WTP Investigative Report
ISLAMABAD: Supreme Court of Pakistan has recently implemented a new law allowing the recall of “Deputationists” at any time. In a comprehensive 12-page judgment, authored by Justice Hassan Azhar Rizvi, the apex court emphasized that Deputationists cannot insist on serving their entire deputation period in the absence of specific legal provisions.
This decision highlights the flexibility that the competent authority possesses in managing the services of these employees. The court emphasized the need for clearly defined deputation periods, typically three years with a possibility of extension up to two years, as outlined in the ESTA Code.
It is stated that the officer should automatically be relieved from their duties after the deputation period expires unless an extension has been granted.
The issue at hand involves a Writ Petition No.2912/2022 filed by National Highway Authority employees before the Islamabad High Court against the appointment of 41 federal and provincial government employees on deputation basis at NHA, which they argue undermines their promotional and placement rights. The NHA employees have contended that the NHA Service Rules, 1995 do not prescribe a mechanism for appointing deputationists. It’s important to note that the law requires that appointments on deputation be made only when there are no regular employees within the organization capable of performing the required service.
Moreover, the appointments should be based on a transparent selection process, and these conditions, according to the regular employees, have not been met in the case of 41 deputationists being discussed.
NHA employees have held that the practice of appointing officers on deputation serves a crucial purpose, ensuring that vital positions are filled when suitable candidates are not readily available. However, in the case of the NHA, out of the 41 individuals appointed on a deputation basis, only one (Osama Shahbaz) holds the qualifications of a professional engineer.
This has raised concerns that some individuals are being placed in deputation roles for personal gain rather than contributing to the organization’s development. Many deputation employees have been involved in corrupt practices, tarnishing their reputation and causing resentment and hatred for their respective cadre within government functionaries.
The reports generated by these deputation officers, including their proposal to convert the NHA into a State-Owned Enterprise (SOE), have been deemed frivolous and inaccurate. The NHA employees have expressed their concerns about the potential negative impact of such a move on the organization’s performance and the nation’s infrastructure development.
It has been further alleged that these deputation officers are creating divisions among NHA employees. They are manipulating multiple seniority lists, presenting false reports, and encouraging legal disputes among employees. This division among the workforce is detrimental to the NHA’s operations and its ability to fulfill its mandate.
The repercussions of the NHA’s mismanagement are significant and could affect the organization in the long term, including the award of various contracts and the management of toll plazas and capital assets.
Addressing this pressing issue is essential for the the National Highway Authority and the broader interests of our nation’s development. Government has to ensure that qualified and dedicated professionals are entrusted with the responsibility of driving our nation’s infrastructure development forward. This not only benefits all citizens but also upholds the values of transparency and meritocracy in public service.
