The Reappointment is permissible beyond the Retirement Age of 60 under Exceptional Circumstances --- Supreme Court of Pakistan
Islamabad, 18-11-2024: The Supreme Court of Pakistan, in a significant decision, addressed the contentious issue surrounding the appointment and reappointment of the Executive Director (ED) at the Sindh Institute of Ophthalmology and Visual Sciences (SIOVS). The judgment highlights the legal principles governing statutory interpretation, harmonization of conflicting provisions, and transparency in public appointments.
The case involved a dispute between Dr. Khalid Iqbal Talpur, the outgoing ED, and Dr. Lodhi, a private respondent, over the eligibility criteria for the position. The core conflict revolved around whether the age limit for appointment should be capped at 60 years or extended to 65 years for reappointments.
The Court resolved a legal conflict between two sets of rules governing the ED’s appointment:
- 2021 Administrative Rules: Allow reappointment beyond the retirement age of 60 under exceptional circumstances.
- TCS Rules (2021): Cap the retirement age at 60 for all employees, including the ED.
The Court emphasized harmonization, holding that reappointment provisions in Rule 4(7)(iv) of the 2021 Rules constitute an exception to the general retirement age rule.
The Court directed the SIOVS Board to adopt a transparent, two-stage process:
- Assess the outgoing ED’s eligibility for reappointment based on exceptional performance and necessity.
- Conduct a fair and open competition, comparing the outgoing ED with new applicants.
The judgment mandates detailed, written reasons for reappointment decisions, which must be made public to ensure fairness and institutional integrity.
The Court ruled that while the retirement age is generally capped at 60, reappointment beyond this age is permissible under Rule 4(7)(iv), provided the statutory criteria are strictly met.
The judgment distinguished this case from Prof. Dr. Asad Alam Khan Vs. Government of Punjab (2021 PLC CS 304), which dealt with appointments rather than reappointments.
The Supreme Court of Pakistan allowed the appeal in part, overturning the Sindh High Court’s earlier decision, which had invalidated the increase in the age limit for the ED position. The Court directed the SIOVS Board to reconsider the matter, following the outlined two-stage process. If the Board decides not to reappoint Dr. Talpur, it must proceed with the appointment of a new ED through open competition.
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