for adjustment of Mr. Sultan-e-Room and Syed Tahir Sajjad,
Stenotypist (BS-14) in M/o Overseas Pakistan and Human Rights Resources Department.

43. In view of above it is proposed that office order for adjustment /absorption of
six re-instated Sacked Employees as mentioned at Para-41/N may be issued by the office of
the Review Board. We may also withdraw orders regarding adjustment / absorption of
M/s Sultan-e-Room and Tahir Sajjad, Stenotypists (BS-14). The Ministry of Overseas
Pakistanis and HR Development has already requested for their replacement as they does not
have command in Shorthand and typing (P-53/C).

44. Approval of JS (Admn) is solicited to the proposal made at Para-43/N above.

The matter may kindly be placed before the Secretary Establishment Division for
information please.

(Sanaullah
Mallah)
Section Officer
(RB-I)
DS (RB)
PARAWISE COMMENTS AGAINST APPLICATION BY MR. SAEED AHMAD SON
OF KHAWAJA AHMED DIN.

PARA NO.
COMMENTS.
FACTS
Para - 1 No Comments
Para - 2 No Comments
Para - 3 Denied. During the proceedings of Cabinet Sub-Committee meeting held on 13
December 2012, the Establishment Division informed the Cabinet Sub-
Committee that Sheikh Saeed Ahmad Officer of Grade-III of Habib Bank
Limited of Teshil and District Haveli, Kahuta, Azad Kashimr, appointed on 1-
10-1976 terminated on 18-01-1993 and later re-instated on 15-1-1994 and
again terminated on 18-01-1997, has applied for his reinstatement to the
Review Board established under the provisions of Sacked Employees (Re-
instatement) Act, 2010 as his case falls under the category of the employees to
be heard by the Review Board being terminated lastly under the charges of
absence from duty for 16-17 days. However, the Chairman Review Board Mr.
Justice (Retired) Faqir Muhammad Khokhar, in the mean time was appointed
Chairman Competition Commission and the post of Chairman, Review Board
is continuously vacant for last many months and the case is still pending.

It was also informed to the Cabinet Sub Committee by the Establishment

Davison that one of the employees of the Pakistan Institute of Medical
Sciences (PIMS) Islamabad (Children Hospital) was terminated from the
service on 14-4-1998 on the charge of absence from the duty for a small
period, and under the Sacked Employees (Re-Instatement)Act, 2010 the
employees whose services were terminated during November 1996 to October
1999 are to be reinstated having the spirit that the employees terminated during
this period were perhaps the political victim, therefore, this employee is also
required to be considered for re-instatement as a sympathetic case.

The Cabinet Sub-Committee discussed the case of reinstatement of Sheikh

Saeed Ahmad and in view of the absence of the Chairman, Review Board
and provision of Section 6(d) of the Sacked Employees (Re-instatement) Act,
2010, approved the case of re-instatement of the services of Sheikh Saeed
Ahmad ex-Officer Grade-III (PA No. 262412-HBL) and directed the
Establishment Division to reinstate him keeping in view Section 6(a) of the
Sacked Employee (Re-instatement) Act, 2010. (Annex-A)

The composition of the Sacked Employees’ Review Board as per definition

under Section 12 of SER Act, 2010 is:
Establishment of Sacked Employees’ Review Board.-
(1) There is hereby established a Sacked Employees’ Review Board
consisting of five members including a Joint Secretary or any other officer
equivalent to Joint Secretary or a BPS-20 officer from-
(i) Establishment Division;
(ii) Ministry of Law and Justice;
(iii) Ministry of Finance; and
(iv) the Ministry under which the sacked employee or his employer was
working on the day of enactment of this Act,

And as its head a Chairman, who shall be a person who is a retired Judge of
the Supreme Court or of a High Court and appointed by the Federal
Government to review the cases of sacked employees as provided in
section 11.

(2) The Chairman of the Sacked Employees’ Review Board shall be

appointed on full time basis, who shall hold office till the time none of the
petitions remains pending.

(3) The Sacked Employees’ Review Board and the Chairman shall be
provided sufficient office accommodation by the Establishment Division in
Federal Capital Territory, Islamabad, within ten days of enactment of this Act.

Any forum / Committee etc. other than the Sacked Employees’ Review
Board is empowered to exercise the jurisdiction and authority of the SER Act,
2010.
 Para - 4 No Comments

Para - 5 No Comments

Para - 6 No Comments

Para - 7 Denied. Review Board in its meeting held on 28-05-2015 decided to obtain
opinion of the Secretary Finance Division regarding status of HBL ex-
employees. The Review Board never passed order for the petitioner’s
reinstatement. Copy of order dated 28-05-2015 is attached. (Annex-B).

Para - 8 Finance Division, after taking opinion of Law & Justice Davison concluded
that case of Mr. Saeed does not fall within the preview of SER Act, 2010.
Copy attached (Annex-C).

Besides, the Review Board in its meeting held on 19 October 2015 reconsidered the request
of the petitioner and passed order that.

“There is an order by Cabinet sub-committee wherein case of the

petitioner was approved for reinstatement under 6(a) of Sacked Employees’
(Re-instatement) Act, 2010 with the direction to the Secretary, Establishment Division
to reinstated the petitioner in terms of section 6(d). Petitioner states that despite this
order he has not been reinstated. He is better advised to approach the court of Law
seeking implementation of said order. Stands disposed off”. (Annex-D)

Prayer.
The learned Supreme Court of Pakistan, considering in view of facts mentioned in
preceding paragraphs may kindly disposed off the application filed by Mr. Saeed Ahmad for
reinstatement in service under SER Act, 2010.
Mr. Khalid Pervaiz, LDC (BS-07) of the defunct peoples works programme was reinstated
in service under SER Act, 2010. In response to this Division’s letter dated
16th March, 2015 (P-83/C), the Ministry of Communication had conveyed No Objection on
posting / Adjustment of Mr. Khalid Pervaiz, LDC (BS-07) in that Ministry (P-90/C). The
office order regarding adjustment / permanent absorption of the sacked employee Mr. Khalid
Pervaiz, LDC (BS-07) was accordingly issued by the Establishment Division vide office
order dated 13th July, 2015 (P-91/C).

6. The Ministry of Communication after lapse of over two months, has

informed that Mr. Khalid Pervaiz, LDC (BS-07) was temporarily adjusted as LDC (BS-07)
against the deputation post and after completion of the deputation period of the employee, he
will report to MS Wing.

8. The Office Order regarding adjustment / permanent absorption of Mr. Khalid Pervaiz,
LDC (BS-07) as LDC (BS-07) was issued after receipt of the No Objection of the Ministry
of Communication. It is, therefore, proposed that Ministry of Communication may be
requested that the official may be permanently adjusted / absorbed, as posting of sacked
employees on deputation is not possible. Draft of O.M is accordingly put up for approval,
please.

(Muhammad Aslam
Khan)
Deputy Secretary (RB)
Dated 06-10-2015

JS (Admn)
 Government of Pakistan
Cabinet Division
Establishment Division
(Review Board)
*****

The Chairman (RB), during the course of Board’s meeting held today
(02 December 2015) has been pleased to desire that the sitting Member of the Review
Board,
Mr……………… JS (Lit) be replaced by nominating any other JS of the Establishment
Division as the member of Review Board as sitting member has no interest in the
proceedings of the Review Board.

2. In view of above the matter may kindly be placed before Secretary

Establishment Division for nominating / appointing a JS of Establishment Division who will
replace JS (Lit) for the remaining tenure of the Review Board, please.

3. Submitted.

(Muhammad Aslam
Khan)
Deputy Secretary (RB)
Dated 02-12-2015
JS (Admn)
 Most Immediate
Government of Pakistan
Cabinet Division
Establishment Division
(Review Board)
*****

For last three months, we are asking for cleaning of the office of the Review
Board. The Sweeper reportedly refused to clean and even not clearing the bins.
Grateful, if DS (Admn-I) may kindly spare some time, visit the office of the
RB (Room No.1107) and take action against the defaulter(s) as deem appropriate.
DS (RB)

DS (Admn-I)
 No. 5(16)/2015/RB/M-6(175)
Government of Pakistan
Cabinet Division
Establishment Division
*****
Subject: REINSTATEMENT OF MR. MUHAMMAD NAZIR S/O ALLAH
DITTA, CHOWKIDAR (BS-01), INTO SERVICE UNDER SACKED
EMPLOYEE’S (REINSTATEMENT) ACT, 2010

Reference PUC is an order passed by the Sacked Employees Review Board

in its meeting held on 19-10-2015.

2. Mr. Muhammad Nazir has submitted an application dated 15-02-2011 to

Chairman Sacked Employees (RB) regarding reinstatement into service under SER Act,
2010. He was working in People Works Programme Rajanpur on contract basis as
Chowkidar
w.e.f. 26-4-1994 to 21-04-1997.

3. His case was fixed for hearing before the Sacked Employees Review Board
on
7-7-2015, 18-8-2015 and 19-10-2015. Being defunct organization of M/o Local Government
and Rural Development, Cabinet Division (Devolution Cell) vide their O.M.
No.F.63(7)/2009-Admn
dated 19-10-2015 reported non-availabilities the record of Mr. Muhammad Nazir
(sacked employee) with that Ministry

4. However, Sacked Employees Review Board in its meeting held on 19-10-

2015 has considered order that:-
“Despite repeatedly asked from the Cabinet Division to verify the
antecedents of Mr. Muhammad Nazir regarding his joining and
termination but no acceptable reply has been received. The petitioner is in
possession of letter of appointment and order of termination though not
original but copies. We have otherwise, asked him question regarding his
high ups during the course he was in service, the reply was satisfactory.
His services were terminated without assigning any legal reason is thus
held illegal. He is to be reinstated forthwith by the Establishment
Division and shall be adjusted according to the command of Act, XXI, of
2010. He will not claim any back benefits nor claim any seniority.”
5. In term of section 6 of SER Act, 2010 the Secretary Establishment shall be
treated as employer for those employees whose employer organization was closed disbanded
or wounded up or ceased to exist on or before 13 th February 2009. Hence, the case of
Mr. Ghulam Abbas being an employee of defunct. PWP falls within the provision of Section
6 of SER Act, 2010.

6. In view of above, file is submitted for consideration /approval of Secretary

Establishment for Reinstatement of Mr. Muhammad Nazir S/o Allah Ditta, ex-Chowkidar
(BS-01) of defunct PWP with immediate effect by creating a supernumerary post of
Chowkidar (BS-01) without any back benefit and seniority as per order dated 19-10-2015
passed by the Sacked Employees Review Board, please.

(Faaiz Aali Gill)

Section Officer (RB-II)

DS (RB)
 -10-

29. The Admin Wing has informed that this Division has number of vacant posts
which are required to be filled through direct recruitment competent authority has decided to
meet shortage of staff by absorbing / adjustment of employees of defunct organization re-
instated under
Sacked Employees Re-instated Act, 2010.

