SC rejects Sindh govt’s petition seeking reviewJanuary 4, 2015
KARACHI: The Supreme Court on Monday rejected the petition of Sindh government seeking to review its judgment that declared the government’s legislation on absorption, deputation and out-of-turn promotions of government servants unconstitutional.
The provincial government had approached the apex court requesting it to suspend the impugned judgment till a decision on the review petition.
Provincial law officer submitted that the Provincial Legislature was competent to promulgate or legislate laws, which was their divine right; therefore, the legislative instruments were wrongly struck down.
He said after the 18th constitutional amendment, the provincial assembly was competent to enact laws. He further said that Article 8(3) of the constitution specifically provides that provisions of the article regarding the derogation of fundamental rights will not apply to any law relating to members of the police force.
The counsel said the Sindh chief secretary has issued notification repatriating the various government servants to their parent departments, without affording them the right of audience. He argued that the issue of absorption of the petitioners was a past and closed transaction and by the impugned judgment this court has erroneously undone absorption of the officials by ordering their repatriation retrospectively.
The 154-page judgment authored by Justice Amir Hani Muslim said the court had already recorded in the judgment under review that it was not persuaded by the contentions of the government’s counsel to change their earlier view. Subsequently, this review petition merits dismissal.