Whimsical promotions: SC broadens scope of 2013 judgment

AGP Ashtar Ausaf Ali says out-of-turn promotions create resentment

ISLAMABAD: Determined to implement its judgments, the Supreme Court is continuing to press for streamlining the country’s civil service structure.

In May 2013, the apex court issued a comprehensive judgment, declaring all out-of-turn promotions, deputations, absorption and reappointments illegal in Sindh. The judgment was authored by Justice Amir Hani Muslim.

The court in its ruling also defined parameters for deputation, absorption and reappointments of civil servants. It also declared that “no police personnel or civil servant is entitled to out-of-turn promotion on account of gallantry award or otherwise.”

Later, proceedings were initiated for implementing the verdict.

Over the past three years, thousands of federal and provincial government employees were either demoted or repatriated to their parent departments.

Earlier, the main focus of the court’s proceedings was Sindh.

Additional Advocate-General Qazi Shahryar said that the apex court was issuing contempt notices to relevant officers in various provincial departments across the country.

Earlier this year, the bench led by Justice Hani initiated proceedings on compliance of its verdict in the federal capital and other provinces.

In July, the Punjab police told the SC that it had withdrawn 10,884 out-of-turn promotions.

Subsequently, the aggrieved Punjab police officers filed review petitions against their demotions or transfers.

Likewise, at least 40 officials in the Capital Development Authority (CDA) were repatriated to their parent departments. These officials also moved review petitions against their repatriations.

This week, a three-judge bench, led by Justice Hani, restrained all four provincial chief ministers from appointing assistant commissioners on quota basis.

The matter was referred to the chief justice for suo motu action, examining whether or not the chief minister’s powers under West Pakistan Civil Service Rule, 1964 violated the Constitution. Similarly, the court also ordered the federal government to frame rules regarding the appointment of administrators in government hospitals in the federal capital.

Government’s response 

“The judgment authored by Justice Amir Hani Muslim will help bring stability and structural strength in the civil service,” Attorney-General Ashtar Ausaf Ali said.  He said: “Out-of-turn promotions create resentment. These are now not possible.”

The federal government, he said, was committed to comply with the SC judgment. The AGP admitted that the task could not have been done by political governments.

However, the Election Commission of Pakistan, which is a constitutional institution, moved to repatriate some officers to their parent departments.

The official, however, believed that although the SC’s judgment was being implemented by the federal, Sindh and Punjab governments, the verdict was not being fully implemented by Khyber-Pakhtunkhwa and Balochistan.

Critical view

Shoaib Shaheen, who is the attorney of several aggrieved officials, believes that the judgment should not be enforced retrospectively, otherwise government servants would be demoralised.

The legal community is also raising questions over the appointment of civil servants on key posts of the apex court on deputation.

Published in The Express Tribune, September 26^th, 2016.