30. The Admin Wing has desired absorption/adjustment of the following 19

reinstated employees of defunct organizations in this Division:

Sr. No Name of the employees Actual designation Proposed absorption

with BS with designation and BS
1. Mr. Muhammad Rafi Stenotypist (BS-14) Stenotypist (BS-14)
2. Mr. Khalida Mahboob Stenotypist (BS-14) Stenotypist (BS-14)
3. Mr. Zulfiqar Ali Qureshi LDC (BS-07) LDC (BS-07)
4. Mr. Khan Muhammad LDC (BS-07) LDC (BS-07)
5. Mr. Muhammad Mumtaz LDC (BS-07) LDC (BS-07)
Akbar
6. Mr. Kamran Qayyum LDC (BS-07) LDC (BS-07)
7. Mirza Javed LDC (BS-07) LDC (BS-07)
8. Mr. Muhammad Saeed LDC (BS-07) LDC (BS-07)
9. Mr. Allah Baksh LDC (BS-07) LDC (BS-07)
10. Mr. Noor Jamal LDC (BS-07) LDC (BS-07)
11. Mr. Kamran Zeb LDC (BS-07) LDC (BS-07)
12. Mr. Said Marjan LDC (BS-07) LDC (BS-07)
13. Mr. Khalid Pervaiz LDC (BS-07) LDC (BS-07)
14 Mr. Muhammad Aslam Staff Car Driver (BS-04) Staff Car Driver (BS-04)
15. Mr. Imtiaz Hussain Shah Staff Car Driver (BS-04) Staff Car Driver (BS-04)
16. Mr. Gul Rehman Staff Car Driver (BS-04) Staff Car Driver (BS-04)
17 Mr. Muhammad Ameer Naib Qasid (BS-02) Naib Qasid (BS-02)
18. Mr. Muhammad Aslam Naib Qasid (BS-02) Naib Qasid (BS-02)
19. Syed Mar Shah Naib Qasid (BS-02) Naib Qasid (BS-02)

31. The Review Board with the approval of competent authority already issued
order for adjustment of Mr. Khalida Mehboob Stenotypist (BS-14) in M/o Interior and Mr
Khalid Pervaiz,
LDC (BS-07) in M/o Communication.

32. In view of above it is proposed that office order for adjustment /absorption of
19 re-instated Sacked Employees as mentioned at Para-30/N may be issued by the office of
the Review Board. We may also withdraw orders regarding adjustment / absorption of Ms.
Khalida Mehboob,
Stenotypist (BS-14), and Mr. Khalid Pervaiz, LDC (BS-7) in M/o Interior and M/o
Communication respectively.

-11-

33. Approval of JS (Admn) is solicited to the proposal made at Para-22/N above.

The matter may kindly be placed before the Secretary Establishment Division for
information please.

(Faaiz Aali
Gill)
Section Officer
(RB-II)

DS (RB)
 Government of Pakistan
Cabinet Division
Establishment Division
*****

PUC is a UO No. ........ dated 02-10-2015 send by DS(A) M/o Housing & Works,
Islamabad which may be perused.

2. Brief of the case is that Mr. Pervaiz Khan was appointed joined on
30-10-1996 as Economist in Instituemnt strengthening Project of NHA at a monthly molment of Rs.
18,000 p.m froma period of 03 year (30-10-1996 to 30-04-1997) on his request salary was increased
to Rs. 26,000/- pm later on contract period of Mr. Pervaiz was curtailed to six months i.e. form 30-
10-1996 to 30-04-1997 and his salary was reduced to Rs. 13,000/- pm.

3. On the above action of NHA, Mr. Pervaiz Khan filed a case in Civil Court on 24-04-
1997 that he should be allowed to complete 3 years of contract period of service upto 29-10-1999
and payment of salary @ Rs.26,000/- pm the Civil Judge issued consait decree in fovour of Mr.
Perviaz Khan and NHA filed Civil Service agasint the said decision in Lahore, High Court
Rawalapindi Bench. The Civil Revision was allowed .

4. In 2010, SER Act, 2010 was promulgated by the government and Mr. Perviaz Khan
filed writ petition from Islamabad High Court seeking relief of reinstatement regulization under this
Act. The Islamabad High Court accepted his petition on 20-11-2012 and his case was referred to
Review Board. Mean while Mr. Perviaz Khan was appointed as Economist in NHA on contract basis
w.e.f. 06-12-2010 upto attaing the age of superannuation.

5. The Review Board in its meeting held on 20-05-2013 has passed the following
order.
“Petitioner Mr. Pervaiz Khan, absent. Representative of Nation Highway Mr.
Muhammad Irfan, Director General produced a copy the decision of Board that the
petitioner has been reinstated vide order No. F. 1(2)/97-ADC dated 09-05-2013 in the
light of the order of Honorable High Court in Civil Petition No.96/2013 filed by Mr.
Pervaiz Khan. The petition has borne fruit and his disposed of accordingly, however,
he is directed to report to competent authority. A copy of his order may sent to the
petitioner.

6. Now, the M/o Housing & Works vide U.O referred to above (dated 02-01-2015)
has requested for views of the Establishment Division on the following paragraphs as under
consideration on his case:- Ministry of Housing & Works is considering following proposal on
his petition:-
 1) To advise Mr. Pervaiz Khan to withdraw his CIA pending in the IHC,
Islamabad and other cases in the court, if any forthwith.
2) To issue a revised reinstatement order of the petitioner in line with the
Sec-4(f) of Sacked Employees Act, 2010 as Economist (BS-19) in NHA on
regular basis in suppression of the earlier order dated 09-05-2013.
3) To make be made payment in accordance with Section 16 of the Act ibid.
4) To allow other benefits, if any, according to the provisions of the Act ibid.

7. In view of above it is stated Section 4 if the SER Act, 2010 in relevant to the
reinstatement and regularization of sacked employees. Section 16 of the SER Act, 2010
provided the ……… for the payment of compensation on reinstatement.

8. It is proposed that we may convey this Divison’s views to M/o Housing &
working as mentioned above. Further, M/o Housing & Works may conult with Law
Division for any advice / clarification pertains to SER Act, 2010, please

(Faaiz Aali Gill)

Section Officer
(RB-I)

DS (RB)
8. The RB though not satisfied with what has been stated in Para-3&4 may wait till a
final decision is being made by the competent authority with regard to the adjustment of the official,
Ms. Khalida Mehboob. The memo was issued with the approval of JS (A).

9. Keep track of her adjustment in light of request made at Para-6 and position at Para-
7 please.

(Muhammad Aslam Khan)

Deputy Secretary (RB)
JS (Admn)
 -37-

157. Para -470/N onwards refers.

158. Briefly case is that Mr. Muhammad Ismail is Ex-OG-II of UBL who was reinstated
under SER Act, 2010. On attaining the age of superannuation on 31 December 2010, the officer has
requested for the grant of pension & gratuity (P-57/C).

159. This Division has taken up the matter with Law & Justice Division & Finance
Division for seeking clarification regarding admissibility of pension to the following categories of
reinstated employees.

i. The Sacked employees who were attained the age of superannuation prior to
enactment of the SER Act, 2010 and were reinstated in terms of section 5 of the
Act ibid.
ii. The employees who were reinstated after enactment of the SER Act, 2010 and
were died in service later on.
iii. The employees who were reinstated after enactment of the SER Act, 2010 and
now reaching the age of superannuation.

160. The clarification received from both Divisions may kindly be perused
vide Page-99/C P page-171/C respectively. The Finance Division (Regulation Wing) while giving its
clarification in the matter also advised that a separate case in from of self-contained note be sent to
the IF-Wing of Finance Division for advice.

161. In view of above, a draft self-contained note addressed to Finance Division (IF-
Wing) is put up for approval of JS (Admn) please.

(Sanaullah Mallah)
Section Officer (RB-I)

DS (RB)
 -11-

46. Mr. Malook Shah, Project Director (BS-18) is a reinstated Sacked emmplyee of
defunct People’s Works Programme.

47. The DPO, Abbotabad reported about registration of FIR in Mirpur Police Station
No. 757 dated 03-11-2014 against Mr. Malook Shah under Section 365-B/34 PPC on the charges of
abduction of a lady.

48. In pursuance of CSR-194 and with the approval of Secretary Establishment Divison,
Mr. Malook Shah was placed under suspension w.e.f. 05-11-2014(P-108/C).

49. The officer, In view of the order passed by the JM-III Abbotabad, has submitted an
application for withdrawal of his suspension order. Active part of Court’s orders are reproduced
below:-

“ Alleged Abductee Mst. Bibi Saha recorded her statement u/s 164 Cr.P.C before
learned MOD on 14-06-2015. She stated that she has performed Nikkah with accused
Muhammad Younas with her free consent. That she was not abducted by anybody. She
further stated that report lodged by her father against accused Muhammad Younas is wrong.
In the light of statement of alleged abductee local police submitted that case for
cancellation alongwith application u/s 169 Cr. P.C duly forwarded by the DPP. Therefore, I
agree with the report of local police. Case in hand stands cancelled. Application u/s 169 Cr.
P.C is allowed. Accused Ijaz-ul-Haq, Muhammad Younas and Malook Shah are discharged.
Their sureties are also discharged from the liability of bail bonds.
File be consigned to record room after its necessary completion and compilation.
Announced
16.09-.2015

50. Since Mr. Malook Shah has been discharged by the Court , his request may be
accepted and he may be reinstated in service with effect from 16-09-2015 the date of announcement
of Court’s orders. The period of his suspension from service w.e.f. 05-11-2014 to 16-09-2015 may
please be treated as EOL (without pay).

Muhammad Aslam Khan)

Deputy Secretary (RB)
JS (Admn)
the officer, halid Pervaiz, LDC (BS-07) of the defunct peoples works programme was reinstated in
service under SER Act, 2010. In response to this Division’s letter dated
16th March, 2015 (P-83/C), the Ministry of Communication had conveyed No Objection on posting /
Adjustment of Mr. Khalid Pervaiz, LDC (BS-07) in that Ministry (P-90/C). The office order
regarding adjustment / permanent absorption of the sacked employee Mr. Khalid Pervaiz, LDC (BS-
07) was accordingly issued by the Establishment Division vide office order dated 13 th July, 2015 (P-
91/C).

6. The Ministry of Communication after lapse of over two months, has informed that
Mr. Khalid Pervaiz, LDC (BS-07) was temporarily adjusted as LDC (BS-07) against the deputation
post and after completion of the deputation period of the employee, he will report to MS Wing.

8. The Office Order regarding adjustment / permanent absorption of Mr. Khalid Pervaiz, LDC
(BS-07) as LDC (BS-07) was issued after receipt of the No Objection of the Ministry of
Communication. It is, therefore, proposed that Ministry of Communication may be requested that the
official may be permanently adjusted / absorbed, as posting of sacked employees on deputation is not
possible. Draft of O.M is accordingly put up for approval, please.

