ISLAMABAD - The Islamabad High Court Tuesday directed Establishment Division to implement court’s orders regarding the proforma promotion of 23 former civil servants within a fortnight.
Justice Shaukat Aziz Siddiqui issued these directions while hearing a contempt of court petition moved by these former civil servants who were seeking their proforma promotion . The judge also remarked that contempt of court proceedings would be initiated against Secretary Establishment Division if court orders were not implemented till February 17.
It is pertinent to mention here that in this connection, an IHC bench ordered the Establishment division on dated April 22, 2013 to give proforma promotion to these civil servants.
During the hearing in the contempt of court petition on Tuesday, Justice Siddiqui expressed his anger for not implementing the court’s orders and directed the respondents to comply the orders. According to the details, all the 23 civil servants were retired before 2007 including the petitioner Mohammad Iqbal Khan when Establishment Division had revised the seniority list pursuant to the apex Supreme Court orders of 1998.
Through proforma promotion these petitioners will be promoted to grade 20, 21 and 22 grades on papers. They will be paid arrears accordingly but their services would not be acquired.
In this matter Establishment Division had issued a revised seniority list on March 13, 2007 pursuant to apex court judgment dated May 13, 1998 where the Supreme Court had directed the establishment division to revise the seniority list according to the principles laid down.
Issuing the revised seniority list, the ED then granted proforma promotion to the four retired civil servants namely Dr Aleem Mahmood, Akbar Hayat Gandapur, Hamid Qureshi and Javed Noel in higher grades.
The principle according to which these officers were promoted is that the officers placed on the revised seniority list could claim promotion to higher grades in the light of precedent set in the case with effect from dates their junior officers were promoted before them. The petitioner informed the court that the four promoted retired officers were junior to the 23 present petitioners who later filed applications before the federal services tribunal (FST). Then FST accepted appeals of these 23 officers and directed the establishment division to grant proforma promotion to them with effects from the dates their respective immediate juniors were promoted with all consequential benefits.
According to the petitioners, the establishment division did not pay any heed to the FST orders dated January 27, 2012 and then they filed an appeal before the IHC .
The IHC bench directed the establishment division to implement the FST orders within 15 days time while hearing the matter on April 22, 2013. But the order is yet to be implemented. After issuing the aforementioned directions, the court deferred the hearing of this case for further proceedings till February 17.