PESHAWAR
The step regarding appointment of Afghan Commissioner and other non cadre employees has been challenged in Peshawar High Court (PHC).
The petition has been filed by 18 employees of Afghan Refugee Organization (ARO) making federal government, ARO, Commissioner Afghan Refugee and additional accountant general respondents.
The petition said the petitioners are permanent employees of ARO and are appointed on different posts. There are rules 2018 of respondents for appointment and promotion of employees in ARO.
As per rules the promotion of grade 18 and grade 19 officers will be made from among employees of ARO while post of commissioner grade-20 will be filled from PCS, PMS and PAS officers.
According to petition federal government and other respondents have appointed officers from different departments in ARO on deputation. Commissioner Afghan refugees has been appointed from WAPDA on deputation while commissioner has not experience in the matters related to Afghan refugees.
All the employees including Afghan commissioner who have been brought on deputation are non cadres. Therefore, appointing non cadre employees in place of cadre employees is illegal and un-constitutional.
The decisions of different superior courts are there regarding appointment of non-cadre employees.
The petitioners requested the court to declare the appointments illegal besides making respondents bound to 2028 rules. The respondents be stopped from appointing non cadre employees in place of cadre employees.
The court has been requested to suspend February, 13, March 10 and January 17 orders.
The court has been requested to stop the respondents from taking stern action against the respondents till the final decision of the petition.