(Muhammad Aslam Khan)

Deputy Secretary (RB)
Dated 06-10-2015
JS (Admn)
 IN THE HIGH COURT OF SINDH, KARACHI.
C. P. NO. D-5887 of 2015
Akmal Ahmed Abbasi & others ……………… Petitioners.
Versus
Federation of Pakistan & others ………………. Respondents.

To,
The Respondents:-

1. Federation of Pakistan
Through Secretary Establishment Division,
Cabinet Secretariat, Islamabad.

2. The Special Secretary

Establishment Division,
Islamabad.

3. Deputy Secretary
Review Board, Establishment Division,
Islamabad.

4. Joint Secretary (Administration)

Establishment Division,
Islamabad.

5. The Accountability General of Pakistan Revenues

Islamabad.

PARAWISE COMMENTS ON BEHALF OF THE RESPONDENTS 1, 2, 3 & 4.

PARA NO.
COMMENTS.
FACTS
Para - 1 to 6. No Comments
Para - 7. That in pursuance of Section 6 of SER Act 2010, the Secretary
Establishment Division shall be treated as the employer of the sacked
employees for purpose of Section 3, who were terminated, dismissed
from service due to closure or disbandment or winding up of the
employer’s office, organization ceased to exist on or before 13
February 2009.
Para - 8 As provided in Section 15 of SER Act 2010, that where due to non-
availability of sectioned posts in equivalent grade, cadre, group scale
or designation, whatever the case may be, the Government
department / organistation shall immediately create supernumerary
 or additional posts to accommodate the sacked employees reinstated
under this Act and such arrangement shall continue till the
availability of regular posts and adjustment of sacked employees
against such regular posts. Hence, for the purpose supernumerary
posts have been created/sanctioned in the Establishment Division for
reinstated sacked employee (within defunct Organistation).
Para - 9 That the petitioners were working in Peoples Works Programme
(defunct) as Project Director, Assistant Executive Engineer and no
such posts sanctioned with same designation existed / available in
Establishment Division. Therefore, in order to accommodate the
reinstated sacked employees supernumerary posts under sanction 15
or SER Act-2010, have been created in the Establishment Division.
Para - 10 to That
15. Petitioners being the contract employees of the defunct Peoples
Programme were reinstated under Section 6 of SER Act,2010, in their
respective pay scales, which they were holding prior to their
removal /dismissal from service. Being contract employees their case
fall under Section 4 (b) and not under Section 4 (a) of SER Act, 2010.
Law and Justice Division vide U.O. NO. dated 24-09-2014 has
endorsed the same above view point copy attached (Annex-I).
Notifications/order dated 26-01-2015 issued in pursuance of Section
4 (b) of SER Act, 2010 and in the light of advice given by the Law
and Justice Division and also with the approval of competent
authority i.e. Secretary, Establishment Division, hence legal.
Para - 16 Denied. No discrimination has been done with petitioners. They are
still drawing their monthly salaries, etc. as provided in SER Act,
2010. Their adjustment against regular vacant post is in process.

Para - 17 Notification dated 26-01-2015 regarding withdrawal of one scale

higher has been issued with the approval of Secretary Establishment
Division after completing all formalities. In this regard recovery of
any is to be made as per rules.

Mr. Khalid Pervaiz, LDC (BS-07) of the defunct peoples works programme was reinstated
in service under SER Act, 2010. In response to this Division’s letter dated
16th March, 2015 (P-83/C), the Ministry of Communication had conveyed No Objection on
posting / Adjustment of Mr. Khalid Pervaiz, LDC (BS-07) in that Ministry (P-90/C). The
office order regarding adjustment / permanent absorption of the sacked employee Mr. Khalid
Pervaiz, LDC (BS-07) was accordingly issued by the Establishment Division vide office
order dated 13th July, 2015 (P-91/C).

6. The Ministry of Communication after lapse of over two months, has

informed that Mr. Khalid Pervaiz, LDC (BS-07) was temporarily adjusted as LDC (BS-07)
against the deputation post and after completion of the deputation period of the employee, he
will report to MS Wing.

8. The Office Order regarding adjustment / permanent absorption of Mr. Khalid Pervaiz,
LDC (BS-07) as LDC (BS-07) was issued after receipt of the No Objection of the Ministry
of Communication. It is, therefore, proposed that Ministry of Communication may be
requested that the official may be permanently adjusted / absorbed, as posting of sacked
employees on deputation is not possible. Draft of O.M is accordingly put up for approval,
please.

(Muhammad Aslam
Khan)
Deputy Secretary (RB)
Dated 06-10-2015
JS (Admn)
 -2-

5. Mr. Khalid Pervaiz, LDC (BS-07) of the defunct peoples works programme
was reinstated in service under SER Act, 2010. In response to this Division’s letter dated
16th March, 2015 (P-83/C), the Ministry of Communication had conveyed No Objection on
posting / Adjustment of Mr. Khalid Pervaiz, LDC (BS-07) in that Ministry (P-90/C). The
office order regarding adjustment / permanent absorption of the sacked employee Mr. Khalid
Pervaiz, LDC (BS-07) was accordingly issued by the Establishment Division vide office
order dated 13th July, 2015 (P-91/C).

6. The Ministry of Communication after lapse of over two months, has

informed that Mr. Khalid Pervaiz, LDC (BS-07) was temporarily adjusted as LDC (BS-07)
against the deputation post and after completion of the deputation period of the employee, he
will report to MS Wing.

8. The Office Order regarding adjustment / permanent absorption of Mr. Khalid Pervaiz,
LDC (BS-07) as LDC (BS-07) was issued after receipt of the No Objection of the Ministry
of Communication. It is, therefore, proposed that Ministry of Communication may be
requested that the official may be permanently adjusted / absorbed, as posting of sacked
employees on deputation is not possible. Draft of O.M is accordingly put up for approval,
please.

(Muhammad Aslam
Khan)
Deputy Secretary (RB)
Dated 06-10-2015
JS (Admn)
 -2-

5. PUC is an O.M. dated 18-09-2015 (received on 01-10-2015) from Ministry of

Communication regarding adjustment of Mr. Khalid Pervaiz, LDC (BS-07) (P-93/C). It is
mentioned that an NOC (P-90/C) was issued by the M/o Communication for his posting in
that Ministry. The service of Mr. Khalid Pervaiz, LDC (BS-07) re-instated under SER Act,
2010 were placed at the disposal of M/o Communication vide Establishment Division’s
order dated 13-07-2015 (P-91/C).

7. Now, the M/o Communication vide O.M. dated 18-09-2015 referred to above
has stated that there is one deputation vacancy available in Planning Mentoring &
Evaluation Cell of Ministry of Communication therefore, Mr. Khalid Pervaiz, LDC (BS-07)
is currently / temporarily adjusted against the vacant deputation post and after completion of
deputation period of the employee of M/o Communication Mr. Khalid Pervaiz will report to
MS. Wing.

8. The posting of an official re-instated under SER Act, 2010 against a deputation
vacancy is not possible. The posting order of Mr. Khalid Pervaiz was issued after issuance of
NOC by the M/o Communication, it is therefore proposed that we may request to that
M/o Communication to adjust the official in that Ministry on permanent basis as per DFA.

(Muhammad Aslam Khan)

Deputy Secretar(RB)
Dated 06-10-2015
JS (Admn)
10. Reference preceding paras and orders at para-8/N.

11. The definition of sacked employee as mentioned in Section 2 (f) of the SER Act, 2010 is:

Section 2

(f) “sacked employee” means –

(i) a person who was appointed as a regular or ad hoc employee or on

contract basis or otherwise in service of employer, during the period
from the 1st day of November, 1993 to the 30th day of November,1996
(both days inclusive) and was dismissed, removed or terminated from
service or whose contract period was expired or who was given forced
golden handshake during the period from the Ist day of
November,1996 to the 12th day of October, 1999 (both days
inclusive);

(ii) a person who was appointed as a regular or ad hoc employee or on

contract basis or otherwise or who was a member of the civil
service of the Federation or who held a civil post in connection with affairs
of the Federation, in a Ministry, Division or department during the
period from the Ist day of November, 1993 to the 30th day of
November,1996 (both days inclusive) and was dismissed ,
removed or terminated from service or whose contract period was
expired or who was given forced golden hand shake during the
period from the Ist day of November,1996 to the 12th day of October, 1999
(both days inclusive);

(iii) a person who was appointed or re-instated in service of employer

during the period from the 1st day of November, 1993 to the 30th day
of November,1996 (both days inclusive) and who
subsequently dismissed or removed or terminated from service the
Ist day of November,1996 to the 12th day of October, 1999 (both
days inclusive) or who intermittently dismissed , removed or
terminated from service from time to time and re- instated through
statuesque order or judgment of any tribunal or any court including
the Supreme Court or a High Court or through any
administrative order or through withdrawal of any order conveying
dismissal, removal or termination or by any other way on any date after
the Ist day of November,1996;

(iv) a person who was appointed during the period from the 1st day of
November, 1993 to the 30th day of November,1996 (both days
inclusive) and dismissed, removed or terminated from
Government or corporation service on any charges or allegations
during or after the period from service the Ist day of
th
November,1996 to the 12 day of October, 1999 (both days
inclusive), whether re-instated or taken back into service or not on
orders of any tribunal or court including the Supreme Court or a High
Court or any other authority;
 (v) a person who was appointed or re-instated in service of employer
during the period from the 1st day of November, 1993 to the 30th day
of November,1996 (both days inclusive) and dismissed or
removed or terminated or dissociated or was dis-continued from
service on account of closure of his or her employer or office or
organization, irrespective of the fact that whether a letter or
notification or anything in writing for sacked employee’s
dismissal or removal or termination or dissociation or
discontinuation of service was issued or not or the status of sacked
employee’s service was turned inactive or otherwise; and

(vi) a person who was appointed or reinstated in service of employer

during the period from the 1st day of November, 1993 to the 30th day
of November,1996 (both days inclusive) and dismissed,
removed or terminated from the service of employer on
account of absence from duty, misconduct, mis-appropriation
of Government money or stock, or unfitness on medical
grounds;

12. Resubmitted as desired please.

(Sanaullah Mallah)
Section Officer (RB-I)

DS (RB)

