A taxing affair: Income tax officials’ petition against promotions of ‘juniors’ dismissed

The court asked officers to refer to the Federal Services Tribunal in this regard

PESHAWAR: The Peshawar High Court has dismissed a petition of income tax deputy commissioners—appointed through the Central Superior Services—against the possible promotion of 39 other income tax officers to the newly-created post of additional income tax commissioner.

The CSS officers contended they were initially inducted on more senior posts compared to the others and it is them who should be promoted to the position. The court asked them to refer to the Federal Services Tribunal in this regard.

The division bench of Chief Justice Mazhar Alam Miankhel and Justice Muhammad Daud Khan dismissed the petition of the CSS-inducted deputy commissioners after it heard arguments from both sides.

During the course of hearing, the court was told that Hamidur Rehman and other officers were recruited through the CSS in 2003 as assistant income tax officers. They were later promoted to the posts of deputy income tax officers.

In the same year, 39 other income tax officers were promoted to the posts of assistant commissioners and then deputy commissioners in 2008 by the federal government.

The petitioners’ counsel told the court that the Supreme Court had already declared the promotion of out of turn officers illegal.  It was pointed out to the court that these 39 officers received extraordinary promotions so their advancement to BPS-18 was illegal and against the Constitution.

Meanwhile, Ijaz Anwar, the counsel of the 39 respondents, told the court that his clients were appointed as income tax officers in 1999 and then promoted to the posts of assistant commissioners in 2003.

“These officers were merged in the group of Civil Services Pakistan (CSP) and promoted to the posts of deputy commissioners in 2008,” he said.  As these officers were now being promoted to BPS-19 as additional commissioners income tax, the petitioners are raising the issue of seniority,” Anwar told the court.

He added that as per the law, officers on the top of seniority lists are considered of a higher ranking than those directly appointed. A number of high courts have declared that if the petitioners have any kind of problems, they should approach the Federal Services Tribunal as the matter falls under its jurisdiction.

The court, after hearing arguments from both sides, dismissed the petition.