ISLAMABAD - The Supreme Court summoned the secretaries establishment, cabinet, and law and justice and attorney general of Pakistan (AGP) to explain why the chairmen and the members of the Federal Service Tribunal (FST) could not be appointed after the lapse of 10 months.
On March 25, 2013 the apex court passed 64 pages judgement, authored by Chief Justice Iftikhar Muhammad Chaudhry, and ordered the government to make the appointment of FST chairman in consultation with the chief justices of the relevant high courts within 30 days. Till date neither the chairman nor the FST members were appointed.
The judgement also stated: “If no steps are taken within the stipulated time, either through temporary or permanent legislation, the provisions of the legislation which have been declared void under Article 8 of the Constitution shall seize to have effect.”
Service Tribunal Act 1973 was passed during the Zulfikar Ali Bhutto regime. The tribunals established under the Act have been exercising power exclusively in the services matters of government employees.
A two-member bench headed by Justice Saqib Nisar and comprising Justice Ejaz Afzal heard a petition of government employee.
During the proceeding, Justice Saqib observed that due to non-functioning of the FST thousand of cases of the government servants are pending in the FST, and the public servants are facing difficulties.
The court said 10 months had passed of the judgement, but the FST was not made functional. The court also noticed that many vital institutions are headless and questioned why the government was not filling up these posts.