2(f) “sacked employee” means:

xi. a person who was appointed as a regular or ad hoc employee or on contract basis or
otherwise in service of employer, during the period from the 1 st day of November,
1993 to the 30th day of November,1996 (both days inclusive) and was dismissed,
removed or terminated from service or whose contract period was expired or who
was given forced golden handshake during the period from the Ist day of
November,1996 to the 12th day of October, 1999 (both days inclusive);

xii. a person who was appointed as a regular or ad hoc employee or on contract basis or
otherwise or who was a member of the civil service of the Federation or who held a
civil post in connection with affairs of the Federation, in a Ministry, Division or
department during the period from the Ist day of November, 1993 to the 30 th day of
November,1996 (both days inclusive) and was dismissed , removed or terminated
from service or whose contract period was expired or who was given forced golden
 hand shake during the period from the Ist day of November,1996 to the 12 th day of
October, 1999 (both days inclusive

xiii. a person who was appointed or re-instated in service of employer during the period
from the 1st day of November, 1993 to the 30th day of November,1996 (both days
inclusive) and who was subsequently dismissed or removed or terminated from
service during period from the Ist day of November,1996 to the 12 th day of October,
1999 (both days inclusive) or who was intermittently dismissed , removed or
terminated from service from time to time and re-instated through statuesque order
or judgment of any tribunal or any court including the Supreme Court or a High
Court or through any administrative order or through withdrawal of any order
conveying dismissal, removal or termination or by any other way on any date after
the Ist day of November,1996;

xiv. a person who was appointed during the period from the 1 st day of November, 1993
to the 30th day of November,1996 (both days inclusive) and dismissed, removed or
terminated from Government or corporation service on any charges or allegations
during or after the period from service the Ist day of November,1996 to the 12 th day
of October, 1999 (both days inclusive), whether re-instated or taken back into
service or not on orders of any tribunal or court including the Supreme Court or a
High Court or any other authority;

xv. a person who was appointed or re-instated in service of employer during the period
from the 1st day of November, 1993 to the 30th day of November,1996 (both days
inclusive) and dismissed or removed or terminated or dissociated or was
discontinued from service on account of closure of his or her employer or office or
organization, irrespective of the fact that whether a letter or notification or anything
in writing for sacked employee’s dismissal or removal or termination or dissociation
or discontinuation of service was issued or not or the status of sacked employee’s
service was turned inactive or otherwise; and
xvi. a person who was appointed or reinstated in service of employer during the period
from the 1st day of November, 1993 to the 30th day of November,1996 (both days
inclusive) and dismissed, removed or terminated from the service of employer on
account of absence from duty, misconduct, misappropriation of Government money
or stock, or unfitness on medical grounds;
Section 3 the Act provides that:

1). A sacked employee, as defined in section 2 above, may file an application, within
ninety days of the enactment of this Act, to an officer of his employer for
reinstatement of his service where the sacked employee shall clearly write the date of
application appearing on the face of application.

2). In case, where sacked employee was serving in a defunct organization, he shall
file his application for taking him back into service or in cases where sacked
employee has already been reinstated under directions of any tribunal or any court
including the Supreme Court or a High Court or otherwise he may file his
application for his regularization of service.

3). The application shall be deemed to have been filed with the employer or
authority or office so authorized for the purpose of this Act, if the sacked employee
files the application in person or through his representative or through registered
post. In case of filing of application through registered post, receipt of registered post
alongwith a copy of the application, available with the sacked employee shall stand
sufficient evidence of the fact ha the application was filed by the sacked employee,
on date appearing on copy of application available with the sacked employee.
 F. NO. 6-35(Misc)/2010-RB
GOVERNMENT OF PAKISTAN
CABINET SECRETARIAT
ESTABLISHMENT DIVISION
<<>>

Subject: REQUEST OF MIAN ZAWAR HUSSAIN, DEPUTY DIRECTOR (BS-

18) FOR REINSTATEMENT IN BPS-18 W.E.F 16-03-2011.

Reference Ministry of Textile’s U.O No. 1(59)TID/06 Cotton-II dated 04-01-

2015.

2. According to Ministry, Mian Zawar Hussain was reinstated as Assistant

Director (BPS-17) on 16-03-2011 under the SER Act,2010 and then on the recommendation
of DPC he was promoted as Deputy Director (BPS-18) w.e.f 07-12-2012.

3. For appreciation of the case that Ministry was requested to provide a copy of
notification and minutes of Cabinet Sub-Committee (if any) under which, Mr. Mian Zawar
Hussain was reinstated into service which is still being awaited. However, Ministry of
Textile has requested for Establishment Division’s advice whether the applicant should be
reinstated as Deputy Director (BPS-18) w.e.f 16-03-2011 or his reinstatement as Assistant
Director (BPS-17) w.e.f 16-03-2011 and then his promotion as Deputy Director (BPS-18)
w.e.f 07-12-2012 is correct under the rules.

4. It is proposed that Ministry of Textile may be informed to take up the matter

with Ministry of Law, Justice and Human Rights for getting necessary clarification/advice. A
draft O.M is accordingly put up for approval of Joint Secretary (Admn), please.

(Sanaullah Mallah)
Section Officer (RB-I)

DS (RB)
 IN THE HIGH COURT OF ISLAMABAD

W.P.NO. 4141/ 2015

Oil and Gas Development Company Limited (OGDCL), OGDCL House, Blue
Area, Islamabad through Mr. Arshad Malik, General Manager (H.R) OGDCL
Islamabad.
Petitioner
Versus

13) The Sacked Employees Review Board, Establishment Division through

Secretary Establishment, Cabinet Secretariat, Government of Pakistan
Pak Secretariat, Islamabad.

14) Mr. Muhammad Asghar Khan s/o Noor Muhammad Khan, Tabi Miyana
P.O Tabi Qaisarani, Tehsil Taunsa Sharif, District D.G. Khan
Respondents
Petition under Article 199 of the Constitution

PARAWISE COMMENTS ON BEHALF OF RESPONDENT NO. 1

Respectfully Sheweth;

PARAWISE COMMENTS
para

1. No Comments

2. Admitted

3. Admitted

The Respondent No. 2 does not apply to the Review Board within 90 days of
4.
the enactment of SER Act, 2010.

5. As in para 4 above

6. As in para 4 above.
PRAYER

In view of above, It is humbly prayed that the instant petition may be disposed off
by declaring Review Board orders as legal.
 -:24:-

93. Reference PUC.

94 Briefly, case is that Mr. Fiaz Hussain Bhatti, OG-II, Ex UBL Officer was
reinstated in service w.e.f. 03-01-2011 by the Establishment Division in pursuance of
Section 6 of the SER Act, 2010.

95. The services of the officer were placed from 16-04-2015 at the disposal of
Ministry of Commerce, Islamabad for adjustment/posting against a regular vacant post of
Statistical Officer
(BS-17) on permanent basis (Page 82/C). He accordingly assumed charge of the post of
Statistical Officer (BS-17) in Ministry of Commerce on 23-04-2015 on permanent basis.
Later, pursuant to Section 4(a) of the SER Act, 2010 he was granted BS-18 (one step higher)
by the Establishment Division
w.e.f 03-01-2011, the date of his reinstatement into service. (P /C).

96 Ministry of Commerce has now informed that it approached to Finance Division

(FA’s Organization for creation of supernumerary post of Statistical Officer (BS-18) w.e.f
23-04-2015, the date he was granted BS-18. The FA’s Organization is of the view that
reinstatement case of
Mr. Fiaz Hussain Bhatti under the Reinstatement Ordinance may be referred back to
Review Board to re-examine ab-intio for further action.

97. In this regard, it is stated that :

xx. The UBL was privatized in terms of Privatization Commission’s Gazette Notification
dated 18-11-2002.
xxi. The Privatization Commission vide their O.M. dated 15-05-2012 (P /C) has
intimated that UBL prior to its privatization was owned and/or controlled by the
Government of Pakistan through State Bank of Pakistan and other nominees.

xxii. The Ministry of Law and Justice vide their O.M dated 12-07-2012 (P /C) has
confirmed that at the time of termination of their (10 x UBL employees) services,
the United Bank Limited was owned and/or controlled by the Government of
Pakistan through State Bank of Pakistan and was later privatized on 19 October
2002, therefore, Section 6 of Sacked Employees Re-instatement Act,
2010 is applicable in this case and under Section 6(a) the Secretary,
Establishment Division, being the employer of the sacked employees, can
entertain and re-instate such employees in accordance with law”.

xxiii. The officer was reinstated into service by The Establishment Division in pursuant to
Section 6, Section 4(e) (i) and 4 (e) (ii) of the SER Act, 2010.

xxiv. Reinstated into service 10 x officer of UBL (including Mr. Fiaz Hussain Bhatti) One
scale higher BS-18 on reinstatement into service is granted to Mr. Fiaz Hussain
Bhatti under Section 4 (a) of SER Act, 2010 with the approval of competent
authority.

xxv. Mr. Fiaz Hussain Bhatti was permanently adjusted in Ministry of Commerce with the
approval of Secretary Establishment Division vide notification No.6-19/2014-RB
dated 16-04-2015 (P /C) against a regular reported vacant post of Statistical
Officer (BS-17).
98. In view of above, Ministry of Commerce may be informed that Mr. Fiaz Hussain
Bhatti
was adjusted /posted in Ministry or Commerce against a regular reported vacant post of
Statistical Officer (BS-17) on permanent basis. The grant of one scale higher BS-18 under
Section 4(a) of SER Act, 2010 to the officer is only for the sake of monitory benefits. Since
grant of BS-18 is one scale higher and not “one step higher” (as mentioned by referring
Ministry in O.M. dated 31-12-2015), there is no need to create a supernumerary post and to
place his case before the Review Board.

99. Submitted for consideration of Joint Secretary (Admn) and approval of the proposal
at
para-98/N.

(Sanaullah Mallah)
Section
Officer (RB-I)
DS (RB)
 No. 5(16)/2015/RB/M-(480)
Government of Pakistan
Cabinet Division
Establishment Division
*****
Subject: REINSTATEMENT OF MR. ABDUL MALIK S/O ABDUL REHMAN,
MESSENGER, INTO SERVICE UNDER SACKED EMPLOYEE’S
(REINSTATEMENT) ACT, 2010

Reference PUC is an order passed by the Sacked Employees Review Board in

its meeting held on 13-10-2015.

2. Mr. Addul Malik has submitted an application dated 09-03-2011 to

Joint Secretary (Admn), Establishment Division regarding reinstatement into service under
SER Act, 2010. He was working in Youth Investment Promotion Society on daily wages
basis as Messenger
w.e.f. 16-07-1995 to April 1999.

3. Sacked Employees Review Board in its meeting held on 13-10-2015 has

considered order that:-
“Petitioner was an employee of Youth Investment Promotion Society
working as Messenger from July 1995 till July 1999. It appears that on
liquidation of the Society the ex-employees were asked to wait for a
month and shall apply to the successors Bank SBE for appointment
afresh. Petitioner stated that he did apply within time but he never got
any response.

In view of Section (6) of the sacked Employees (Reinstatement) Act, 2010

case of the petitioner is allowed /accepted with the direction that the
Secretary Establishment to deal with this case in terms of Section (6) (a)
of the Act. On absorption/re-instatement he shall not be entitled to any
back benefits and seniority”

4. In term of section 6 of SER Act, 2010 the Secretary Establishment shall be

treated as employer for those employees whose employer organization was closed disbanded
or wounded up or ceased to exist on or before 13th February 2009. Hence, the case of Mr.
Abdul Malik being an employee of defunct Youth Investment Promotion Society falls within
the provision of Section 6 of SER Act, 2010.