Employees on deputation to NHA include i). Mr. Muhammad Khurram Agha, BS-22 Officer of PAS w.e.f. 04-01-2021 (ii). Mr. Zahir Shah, BS-21 Officer of PAS w.e.f 16-06-2022 (iii). Mr. Farooq Ahmed, BS-19 Officer of PAAS w.e.f 10-07-2021 (iv). Mr. Muhammad Tayyab, BS-19 Officer of PAAS w.e.f 09-12-2022 (v) Mr. M. Shakeel Anwar, BS-19 Officer of IRS w.e.f 04-08-2022 (vi) Mr. Iftikhar Mehboob, BS-19 Officer of IRS w.e.f 04-08-2022. (7) Ms. Bushra lqbal Rao, BS-18 Officer of PAS w.e.f 10-09-20 l9, (8) Mr. Muhammad Usman Chattha, BS-18 Officer of Commerce and Trade Group w.e.f 28-05-2021 (9) Mr.Muhammad Rafi, BS-18 Officer of AGPR w.e.f 10-01-2021, (10) Mrs Hira Rizwan BS-18 Officer of PAS 22-09-2022, (11) Ms. Sarwat Habib Malik, BS-18 Officer of IRS w.e.f 10-04-2022, (12) Mr. Sohail Aftab, BS-18 Officer of Information Group w.e.f 11-0 1-2021,(13) Dr. Beenish Noor, BS-18 Officer of OMG w.e.f 22-09-2023, (14) Athar Hassan, BS-18 Officer of the Government of Punjab w.e.f 20-09-2022 (15) Mr. Muhammad Umar Khan Sadozai, BS-17 Officer of the Information Group w.e.f 22-06-2023 (16) Ms. Hira Aziz Mazari, Postal Group w.e.f 20.02.2022, (18) Mr Hassan Ali Mahsud, BS-16 Official of the Ministry of SAFRON w.e.f 14.06.2022, (19) Mr. Abubakar Siddique, BS-16 Official of the Government of KPK w.e.f 08-01-2022, (20) Syed Tajdar Hussain, Patwari of the Govt of Gilgit Baltistan w.e.f 21-02-2020, (21) Mr. Amir Hussain, BS-11 UDC of the Ministry of Communications w.e.f 24-06-2022, (22) Mr. Kamal Mir, Qanoongo (BS-11) Govt of Gilgit Baltistan w.e.f 21-02-2020, (23) Mr. Samar Jan, Patwari (BS-09) Govt of Gilgit Baltistan w.e.f 21-02-2020, (24) Mr. Karim Shah, Patwari (BS-09) Govt of Gilgit Baltistan w.e.f 25-01-2022, (25) Hafiz Muhammad Nasir, LDC (BS-09) NH&MP w.e.f 27-06-2022, (26) Mr. Muhammad Hanif Tariq, Driver (BS-04) NC w.e.f 30-06-2022, (27) Mr. Noman Hameed, Assistant (BS-15) NH&MP w.e.f 27-10-2022, (28) Sudhir Ahmed, BS-17 CDA w.e.f 22-02-2022 (29) Asif Iqbal, Assistant (BS-16) Ministry of Water Resource w.e.f 01-02-2023 (30) Mr Ahmad Raza, Assistant (BS-15) MOC w.e.f 01-10-2023 (31) Mr. Muhammad Bilal, Estate Officer (BS-16) Ministry of SAFRON w.e.f 18-01-2023, (32) Mr. Azhar Usman Daudzai, Sr. Programme Producer (BS-17) Ministry of Information & Broadcasting w.e.f 19-01-2023 (33) Mr. Aamir Iqbal, DDO Senate of Pakistan w.e.f 02-06-2023 (34) Mr. M Tahir Ashfaq, BS-18 AGPR w.e.f 19-01-2023 (35) Mr. Rehmat Khan, Attendant (BS-01) OGRA w.e.f 10-11-2022 (36) Syed Kaleem Hussain, Senior Clerk Gov,t of Punjab w.e.f 03-09-2023 (37) Mr Shah Fahad, APS (NH&MP) w.e.f 26-06-2023 (38) Mr Muhammad Asim, Driver (BS-04) NC w.e.f 08- 09-2023 (39) Mr. Abdul Bari, Cook w.e.f 08-03-2023 (40) Mr. M Osama Shahbaz Amin, BS-19 NESPAK w.e.f 22-09-2023, (41) Mr. Tariq Mahmood Bhatti, BS-19 Officer of IRS w.e.f 17.120.2023.
In response to these concerns, NHA employees have sought the attention of the Chief Justice of Pakistan, Prime Minister, COAS, Communications Minister, law enforcement agencies including the NAB and FIA, urging them to take action against 41 unwarranted deputation appointments by the Establishment Division and Controlling Ministry (Communications Division). They emphasize the importance of addressing this issue for the welfare of the NHA and the broader interests of the nation’s development, transparency, and meritocracy in public service. Qualified and dedicated professionals should be entrusted with the responsibility of driving the nation’s infrastructure development forward, upholding the values of fairness and meritocracy in public service.
Additionally, it is noteworthy that the Supreme Court had previously ordered ministries and divisions in 2013 to repatriate officers working on deputation to their parent organizations. NHA employees have highlighted concerns about repeated extensions in additional charge of Chairman NHA, granted to Muhammad Khurram Agha, Secretary Communications which may be in violation of the ESTA Code and could present a conflict of interest.
Furthermore, appointments of deputationists working beyond the maximum term of five years including M. Shakil Anwer of IRS and Iftikhar Mahboob of PAAS must be probed and repatriated henceforth, as per SC ruling.
This landmark decision by the Supreme Court aims to uphold fairness and transparency in the appointment of deputationists, ensuring that the best interests of the NHA employees and the nation’s development are protected.
Islamabad High Court is scheduled to resume hearing this case on 26 October 2023 (today).
-More stories on corruption in NHA will be publish soon in Daily WORLD TRIBUNE and www.worldtribunepak.com
