ISLAMABAD - The Supreme Court Wednesday declared all the shoulder promotions in Sindh since 2002 null and void and the impugned legislations including the Sindh Civil Servants (Regularisation of Absorption) Ordinance, 2011 as violative of the provisions of the Constitution.

A three-member bench of the apex court headed by Justice Tassaduq Hussain Jillani and comprising Justice Asif Saeed Khan Khosa and Justice Ameer Hani Muslim while announcing the verdict also declared void the appointments of 15 assistant commissioners over and above the quota by the chief minister and all these assistant commissioners have been ordered to send back to their previous posts.

The judgement further said the law making relating to promotions and appointments of civil servants was illegal and added if the Parliament repeatedly does such acts that are illegal then it is difficult to term them to have done with good intentions.

The 139-page judgement authored by Justice Ameer Hani Muslim also declared the benefit of ‘absorptions’ extended by the Sindh government since 1994, with or without backdated seniority as ultra vires of the Constitution, in view of the statement, made by the Additional Advocate General during hearing that the impugned validation instruments have granted legal cover to the employees/civil servants, who were absorbed since 1994.

Likewise, the court also held that all out of turn promotions made under section 9-A of the Sindh Civil Servants Act, 1973, by the Sindh government to an employee or civil servant with or without backdated seniority since 22.1.2002, when section 9-A was inserted through Ordinance IV of 2002, as ultra vires of the Constitution.

“All misc. applications made by the absorbees in which interim orders were passed by this Court restraining the government from complying with the orders of this Court on May 02. 2012 stand vacated,” said the judgement.

The court ruled that all the re-employment/rehiring of the retired civil/government servants under the impugned instruments being violative of the constitution are declared nullity.

The court directed that the nominations made by the chief minister in excess of the quota given by Rule 5(4) (b) of the West Pakistan Civil Service (Executive Branch) Rules, 1964, are without lawful authority and all the 15 nominees (Assistant Commissioners) are reverted to their original positions.

The court also declared the impugned legislations including the Sindh Civil Servants (Regularisation of Absorption) Ordinance, 2011 (Ordinance III of 2011), the Sindh Civil Servants (Regularisation of Absorption) Act, 2011 (Act XVII of 2011), the Sindh Civil Servants (Amendment) Ordinance, 2012, the Sindh Civil Servants (Second Amendment) Ordinance, 2012, the Sindh Civil Servants (Amendment) Act, 2013 and the Sindh Civil Servants (Second Amendment) Act, 2013 as violative of the provisions of the Constitution.

The court directed that a copy of this judgement be sent to the chief justice, Sindh High Court through registrar for circulating it amongst the SHC judges.

It further directed that a copy of this judgement be also sent to all the chief secretaries of the provinces as well as the secretary, establishment division, government of Pakistan, Islamabad, with the direction to streamline the service structure of civil servants in line with the principles laid down in this judgement.

The court further directed that the chief secretary and secretary services, Sindh, are further required to comply with this judgement in letter and spirit and report compliance within three weeks.