5. In view of above, file is submitted for consideration /approval of Secretary

Establishment for Reinstatement of Mr. Abdul Malik S/o Abdul Rehman, ex-Messenger of
defunct Youth Investment Promotion Society with immediate effect by creating a
supernumerary post of Messenger without any back benefit and seniority as per order dated
13-10-2015 passed by the Sacked Employees Review Board, please.

(Sanaullah Mallah)
Section Officer (RB-I)
DS (RB)
 -

13. Reference FR.

14 Brief of the case is that Mr. Tahir Abbas, previously working as LDC (BPS-07) in
the defunct Peoples Works Program reinstated into service w.e.f 04-01-2011 in term of
Section 6 of the SER Act, 2010. The services of Mr. Tahir Abbas were placed at the disposal
of Pakistan Mint against regular vacant post on permanent basis.

15. The Tahir Abbas at the time of joining in Pakistan Mint intimated that he neither
know typing nor has the experience to work on computer operation.

16. Pakistan Mint stated that Mr. Tahir Abbas does not fulfill the eligibility
criteria for the post of LDC as per requirement of minimum typing speed of 30 words per
minute for a security key post 1-A which is highest in the country.

17. Earlier, Pakistan Mint was informed (F/A ) that he has to perform as LDC as
initial recruitment and later on reinstatement on the same post as per job description and
recruitment rules which provide that minimum typing speed of 30 words per minute must
for LDC.

18. In view of above, it is proposed that Pakistan Mint may be informed to

proceed against the official under E & D Rules, 1973. A draft letter is accordingly put up for
approval of Joint Secretary (Admn), please.

19. Submitted for approval, please.

(Sanaullah Mallah)
Section Officer (RB-I)
DS (RB)
 PUC refers to an OM written by M/o Commerce regarding ambiguity of
date of joining of Mr. Barkat Ali Jokhio, a reinstated employee of Cotton Export
Corporation. Breif facts of the case are that Mr. Jokhio was ex-Deputy Manager of
defunct Cotton Export Corporation (CEC). After promulgation of Sacked Employees
Reinstatement ordinance in 2009, he submitted joining report on 30-2-2009 in Trading
Corporation of Pakistan which was not accepted by TDCP later on he filed petition to
Review Board for reinstatement. Review Board in its meeting held on 4 th February, 2010
reinstated him into service and passed following order:-

In pursuance of Review Board order he was reinstated into service by TCP

vide office order dated 5-5-2010 as Deputy Manager with condition to pay back amount
already drawn by him under voluntary retirement Scheme (VRS). He joined duty on
same day as his previous joining dated 23-2-2009 was not accepted by TCP reference, he
did not serve the corporation from 23-2-2009 to 4-5-2010.
Now the Ministry of Commerce has sought clarification from Establishment
Division that what date of joining of Mr. Jokhio should be considered whether 23-2-2009
or 5-5-2010.

Section-4 provides that in all sacked employees Section 8 provides that

Former views from Regulation Wing can be solicited.

(Sanaullah Mallah)
Section
Officer (RB-I)
DS (RB)
 Reference PUC.

Para-64/N onwards may kindly be perused to recall the case.

Briefly Mr. Matloob Hussain a reinstated Sacked Employee approached

Wafaqi Mohtasib for grant of pension gratuity etc. The Wafaqi Mohtasib Secretariat
issued findings including ground of closures on the request of Mr. Matloob is may kindly
be perused at para.
 -2-

06. Reference preceding paras.

07. The O.M dated 24-02-2012 was issued in light of provisions of SER Act, 2010. Section
16 of the Act provides that:
“Payment of Compensation on re-instatement-(1) Each sacked
employee, whether re-instated in service of corporation or autonomous or
semi-autonomous organization or government under provisions of this Act,
or regularized, where sacked employee is already taken back in service
under order of any tribunal or any court including the Supreme Court of a
High Court, shall be paid compensation out of employers’ own resources,
with waiting for any type of transfer or receipt of funds from any other
organization or Ministry, equal to gross monthly emoluments of three years,
at the rate of monthly pay and allowances payable at the time disbursement
of installment for the relevant post, grade, cadre, group or designation,
whatever the case may be, in which the sacked employee is being re-instated
or regularized, if already taken back in service.”

08. As stated in para 3/N, the Review Board is only dealing with Section 11 and 13 of
SER Act, 2010. The Lit. Wing may kindly take further necessary action accordingly,
please.

(Muhammad Aslam
Khan)
Deputy Secretary
(RB)
04-04-2016

J.S (Admn)

J.S (D&L)
 File No.1 (49)/2011-RB

GOVERNMENT OF PAKISTAN
ESTABLISHMENT DIVISION
(RB-I SECTION)
<><><>

SUBJECT: REQUEST FOR TRANSFER TO BALUCHISTAN PROVINCE

PUC is an application of Mr. Fida Ali Marri, Project Director (BS-17)

Sacked Employee reinstated into service w.e.f. 04-01-2011 (Page-1/c).

2. The above officer has stated that he belongs to Baluchistan

Province, having 58 years of age and also is a serious Pollen Allergy patient. The
atmosphere of Islamabad is not suitable for him, therefore, he may be
transferred to Baluchistan Province.

3. In this regard, it is submitted that the request of the above officer

for his transfer to Baluchistan, Province, due to his health issues at present, for
that we have no information about vacancies available in Baluchistan Province
for his adjustment.

4. In view of above, it is proposed we may request Baluchistan

Government/surplus pool for his adjustment in Baluchistan if there any vacancy
exists or we may advise above officer to provide NOC at his own in Baluchistan
in this regard.

5. Submitted, please.

(MUHAMMAD NADEEM MUJAHID)

Section Officer (RB-I)
01-06-2016

Deputy Secretary (RB)

 -6-

22. PUC is an O.M dated 18-07-2016 of Ministry of Communications addressed to

Director General (SP), MS Wing, Establishment Division. The same has been marked to
DS (RB) on 19-07-2016.

23. The Section Officer (SP) MS Wing Establishment Division vide their O.M dated
06-05-2016 has intimated that Ministry of Communications has seeking NOC from this
Division for recruitment of different posts under Aghaz-e-Haqooq-e-Baluchistan Package.
The MS Wing has issued NOC for filling up of 167 posts and requested to Review Board
Section for issuance of adjustment orders of the following four reinstated employees for
adjustment against the vacant posts of Male Peon (BS-02) at Quetta & Sibbi Postal
Divisions:-

S.# Name of Employees & Designation Domicile Adjustment against Placement of

Father Name & BPS Vacant Post as Posting

1. Mr. Muhammad Baqir Naib Qasid Baluchistan Male Peon (BS-02) Quetta/Sibbi
S/o Muhammad Moosa (BS-02) Postal Division
2. Mr. Ghulam Rasool Naib Qasid Baluchistan Male Peon (BS-02) Quetta/Sibbi
S/o Ghawar Khan (BS-02) Postal Division
3. Mr. Nawab Ali Naib Qasid Baluchistan Male Peon (BS-02) Quetta/Sibbi
S/o Abdul Karim (BS-02) Postal Division
4. Mr. Muhammad Amin Naib Qasid Baluchistan Male Peon (BS-02) Quetta/Sibbi
S/o Muhammad Rahim (BS-02) Postal Division

24. Accordingly, the service of 04 reinstated sacked employees having Baluchistan

domicile have been placed at the disposal of Ministry of Communication for absorption
as Male Peon against vacant posts at Sibbi and Quetta Postal Division vide Establishment
Division’s O.M dated 17-05-2016 (Page 64/c).

25. Now, the Ministry of Communications vide their O.M dated 18-07-2016 (PUC)
has intimated to MS Wing of Establishment Division that Senate Standing Committee is
monitoring the whole situation and strictly directed to finalize the recruitment process at
the earliest. At this belated stage if less than 171 posts are advertised against Aghaz-e-
Haqooq-e-Baluchistan Package, it will create controversy. The case of said 04 officials
will be considered after aforesaid recruitment. They further added that the employees
are still at the disposal of Establishment Division and requested for release of their
salary by this Division.
26. In view of above, it is proposed that we may request the MS Wing to look into
the matter and direct the Ministry of Communications to implement the orders of the
Establishment Division dated 17-05-2016 strictly and make the payment of salary to
them. Otherwise, the NOC dated 06-05-2016 for filling up 167 different posts will be
withdrawn.

27. Draft U.O to SO (SP) MS Wing Establishment Division on the above lines is also
submitted for approval, please.

JS (Admn)
 -91-

319. Reference FR (Page-135/c). Ministry of Information, Broadcasting & National

Heritage, Islamabad has intimated to Surplus Pool Section for grant of NOC for recruitment
against the reported posts. The said recipt has been sent down to us to explore possibility of
adjustment of reinstated sacked employees

320. There are 65 reinstated officers/officials who have not yet been adjusted/absorbed in
any Ministry/Division/Department (List placed at Flag-“A”) for perusal. The detail of
vacancy position intimated by the MS Wing and sacked employees still to be adjusted, is
given below:

S.# Designation BPS Number of Vacant Sacked employees to be

Posts adjusted
1. Stenotypist BS-14 08 Posts -Nil-
2. Research Assistant BS-12 01 Post -Nil-
3. Telephone Operator BS-09 01 Post -Nil-
4. LDC BS-07 05 Posts 09 Posts (Sr. No.33 to 41) of
the attached list
5. Sweeper BS-01 03 Posts -Nil-
6. Staff Car Driver/DR BS-04 03 Posts 17 (Sr. No. 42 to 58) of the
attached list
7. Chowkidar BS-01 01 Post 01 (Sr. No. 65) of the
attached list
. It is proposed that keeping in view of the Date of Birth, the following reinstated
/officials may be adjusted against vacant posts in M/o Information, Broadcasting & National
Heritage, Islamabad.

S.# Name & Designation BPS Name of vacancy and BS informed by MS

Wing against which adjustment is
proposed
1. i. Mr. Mushtaq Ahmed 07 LDC (BS-07)
S/o Abdul Rasheed One post is LDC (BS-07) is reserved for
ii. Mr. Khairaat Hussain minority and one is reserved for disabled
S/o Imam Bakhsh quota. Therefore no adjustment can be made
iii. Mr. Ishtiaq Khan against the slots
S/o Tawab Khan
2. i. Mr. Muhammad Younas 04 Driver (BS-04)
S/o Muhammad Ramzan Dispatch Rider (BS-04)
ii. Syed Tanveer Hussain
Naqvi S/o Tufail Hussain
iii. Muhammad Pervez
S/o Talab Hussain
3. Mr. Muhammad Nazeer S/o 01 Chowkidar (BS-01)
Allah Dita
 -92-

322. Submitted for approval of proposal made at para 321/N by Joint Secretary (Admn),
please.

(Muhammad Nadeem Mujahid)

Section Officer (RB-I)
Deputy Secretary (RB) on leave

Joint Secretary (Admn)

 -7-

29. Reference paras 22-27/N.

30. The Office Memorandum issued to Management Service Wing,

Establishment Division to take up the matter with Ministry of Communications for
compliance of orders dated 17-05-2016 issued by Establishment Division for
adjustment of 04 reinstated Naib Qasids having Baluchistan domicile.

