ISLAMABAD
Federal Constitutional Court (FCC) has maintained that seniority lists of government employees cannot be kept secret. The court said it is essential to put all the lists on website. An illegal condition mentioned in the agreement of service cannot undo the rights of the employee.
The FCC issued directives to update seniority lists of all government departments and corporations in January every year. FCC while declaring Sindh High Court (SHC) decision illegal approved appeal of pilot captain Muhammad Ali Khan regarding seniority.
The court nullified controversial seniority list issued by Port Qasim Authority (PQA) and ordered PQA to issue new and correct seniority list immediately.
It has been maintained in the written decision issued by justice Syed Hassan Azhar Rizvi the employee is forced to accept tough conditions for fear of unemployment. The department cannot change the law by taking advantage of compulsion of the employee.
The court expressed resentment over Port Qasim Authority on issuance of seniority list after 7 years of regularization remarking all government and semi government departments will be bound to revise seniority lists soon after new recruitments, promotion or regularization.
According to the decision PQA made the applicant junior on joining the service late by one day despite merit.
The SHC applied principles of old judicial decisions to this case wrongly.
It was maintained in the decision that arbitrary element of first come first serve runs contrary to judicious system of public administration.
Seniority of employees of the same badge be determined as per position laid down in merit list.
