Islamabad:The Federal Constitutional Court has directed the government and relevant departments to ensure implementation of the Supreme Court's December 17, 2021 judgment, ordering that reinstated employees who were not subjected to the required tests be recognised unconditionally as regular employees.
A three-member bench of the Federal Constitutional Court issued a detailed judgment while disposing of contempt of court petitions filed by various dismissed employees.
The court held that the responsibility for conducting the required tests rested with the relevant departments and the Federal Public Service Commission. The employees could not be penalised for the negligence, delays or failure of these authorities to fulfil their responsibilities.
The judgment observed that the Federal Public Service Commission and the concerned departments had failed to conduct the tests of reinstated employees. Consequently, the employees could not be subjected to any disadvantage because of the failure of the authorities.
The court further ruled that where the relevant departments had failed to offer or arrange the required tests, the condition of passing such tests would be deemed to have been waived.
It also observed that employees could not be expected to independently report to examination centres for tests that the concerned authorities were responsible for arranging.
The judgment emphasised that compliance with judicial orders was not merely a moral obligation but a constitutional requirement. Ignoring court decisions amounted to challenging the foundations of the legal system.
The court further noted that government non-compliance with judicial orders undermined public confidence in the judiciary and the overall system of governance.
It maintained that employees could not be made to suffer for administrative negligence or the decisions and policies of successive governments.
The Federal Constitutional Court directed the government and all relevant departments to implement the Supreme Court's earlier judgment in letter and spirit.