31. The Management Service Wing has returned the same to Review Board
Section, Establishment Division with the remarks that:

“Please take up subject case directly with Ministry of

Communication with reference to O.M. No. 7(6)/2013-Admn dated
15-06-2016”

32. It is stated that Establishment Division issuing orders for adjustment of

reinstated sacked employees under the provision of Section 6 of Sacked
Employees (Re-instatement) Act, 2010. In case anyone found guilty of
disobeying, the concerned(s) will have to be dealt with under Section 18 of SER
Act, 2010 which provides that:

Penalty for disobeying or willfully creating hurdles. ----- (1) Anyone

found guilty of willfully disobeying the provisions of this Act or willfully
creating hurdles for implementation of the provision of this Act, shall be
liable to maximum punishment of removal from service or any other major
or minor penalty as may be determined by the appointing authority of such
accused officer or employee.

33. It is proposed that we may direct the Ministry of Communication to adhere

the order dated 17-05-2016 issued by Establishment Division for adjustment of 04
reinstated Naib Qasids having Baluchistan domicile to avoid any action under the
provision of Section 18 of Sack Employees (Re-instatement) Act, 2010.

34. Draft Office Memorandum to Ministry of Communication on the above lines is

also placed below for perusal and approval, please.

Deputy Secretary (RB) on leave

Joint Secretary (Admn)

 -21-

75. Reference RF (P-89/C), Revenue Division Islamabad has requested Surplus Pool
Section of this Division for posting of Driver or grant of NOC for recruitment against the
reported post. The said receipt has been sent down by the Section to us for adjustment of a
suitable Driver out of reinstated employees.

76. There are 65 re-instated officers/official who have not yet been adjusted / absorbed in
any Ministry/Division/Department (list is at F/A) for perusal. At present we have
17 Drivers for adjustment. Main file of adjustment of sacked employees is already submitted
for adjustment of sacked employee including following three Drivers in Ministry of
Information, Broadcasting and Nation Heritage, Islamabad.

 Mr. Muhammad Younus S/o of Muhammad Ramzan

 Syed Tanveer Hussain Naqvi S/o Tufail Hussain
 Mr. Muhammad Perveez S/o Talib Hussain

77. It is proposed that keeping in view of the Date of Birth Mr. Syed Wali Shah S/o
Islam Shah who is senior most excluding the above 03 Drivers, may be adjusted against the
vacant post of Driver in Revenue Division. `

78. Submitted for approval of proposal made at para 77/N by Joint Secretary (Admn),
Please

(Muhammad Nadeem Mujahid)

Section Officer (RB-I)
Deputy Secretary (RB) on leave

Joint Secretary (Admn)

 -93-

324. Reference FR (Page- 141/c) Cabinet Division has intimated to surplus pool
Section for recruitment against the reported posts. The said receipt has been
sent down by the section to us for adjustment of reinstated sacked employees.

325. There are 57 reinstated officers/officials who have not yet been
adjusted/absorbed in any Ministry/Division/Department (List is at Flag-A) for
perusal). The detail, of vacancy position intimated by the Management Service
Wing and sacked employees still to be adjusted against the post is given below:

S.# Designation BS Number of Sacked Employees to be

Vacant Posts adjusted
1. Programmer 17 01 Post -Nil-

2. Assistant Director 17 01 Post 22 Project Director/Admin

Officer/Officer Executive
(Sr. No. 2 to 20 & 22 to 24)
3. Data Entry 12 02 Posts -Nil-
Operator

326. It is proposed that keeping in view of the date of birth Mr. Asghar Ali Shah
S/o Gul Hassan Shah, Project Director (BS-17) who is senior most and is suitable
for adjustment against the vacant post of Assistant Director (BS-17) in the
Cabinet Division. He may be absorbed/permanently adjusted in the above
Division, under intimation to surplus pool Section.

327. Submitted for approval of proposal at para 326/N by Establishment

Secretary, please.

(Muhammad Nadeem Mujahid)

Section Officer (RB-I)
02 August 2016
Deputy Secretary (RB)
 -22-

93. Reference FR (Page 75/c). Ministry of Communication has intimated that

Mr. Ishtiaq Ahmed, Research Officer (BS-17) a Re-instated Sacked Employee be
adjusted elsewhere against BS-18 post.

94. Ministry of Communication has stated that Mr. Ishtiaq Ahmed Research
Officer (BS-17) submitted an application on 15-02-2016 and requested to
induct/absorb his services against the post of Assistant Chief (BS-18) as per
Establishment Division’s Notification No. 1-13/2012-RB-II dated 03-08-2015.
There is no available post of Assistant Chief (BS-18) in NTRC therefore he may
be adjusted elsewhere against BS-18 post.

95. Moreover the above officer has also submitted an application for leave
w.e.f. 07-08-2016 to 20-09-2016 to proceed for Hajj on 28-07-2016 to
Establishment Division.

96. In this regard, it is stated that Mr. Ishtiaq Ahmed S/o Ghulam Haider, Ex-
Officer Grade-II of UBL BS-17 was adjusted in National Transport Research
Centre (NTRC) M/o Communication against the regular post of Statistical Officer
(BS-17) on permanent basis w.e.f. 16-04-2015 under Section 6 of Sacked
Employees (Reinstatement) Act, 2010. Later he was granted BS-18 (one step
higher scale) vide Notification NO. 1-13/2012-RB-II dated 03-08-2015 with effect
from 03-01-2011. Since the adjustment of Mr. Ishtiaq Ahmed, Research Officer
(BS-17) NTRC M/o Communication all connection of the officer have been
severed with Establishment Division.

97. In view of above, position it is proposed that we may communicate to the

above officer to submit his request of leave to NTRC and inform the above
position to Ministry of communication as per DFA please

(Muhammad Nadeem Mujahid)

Section Officer (RB-I)
Deputy Secretary (RB)
 ESTABLISHMENT DIVISION
(Review Board Section)
<><><>
Subject: ADJUSTMENT OF REINSTATED SACKED EMPLOYEES

The services of the following 08 sacked employees Assistant Executive

Engineer (Civil) (BS-17) Re-instated were placed at the disposal of Pakistan Public Works
Department (PWD) by this Division’s Notification dated 15-05-2015.

S.# Name & Father’s Name Designation/BS

1. Mr. Muhammad Tariq Nadeem Assistant Executive Engineer (Civil)

S/o Muhammad Sharif (BS-17)
2. Mr. Zaki S/o Muhammad Rafi Assistant Executive Engineer (Civil)
(BS-17)
3. Mr. Nek Muhammad Assistant Executive Engineer (Civil)
S/o Nazar Muhammad Sheikh (BS-17)
4. Mr. Abdul Aziz Kehar Assistant Executive Engineer (Civil)
S/o Umaruddin (BS-17)
5. Mr. Abdul Hafeez Assistant Executive Engineer (Civil)
S/o Ghulam Nabi Khan (BS-17)
6. Mr. Jalaluddin Assistant Executive Engineer (Civil)
S/o Fazal Wahid (BS-17)
7. Mr. Muhammad Shoaib Assistant Executive Engineer (Civil)
S/o Sardar Muhammad Ishaq (BS-17)
8. Mr. Jamil Ahmed Khan Assistant Executive Engineer (Civil)
S/o Baz Muhammad Khan (BS-17)

2. Ministry of Housing & Works has intimated that non of the officers have
joined there, Therefore, requested to cancel the absorption order of the above
employees so that the post could be filled through FPSC.
3. In this regard, it is submitted that the services of above officers were
placed at the disposal Pak PWD Ministry of Housing & Works for adjustment/posting
against regular vacant post Assistant Executive Engineer (BS-17) on permanent basis
under Section 6 of SER Act, 2010 as such all connections of the officers have been
severed with Establishment Division since Notification for posting in Pak PWD Ministry of
Housing and Works Islamabad.

4. In view of above, it is proposed that we may:

 i. Direct to above sacked employees to report for duty in Pak PWD Ministry
of Housing & Works within 15 days failing which strict disciplinary action
will be taken against them under (E&D), Rules, 1973.
ii. Section Officer (Cash) may be requested to stop the salary of the above
sacked employees forthwith.

(Muhammad Nadeem Mujahid)

Section Officer (RB-I)
Deputy Secretary (RB)
 -17-

77. Reference Para 57/N onward.

78. FR at (Page 112/c) Ministry of Law and Justice in response to this Division’s u.o
dated 01-06-2016 regarding views comments on the absorption/permanent adjustment
of Mr. Pervez Akhtar, Assistant Executive Engineer (BS-18) in Sindh Government.

79. Joint Secretary, Law and Justice has presented her stance on the case that
” the Sindh Government cannot revoke its decision after lapse of two and a half years
when all the formalities carefully and legally followed through”.

80. On the other hand legislative advisor has presented different view point i.e
“ that the Government benevolent employer must act with sense of magnanimity and its
action should inspire confidence in the employee that he is being fairly dealt with
therefore, the officer may be allowed to resume his duties as absorption stands
withdrawn”.

81. While concluding Joint Secretary, Law and Justice has conceded with the views
of legislative advisor in the light of ultimate order of the Supreme Court of Pakistan and
the fact that the borrowing in this case Government of Sindh has withdrawn its earlier
request to permanent adjustment of the officer.

82. In this regard, it is submitted that Ministry of Law and Justice has categorically
stated that Mr. Pervez Akhtar may be allowed to resume his duties as his absorption
stands withdrawn and due to serious controversy between Sindh Government & Federal
Government on the adjustment of sacked employee. Moreover, the officer is diagnosed
cancer patient and undergone major surgery he has also requested for pay from March,
2015, on words.

83. In view of above, it is proposed that we may allow Mr. Pervez Akhtar, Assistant
Executive Engineer (BS-18) presently posted in Sindh Government to join Establishment
Division, by accepting his services back w.e.f. 1st March 2015.

84. Submitted for approval of proposal at para 83/N by Joint Secretary (Admin),
please.

(Muhammad Nadeem Mujahid)

Section Officer (RB-I)
04 August 2016
Deputy Secretary (RB)
 -12-

58. Reference FR (P-131/c)

59. National Council for Social Welfare under the administrative control of Capital
Administration and development Division has intimated that FR at (Page 112/c) Ministry
of Law and Justice in response to this Division’s u.o dated 01-06-2016 regarding views
comments on the absorption/permanent adjustment of Mr. Pervez Akhtar, Assistant
Executive Engineer (BS-18) in Sindh Government.

79. Joint Secretary, Law and Justice has presented her stance on the case that
” the Sindh Government cannot revoke its decision after lapse of two and a half years
when all the formalities carefully and legally followed through”.

80. On the other hand legislative advisor has presented different view point i.e
“ that the Government benevolent employer must act with sense of magnanimity and its
action should inspire confidence in the employee that he is being fairly dealt with
therefore, the officer may be allowed to resume his duties as absorption stands
withdrawn”.

