No. LD/Legis-Act/258-72/2021 Act, passed by the Azad Jammu and Kashmir Legislative Assembly on 27th day of May, 2021 and received the assent of the President on the 31st day of May, 2021 that made permanent/regular to thousands of Contract, Temporary, and Ad hoc employees working within the state without any competitive exam.
The clause 4.4 of the Act says “If any requisition already sent by the department or statuary institution or body concerned to the Public Service Commission or any other designated selection authority for selection purposes, before the commencement of this Act and such post was/is otherwise held by employee on adhoc, contract or temporary basis but selection process could not be completed till enforcement of this Act, such requisition shall stand withdrawn immediately from public service commission or selection authority concerned. The department or institution concerned shall urgently intimate to the Commission or Selection authority concerned not to act upon such previous requisition concerning a post which is held by appointee or employee who has been regularized under this Act”.
The same thing was done in the past by the government in 1992 which was later declared null and void by the court.
The point to understand is how is Ad hoc recruitment done in Azad Kashmir?
Any ad hoc employee is initially recruited for 6 months with the order clearly stating that the concerned employee does not have the right to be a permanent, ad hoc employee through any competitive examination i.e. Public Service Commission and NTS. Recruitment is not done but with the connivance of the minister and secretary of the concerned ministry, which is unprecedented in today's world.
The said black law Azad Kashmir Act 2021 deals with the permanence of Punjab, Sindh, and Pakhtunkhwa style recruitment which in practice ad hoc people in these provinces of Pakistan through regular competitive examination and selection board for a specified period and then they are made permanent. In Azad Kashmir, ad hoc, contract, and temporary appointments are usually finalized without a written test.
The present government of Azad Kashmir under PM Farooq Haider (PMLN) has started inflicting torment on the educated people of Azad Kashmir.
The Public Service Commission examination (CSS-style), which began on Tuesday last week during 15-22 July 2021, was scrapped by Farooq Haider's Black Law AJKAct2021.
The Azad Kashmir government has incited the Kashmiri nation to fight for the right bypassing the black law.
The position of the Kashmiri educated class is that there is no hope of getting justice from the Muzaffarabad administration (AJK State Capital), that's why youth is planning to record protests in Islamabad to protect the constitutional rights of Kashmiris following the service rules.
Elections are going to be held in Azad Kashmir on 25 July 2021. Passing the Assembly's black law before the election is the beginning of pre-poll rigging.
Numerous writs have been filed against this black law. The Azad Kashmir High Court has also ordered a formal hearing on some of them. It remains to be seen whether the state institutions protect the legitimate rights of the people of the state or whether the people of the state are forced to start protests. If the state does not give justice to the citizens, it could affect the Kashmir issue as well. This will raise questions about the identity of the state and the Farooq Haider government will be responsible for it.
If the youth of Azad Kashmir come out to protest in Islamabad, then it will be impossible to stop.
The whole month of coming July is very much important in this regard.
As a citizen of The State of Azad Jammu and Kashmir, I request the heads of higher institutions in the state of Jammu and Kashmir and Pakistan to take this matter seriously.
Thousands of educated young people, including me, believe that this black law will lead our future to darkness while we are citizens of an independent state. No civilized society allows such black laws in this age of peace
