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Asvina 13, 1934, at 07:14:02 AM
The Sacked Employees’ (Reinstatement) Ordinance, 2010
An Ordinance to provide relief to persons in corporation service or
autonomous or semi-autonomous bodies or in Government service who were
dismissed, removed or terminated from service
[Gazette
of
5th
February, 2010]
No.2(I)/2009-Pub.,
dated 5-2-2010.--The following Ordinance promulgated by the President is hereby
published for general information:---
Whereas it is
expedient for the purpose of providing relief to persons who were appointed in
a corporation service or autonomous or semi-autonomous bodies or in Government
service during the period from the 1st day of November, 1993 to the 30th day of
November, 1996 and were dismissed, removed or terminated from service during
the period from the 1st day of November, 1996, to the 31st day of December,
1998;
And, whereas the
National Assembly is not in session and the President is satisfied that
circumstances exist which render it necessary to take immediate action;
Now, therefore, in
exercise of the powers conferred by clause (I) of Article 89 of the
Constitution of the Islamic Republic of Pakistan, the President is pleased to
make and promulgate the following Ordinance:---
1. Short title,
extent and commencement.---(1) This
Ordinance may be called the Sacked Employees’ (Reinstatement) Ordinance, 2010.
(2) It extends to the
whole of
(3) It shall come into
force at once.
2. Definitions.--In this Ordinance unless there is anything repugnant in
the subject Or context,---
(a) “person in
corporation service” means a person who was appointed in a corporation,
organization or autonomous or semi-autonomous body, established by or under a
Federal law or owned or controlled by the Federal Government, during the period
from the 1st day of November, 1993 to the 30th day of November, 1996 (both days
inclusive) and was dismissed, removed or terminated from service or given
forced golden handshake during the period from the 1st day of November, 1996 to
the 31st day of December, 1998 (both days inclusive);
(b) “person in
Government service” means a person who was appointed and was a member of the
civil service of the Federation or held a civil . post in connection with
affairs of the Federation in a Ministry, Division or department during the
period from the 1st day of November, 1993 to the 30th day of November, 1996
(both days inclusive) and was dismissed, removed or terminated from service or
given forced golden handshake during the period from the 1st day of November,
1996 to the 31st day of December, 1998 (both days inclusive);
(c) “Review Board”
means the Review Board established under section 4; and
(d) “Secretary”
includes an Additional Secretary.
3. Reinstatement of
employees.---Notwithstanding anything
contained in any law for the time being in force, judgment of any Tribunal or a
Court including the Supreme Court and the High Court, contract or terms and
conditions of service, all persons appointed in corporation or Government
service, during the period from the 1st day of November, 1993 to the 30th day
of November, 1996 (both day: inclusive) and dismissed, removed or terminated or
given forced golden handshake during the period from the 1st day of November,
1996 to 31st day of December, 1998 (both
days inclusive) shall be reinstate immediately in service on one scale higher
to their substantive scale (.f the post at the time of
termination of service and report for duty to the `.`.”r respective departments
or organizations:
Provided that in case
of change in scale or structure of any pc::t or cadre by the competent
authority after the 31st day of December, 1998, the persons in corporation or
Government service on reinstatement shall be placed on, one scale higher than
the revised or existing scale of the post:
Provided further that
any person in corporation or Government service who was dismissed, removed or
terminated from service on account of closure of organization or whose
organization ceased to exist before the 13th February, 2009, or absence from
duty, misappropriation, of Government money or stock or medical unfitness may
prefer petition to the Review Board as provided in section 5.
4. Establishment of
Review Board.---There is hereby
established a Review Board to review the cases of persons in corporation or
Government service who were dismissed, removed or terminated from service on
account of closure of organization, absence from duty, misappropriation of
Government money or stock or medical unfitness. The Review Board shall consist
of Secretary, Law and Justice Division and Secretary, Establishment Division to
be headed by a retired Judge of the Supreme Court or of a High Court to be
appointed by the Federal Government.
5. Petition to the
Review Board.---(1) Any person in
corporation or Government Service who was dismissed, removed or terminated from
service on account of closure of organization, absence from duty,
misappropriation of Government money or stock or medical unfitness may within
sixty days of the commencement of this Ordinance, prefer petition for review of
the order of dismissal, removal or termination from service to the Review Board
which shall decide the case within thirty days of its first hearing. The Review
Board may, on consideration of review petition and any other relevant material,
confirm, set aside, vary or modify the order.
(2) The order of the
Review Board passed on the review petition shall be final and shall not be
called in question in any Court, Authority or Tribunal.
(3) In dealing with
cases under this Ordinance the Board shall have power to regulate its own
procedure.
6. Reinstatement of
contract employees.---(1) A person in
corporation or Government service who held the post on contract against a
regular post and his contract was extended at least once and he was
subsequently dismissed, removed or terminated from service shall be reinstated
immediately and adjusted against regular post.
(2) person in
corporation or Government service appointed on contract against a temporary
post and who was dismissed, removed or terminated before the completion of his
contract period shall be reinstated immediately for the remaining portion of
his contract.
7. Reinstatement of
golden handshake employees.---Persons
in corporation or Government Service who were given forced golden hand shake
shall be reinstated immediately subject to reimbursement of all monetary
benefits received by them as a result of forced golden handshake.
8. Creation of
supernumerary post.---Where due to
non-availability of sanctioned posts or an equivalent- scale post in
corporation or Government service, the Secretary of the respective Ministry,
Division, head of the department or corporation or organization shall-immediately
create supernumerary posts to accommodate the reinstated employees and such
arrangement shall continue till the availability of regular posts are made
available.
9. Manner and mode
of payment of compensation on reinstatement.-On reinstatement in service each employee in corporation or Government
service shall be paid compensation equal to three years emoluments of the pay
scale in which he would be placed and the emoluments shall be paid to him in
the following manner, namely:---
(a) first installment
equal to twelve months emoluments on reinstatement;
(b) second installment
equal to twelve months emoluments on the 1st day of January, 2010; and
(c) third installment
equal to twelve months emoluments on the 1st day of January, 2011.
10. Reinstated
employees not to claim other service benefits.--Any person in corporation or Government service who
is reinstated under this Ordinance shall not be entitled to claim seniority or
arrears of pay or other service benefits save as provided in this Ordinance and
shall be required on reinstatement to submit a surety bond in the form
specified for the purpose.
11. Ordinance to
override other laws.---The provisions
of this Ordinance shall have effect notwithstanding anything to the contrary
contained in any other law for the time being in force or in any judgment of
any Tribunal or Court including Supreme Court and High Court.
12. Power to make
rules.---The Federal Government may
make rules to carry out the purposes of this Ordinance.
13. Repeal.-The Sacked Employees
(Reinstatement) Ordinance, 2009 (XXIII of 2009) is hereby repealed.
Sacked Employees’
(Reinstatement) Ordinance, 2009 (Repealed)
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