81. While concluding Joint Secretary, Law and Justice has conceded with the views
of legislative advisor in the light of ultimate order of the Supreme Court of Pakistan and
the fact that the borrowing in this case Government of Sindh has withdrawn its earlier
request to permanent adjustment of the officer.

82. In this regard, it is submitted that Ministry of Law and Justice has categorically
stated that Mr. Pervez Akhtar may be allowed to resume his duties as his absorption
stands withdrawn and due to serious controversy between Sindh Government & Federal
Government on the adjustment of sacked employee. Moreover, the officer is diagnosed
cancer patient and undergone major surgery he has also requested for pay from March,
2015, on words.

83. In view of above, it is proposed that we may allow Mr. Pervez Akhtar, Assistant
Executive Engineer (BS-18) presently posted in Sindh Government to join Establishment
Division, by accepting his services back w.e.f. 1st March 2015.

84. Submitted for approval of proposal at para 83/N by Joint Secretary (Admin),
please.

(Muhammad Nadeem Mujahid)

Section Officer (RB-I)
04 August 2016
Deputy Secretary (RB)
 File No.1 (34)/2011-RB

GOVERNMENT OF PAKISTAN
ESTABLISHMENT DIVISION
(RB-I SECTION)
<><><>

SUBJECT: REQUEST FOR GRANT OF WORK CERTIFICATE

PUC is a request of of Mr. Hassan Habib, Project Director (BS-17)

for grant of work certificate for withdrawal/issuance of a new vehicle from Allied
Bank Islamabad i.e the requirement of the said Bank.

2. In this regard it is stated that Mr. Hassan Habib s/o Muhammad

habib previously working as Project Director (BS-17) in the defunct Peoples
Works Program, reinstated in service w.e.f 20. 12. 2010. The officer is still on
the strength of Review Board and has not adjusted any where. but the
withdrawal/issuance of a vehicle from Bank is totally a private matter.

3. In view of above, it is proposed that the request of the Mr. Hassan

Habib may be file due to not maintainable.

4. Submitted, please.

(MUHAMMAD NADEEM MUJAHID)

Section Officer (RB-I)

Deputy Secretary (RB)

 File No.1 (242)/2011-RB

GOVERNMENT OF PAKISTAN
ESTABLISHMENT DIVISION
(RB-I SECTION)
<><><>

SUBJECT: REQUEST FOR NOC OF MARRIAGE GRANT.

PUC is a request of of Mr. Affanullah s/o Hakimullah LDC a sacked

employee presently posted in Ministry of Finance Division on permanent basis.
The Official has requested for grant of NO Objection Certificate for Marriage
grant of his daughter. During his posting in Establishmnet Division he has not
received the grant.
2. In this regard it is stated that the Marriage of his daughter was
held on 12.11.2014 when he was on the strength of Review Board Establishment
Division. According to our available record no any payment of Marriage grant
made to him earlier.
3. In view of above, if approved we may issue NOC that official has
not received Marriage grant during his stay in Review Board Establishment
Division.
4. Submitted, please.

(MUHAMMAD NADEEM MUJAHID)

Section Officer (RB-I)

Deputy Secretary (RB)

 File No.5 (16)/2015-RB

GOVERNMENT OF PAKISTAN
ESTABLISHMENT DIVISION
(RB-I SECTION)
<><><>

SUBJECT: MEETING OF THE SACKED EMPLOYEES REVIEW BOARD

HELD ON 14 th JULY 2016 ( REINSTATEMENT INTO
SERVICE OF MR.SHMSHAD ALI KHAN, STENOTYPIST.

PUC received from Cabinet Division requested for placing the

services of Mr. Shamshad Ali Khan stenotypist at the disposal of Cabinet Division
against a vacant post of Stenotypist .

2. In this regard it is stated that Mr. Shamshad Ali Khan stenotypist

former Employee of Peoples Works Program (Defunct) Dera Ismail Khan Ministry
of Local Government and Rural Development reinstated vide decision dated 14 th
July 2016.

3. At present the official is at the strength of Devolution Cell of

Cabinat Division, therefore it will be appropriate we may advice the Admn
Section of Cabinet Division to consult Devolution Cell of Cabinet Division for
placing the services of the Official at their disposal.

4. Submitted, please.

(MUHAMMAD NADEEM MUJAHID)

Section Officer (RB-I)

Deputy Secretary (RB)

 File No.1 (97)/2011-RB

GOVERNMENT OF PAKISTAN
ESTABLISHMENT DIVISION
(RB-I SECTION)
<><><>

SUBJECT: POISTING/ADJUSTMENT OF GOVERNMENT SERVANT

AGAINST THE VACANT POITIONS IN
MINISTRIES/DIVISIONS/DEPARTMENTS ETC.

PUC is an OM received from Wafaqi Mohtasib (Ombudsman) they

have intimated that Mr. Muhammad Baksh Stenotypist (BS-14) was posted with
different Officers for duty and they have reported that he is neither Steno nor
typist and also not a willing worker therefore the services of the above named
Official are repatriated to Establishment Division.
2. In this regard it is stated that Mr. Muhammad Baksh s/o Allah
Wasaya previously working as stenotypist (BS-12) in the defunct peoples works
program, reinstated in to service w.e.f 20.12.2010 in terms of section 6 of the
SER Act 2010 .The Services of Mr. Muhammad baksh were placed at the disposal
of wafaqi Mohtasib (Ombudsman)’s Secretariat Islamabad against a regular
vacant post of Stenotypist (BS-14) on permanent basis.
3. Hence all connections of the official have been severed with
Establishment Division since his posting in wafaqi Mohtasib (Ombudsman)’s
Secretariat, Islamabad against a regular vacant post of Stenotypist (BS-14) on
permanent basis.
4. In view of above it is proposed that Wafaqi Mohtasib may be
informed to proceed against the Official under E&D Rules, 1973. A draft letter is
accordingly put up fo approval of Joint Secretary (Admn) please.

(MUHAMMAD NADEEM MUJAHID)

Section Officer (RB-I)

Deputy Secretary (RB)

 File No.1 (34)/2011-RB
GOVERNMENT OF PAKISTAN
ESTABLISHMENT DIVISION
(RB-I SECTION)
<><><>

SUBJECT: REQUEST FOR GRANT OF WORK CERTIFICATE

PUC is a request of Mr. Hassan Habib, Project Director (BS-17) a

re-instated for issuance of a work certificate, enabling him to withdraw/issue of
a new vehicle through Allied Bank of Pakistan, which is a mandatory
requirement of the Bank.

2. In this regard it is stated that Mr. Hassan Habib s/o Muhammad

Habib, previously working as Project Director (BS-17) in the defunct Peoples
Works Program was re-instated in service w.e.f 20.12.2010. The above officer is
still on the strength of Review Board and has not yet been adjusted anywhere.
Withdrawal/issuance of a vehicle through a Bank is totally a private matter.

3. In view of above, it is proposed that the request of the Mr. Hassan

Habib may be filed, being not tenable.

4. Submitted, please.

(MUHAMMAD NADEEM MUJAHID)

Section Officer (RB-I)

Deputy Secretary (RB)

 File No.1 (242)/2011-RB
GOVERNMENT OF PAKISTAN
ESTABLISHMENT DIVISION
(RB-I SECTION)
<><><>

SUBJECT: REQUEST FOR NOC OF MARRIAGE GRANT.

PUC is a request of of Mr. Affanullah s/o Hakimullah LDC a

re-instated sacked employee, presently posted in Economic Affairs Division,
where he has been absorbed/adjusted on permanent basis. The Official has
requested for grant of a NO Objection Certificate for Marriage Grant of his
daughter. During his stay/posting in Establishment Division, he did not receive
the said grant.

2. In this regard it is stated that the Marriage of his daughter was

held on 12.11.2014 when he was on the strength of Review Board Establishment
Division. According to our available record no payment of Marriage grant was
made to him.
3. In view of above, if approved we may issue an NOC to the above
official that he has not received Marriage grant during his stay in Establishment
Division.
4. Submitted for approval of proposal contained in para 3/N above,
please.

(MUHAMMAD NADEEM MUJAHID)

Section Officer (RB-I)

Deputy Secretary (RB)

 File No.5 (16)/2015-RB
GOVERNMENT OF PAKISTAN
ESTABLISHMENT DIVISION
(RB-I SECTION)
<><><>

SUBJECT: MEETING OF THE SACKED EMPLOYEES REVIEW BOARD

HELD ON 14 th JULY 2016 (REINSTATEMENT INTO
SERVICE OF MR. SHMSHAD ALI KHAN, STENOTYPIST

PUC received from Cabinet Division requested for placing the

services of Mr. Shamshad Ali Khan, Stenotypist at the disposal of Cabinet
Division against a vacant post of Stenotypist in that Division.

2. In this regard it is submitted that Mr. Shamshad Ali Khan

stenotypist former Employee of Peoples Works Program (Defunct), Ministry of
Local Government and Rural Development, Dera Ismail Khan, re-instated vide
Review Board’s Decision dated 14-07-2016.

3. Presently, the official is at the strength of Devolution Cell of

Cabinet Division, therefore it is be appropriate that we may advise the Cabinet
Division to approach Devolution Cell of Cabinet Division for placing the services
of the Official at their disposal.

4. Submitted for approval of the proposal contained in para 3/N

above, please.

(MUHAMMAD NADEEM MUJAHID)

Section Officer (RB-I)

Deputy Secretary (RB)

 File No.1 (97)/2011-RB
GOVERNMENT OF PAKISTAN
ESTABLISHMENT DIVISION
(RB-I SECTION)
<><><>

SUBJECT: POISTING/ADJUSTMENT OF GOVERNMENT SERVANT

AGAINST THE VACANT POITIONS IN
MINISTRIES/DIVISIONS/DEPARTMENTS ETC

PUC is an OM received from Wafaqi Mohtasib (Ombudsman)’s

Secretariat in which they have intimated that Mr. Muhammad Baksh, Stenotypist
(BS-14) who was permanently adjusted/absorbed in that Secretariat while posted
under different Officers for official duty. The concerned officers reported that he
is neither a Steno nor a typist and also not a willing worker, therefore, the
services of the above named Official are repatriated to Establishment Division.

2. In this regard it is stated that Mr. Muhammad Baksh s/o Allah

Wasaya, previously working as Stenotypist (BS-12) in the defunct Peoples Works
Program was re-instated in service w.e.f 20.12.2010 in terms of section 6 of the
SER Act, 2010. The Services of Mr. Muhammad Baksh were placed at the
disposal of Wafaqi Mohtasib (Ombudsman)’s Secretariat, Islamabad against a
regular vacant post of Stenotypist (BS-14) on permanent basis.

3. Hence all connections of the official have been severed with

Establishment Division, since his absorption permanent adjustment and
subsequent posting in Wafaqi Mohtasib (Ombudsman)’s Secretariat, Islamabad
against a regular vacant post of Stenotypist (BS-14).

