‘Secretive’ amendments to CSP rules: Centre on notice

Petitioner’s counsel says impugned SRO represents an assault on scheme of administrative federalism

PESHAWAR:

The Peshawar High Court (PHC) issued a notice to the federal government on Wednesday on a petition against amendments secretively made by the government to the Civil Service of Pakistan Rules, 1954 through Statutory Regulation Order (SRO) 1046 of 2020.

The petitioner, Farhat

The Peshawar High Court (PHC) on Wednesday issued a notice to the federal government on a petition against amendments “secretively” made by the government to the Civil Service of Pakistan Rules, 1954 through Statutory Regulation Order (SRO) 1046 of 2020.

A division bench of the PHC comprising Justice Muhammad Nasir Mehfooz and Justice Arshad Ali heard the petition.

The petition was filed by a senior officer of the Khyber-Pakhtunkhwa (K-P) Provincial Management Service (PMS) Farhatullah Khan Marwat through Umer Ijaz Gilani Advocate.

The counsel for the petitioner argued that the impugned SRO represented an assault on the scheme of administrative federalism laid down in the Constitution of 1973 and reinforced by the 18th Amendment.

After the preliminary arguments, the bench admitted the petition for hearing and sought comments from the federal government.

The counsel maintained that the notification had been issued purportedly in pursuance of the Federal Civil Servants Act, 1973 adding that it travelled beyond the mandate of the parent act, the scope of which is confined to federal posts only.

Neither the act nor the Constitution empowered the federal government to make any appointments to any provincial posts or to set rules for this purpose, he said, adding that provincial posts are an exclusively provincial matter.

The petitioner’s lawyer argued that through the SR0 1046, the Establishment Division had effectively usurped for itself the right to periodically re-determine and possibly reduce the share of seats available to provincial civil servants in the upper echelons of the provincial bureaucracy.

He said the SRO 1046 militates against the entire scheme of the Constitution, which is based on the principle of provincial autonomy and administrative federalism, in particular, the 7th recital of the Preamble, Articles 1 (1), 97 read with 240 (a) and Article 137 read with 240 (b).

He asserted that through the SRO 1046, the power to make appointments to numerous important provincial civil service posts had been taken away from provincial cabinets (acting as collegiate, deliberative) and handed over to the prime minister.

"This power can now be exercised behind closed doors, to the detriment of a provincial civil servant like the petitioner," he noted.

The counsel further noted that the SRO sought to defeat the spirit of the Supreme Court's landmark judgment in the Mustafa Impex case.

After hearing preliminary arguments, the court issued notices to the secretary establishment and secretary law.

ullah Khan Marwat, a senior officer of the Khyber Pakhtunkhwa (K-P) Provincial Management Service (PMS), has argued that the impugned SRO represents an assault on the scheme of administrative federalism laid down in the Constitution of 1973 and reinforced by the 18th Amendment.

The petition was filed through Advocate Umer Ijaz Gilani. It was heard by the bench of Justice Muhammad Nasir Mehfooz and Justice Arshad Ali. After hearing preliminary arguments, the bench was pleased to admit the petition for hearing and sought comments from the federal government.

Counsel for the petitioner argued that the notification has been issued purportedly in pursuance of the Federal Civil Servants Act, 1973.

However, the counsel added that it travels beyond the mandate of the parent act, the scope of which is confined to federal posts only. Neither the Act nor the Constitution empowers the federal government to make any appointments to any provincial posts or to set rules for this purpose. Provincial posts are an exclusively provincial matter, he maintained.

The petitioner further claimed that through the SR0 1046, theh Establishment Division has effectively usurped for itself the right to periodically re-determine and possibly reduce the share of seats available to provincial civil servants in the upper echelons of the provincial bureaucracy.

The counsel for the petitioner argued that the SRO 1046 militates against the entire scheme of the Constitution, which is based on the principle of provincial autonomy and administrative federalism, in particular, the 7th recital of the Preamble, Articles 1 (1), 97 read with 240 (a) and Article 137 read with 240 (b).

The petitioner asserted that through the SRO 1046, the power to make appointments to numerous important provincial civil service posts has been taken away from provincial cabinets (acting as collegiate, deliberative) and handed over to the prime minister.

"This power can now be exercised behind closed doors, to the detriment of a provincial civil servant like the petitioner, " he maintained.

The counsel for the petitioner argued that the SRO seeks to defeat the spirit of the Supreme Court's landmark judgment in the Mustafa Impex case.

After hearing preliminary arguments, the court issued notices to the secretary establishment and secretary law.