4. In view of above, it is proposed that we may inform Wafaqi

Mohtasib to proceed against the above Official under E&D Rules, 1973. A draft
Letter is accordingly put up for approval of Joint Secretary (Admn), please.

(MUHAMMAD NADEEM MUJAHID)

Section Officer (RB-I)

Deputy Secretary (RB)

 GOVERNMENT OF PAKISTAN
CABINET SECRETARIAT
ESTABLISHMENT DIVISION
<<>>
No. 1(97)/2011-RB Islamabad September 2016

From: Muhammad Nadeem Muhjahid,

Section Officer (RB)

To: Mr. Shakil Ahmed,

Director (Admn).
Wafaqi Mohtasib (Ombudsman)’s Secretariat,
Islamabad

Subject: POSTING/ADJUSTMENT OF GOVERNMENT SERVANTS AGAINST

THE VACANT POSITIONS IN INISTRIES/DIVISIONS/DEPARTMENTS

I am directed to refer to Wafaqi Mohtasib ( Ombudsman)’s Secretariat O.M

No.F.6(118) A-I/2015 dated 24nd August 2016 on the above subject.

2. It is informed that Mr. Muhammad Baksh s/o Allah Wasaya Stenotypist (BS-14)
was adjusted/permanently absorbed in Wafaqi Mohtasib (Ombudsman)’s Secretariat,
Islamabad vide Establishment Division’s office order No.6-19/2014-RB dated 11-5-2015.
The official has, therefore, severed all connections with Establishment and he is now an
employee of Wafaqi Mohtasib (Ombudsman)’s Secretariat.

3. This issues with the approval of competent authority and further action may
be taken accordingly.
1.

(Muhammad Nadeem Mujahid)

Section Officer (RB-1)

-97-
 Brief history of the case is that Mr. Shaukat Ali S/o Ghulam Ali previously
working as Project Director (BS-17) in the defunct Peoples Works program and
reinstated into service w.e.f 20-12-2010 in terms of section 6 of sacked Employees
(Reinstatement) Act, 2010.

336. The services of Mr. Shaukat Ali Project Director (BS-17) were placed at the
disposal of Ministry of Planning and Development and Reform for adjustment/posting
against (Punjab) reported regular vacant post of Research Officer Food & Agriculture
(BS-17) on permanent basis, vide Notification No.6-19/2014-RB dated 15-05-2010, and
subsequently two OM were issued to Ministry of Planning, Development & Reforms to
provide adjustment/absorption order of the officers.

337. But, Ministry of Planning, Development & Reforms has regretted to

accept the joining of the following officers including Mr. Shaukat Ali Project Director.

S.# NAME & DESIGNATION POSTED AGAINST THE POST

1. Mr. Muhammad Khalil, Research Officer (BS-17) in Food &
Officer Grade-II Agriculture Section
2. Mr. Shaukat Ali Khan, Research Officer (BS-17) in Food &
Project Director (BS-17) Agriculture Section
3. Chaudhry Munwar Ahmad, Research Officer (BS-17)
Project Director (BS-17)
4. Mr. Ahmad Raza Rabbani, Research Officer (BS-17)
Project Director (BS-17)
5. Mr. Muhammad Anwar, Research Officer (BS-17)
Project Director (BS-17)
6. Mr. Raiz Ahmad Shaikh, Research Officer (BS-17)
Officer Grade-II
7. Mr. Fida Ali, Research Officer (BS-17)
Project Director (BS-17)

338. Further Ministry of Planning has stated that after thorough examination of
the case as well as securitization of the qualifications background and experience
officers, their adjustment being not covered in the required criteria set in the
recruitment rules. The work of Ministry is a technical nature and these officers are not
suitable, therefore the Ministry has regretted to accept the services of the above sacked
employees, after a lapse of more than one year.

339. It was again requested to allow to join the above mentioned re-instated
sacked employees vide Establishment division’s OM dated 17 August 2016 (page /c), as
they after their permanent adjustment severed all connections with Establishment Division .
But the response of Ministry of planning regarding adjustment of above sacked employees
is still awaited

-98-
340. Meanwhile, Mr. Shaukat Ali Project Director (BS-17) has requested for
placing his services at the disposal of Ministry of Communication. At present it will not
appropriate to place his services at the disposal of Ministry of Communication till the
settlement of adjustment/posting of above sacked employees in Ministry of Planning.

341. Submitted please.

(Muhammad Nadeem Mujahid)

Section Officer (RB-I)

Deputy Secretary (RB)

 informed to Ministry of Planning, Development & Reforms may be informed that
permanent absorption/adjustment of re-instated sacked employees under the provision
of SER Act, 2010 cannot be considered as appointment. Besides Section 18 of the Act
ibid, provides that:
Penalty for disobeying or willfully creating hurdles. ----- (1) Anyone
found guilty of willfully disobeying the provisions of this Act or willfully
creating hurdles for implementation of the provision of this Act, shall be
liable to maximum punishment of removal from service or any other major
or minor penalty as may be determined by the appointing authority of such
accused officer or employee.
(2) For purpose of sub-section (1), the procedure, as provided in the
Government Servants (Efficiency and Discipline) Rules, 1973 of the Federal
Government, shall be adopted.
(3) For purpose of sub-section (1), in case of autonomous or semi-
autonomous organization, where rules, other than the Government Servants
(Efficiency and Discipline) Rules, 1973 are followed, law, rules, regulations
bye-laws or procedure applicable in the organization would be adopted.

334. That Ministry may be requested to allow to join the above mentioned re-
instated sacked employees as they after their permanent adjustment severed all
connections with Establishment Division.

335. Submitted for approval of proposal at para 333-334/N by Joint Secretary

(Admn), please.

332. In this regard, it is stated that the above officers were notified vide
Notification No. 6-19/2014-RB dated 15-05-2015 under Section 6 of the Sacked
Employees (Re-instatement) Act, 2010 subsequently two OM were issued to Ministry of
Planning, Development & Reforms to provide adjustment/absorption order of the
officers in spite of this Ministry has regretted after a lapse of more than one year to
accept the services of the above officers.
 -26-

97. FR is an application of Mr. Qaiser Ali Khan Lodhi, ex- Hatchery manager of
defunct Pakistan International Airline-Shaver M/o Defence has requested for
issuance of order/Notification of his re-instatement and retirement in accordance
with the orders of Review Board under Section 6 (b) of Sacked Employees (Re-
instatement) Act, 2010.

98. Brief of the case is as under:

Mr. Qaiser Ali Khan Lodhi was appointed on 18-11-1993 as hatchery

Manager (Group-F) of defunct Pakistan International Airlines Shaver a
subsidiary of the Pakistan International Airlines established under the
company ordinance 1984 and his services were terminated on 07-12-1996.
Sacked Employees Review Board vide order dated 31-05-2010 (P.20/c)
decided to set aside his termination from service orders dated 7-12-1996 and
to re-instate him under the Sacked Employees (Re-instatement) Ordnance,
2010 but the PIA did not implement the order of the Review Board on the
ground that the PIA Shaver stands defunct on a reference made by the
Establishment Division dated 19-01-2012 (P.92/c),. Ministry of Law and
Justice vide their OM dated 02-04-2012 held that “the case of Mr. Lodhi falls
within the category of defunct Organizations/Departments under Sacked
Employees (Re-instatement) Act, 2010 wherein Secretary Establishment
Division is the employer of defunct Organization (P.126/c). In addition to
the affidavit submitted by him dated 12-07-2012 (P.154/c), PIA vide their
letter dated 23-11-2012 have confirmed that Pay Group-VI is equivalent to
BS-17 of the Government of Pakistan (P.199-201/c).

99. He has therefore requested for issuance of Notification of re-instatement and

also retirement under Sacked Employees (Re-instatement) Act, 2010 as he has
already reached the age of superannuation i.e 10-12-2014. In this regard, it is
stated that on issuance of Review Board order dated 30-04-2013(P.210/c), on
proposal for creation of supernumerary post of Hatchery Manager (BS-17) and re-
instatement of Mr. Qaiser Ali Khan Lodhi was processed vide note at Para-63 to
72/N. The following proposals were approved by the then Secretary Establishment
Division vide note at Para-70/N read with 72/N.

i. We may write to M/o Defence to adjudicate the matter of Mr. Lodhi

since former is administrative Ministry of the PIAC and defunct PIA
Shaver was subsidiary of PIAC.
ii. We may file review petition before the Review Board highlighting the
terms and conditions of service of the employee at the time of his
initial appointment
iii. Meanwhile we may also ask for academic qualification and experience
of the former employee for secure understanding for his adjustment is
necessary while referring his case for adjustment in the M/o Defence
-27-
100. Ministry of Defence was also approached in light of Para-70/N is to
adjudicate the matter of Mr. Qaiser Ali Khan Lodhi being administrative M/o PIAC
and defunct PIA Shaver (P.211/c) but no response has been received from them.

101. In view of above it is proposed that we may request Review Board for
Sacked Employees to re-exmine the case of Mr. Qaiser Ali Khan Lodhi in light
of order of the then Secretary Establishment at Para-70/N (ii) and (iii).

OR

102. In order to implement the Sacked Employees Review Board order dated
30-04-2013 (P.210/c). We may take the following actions:-

i. Mr. Qaiser Ali Khan Lodhi may be re-instated into Government Service
in the Establishment Division with effect from 08-12-2010
ii. A supernumerary post of Hatchery Manager (BS-17) may be created
in Establishment Division with effect from 08-12-2010
iii. Retirement Notification with effect from 10-12-2014 i.e. the age of
superannuation of Mr. Qaiser Ali Khan Lodhi, Hatchery Manager (BS-
17).

103. Submitted for order, please.

(Muhammad Nadeem Mujahid)

Section Officer (RB-I)
04-10-2016
Deputy Secretary (RB)

-03-
9. Reference para 8/N. It is submitted that Mr. Muhammad Tariq Nadeem
S/o Muhammad Sharif Assistant Executive Engineer (Civil), and Mr. Zaki S/o
Muhammad Rafi Assistant Executive Engineer (Civil), visited the Office of Review
Board in September 2016 and apprised that they have not received their
absorption Notification in Pakistan Public Works Department (PWD). Accordingly,
copies were given to them. They accordingly insured to report/join the
Department. They have also confirmed telephonically that they have submitted
their joining in the Department accordingly.

10 Ministry of Housing and work’s vide O.M No. 2(1) 2015-admn-III

dated 23-09-2016 intimated that the officers have not yet joined the
Department.

11. in view of above , it is appropriate that we may direct to above sacked

employees to report for duty in Pak PWD Ministry of Housing & Works within 15
days falling which strict disciplinary action will be taken against them under
(E&D), Rules,1973.

12. Proposal contained in para 11/N is submitted for approval, please.

(Muhammad Nadeem Mujahid)

Section Officer (RB-I)
0529 August 2016
Deputy Secretary (RB)

..