islamabad - A senior officer of Inland Revenue Service group has challenged the decision of High Powered Selection Board in the Islamabad High Court for ignoring senior officers of the same group and promoting  two juniors to grade-22.

Prime Minister Nawaz Sharif had chaired a HPSB on August 01 and approved the promotion of 13 officers of different services groups from grade 21 to grade 22. The notification of promotions issued by Secretary to PM Fawad Hassan Fawad on August 07 and advised all promoted officers to continue on same positions.

According to the documents available with The Nation, the HSPB ignored seniority list of Inland Revenue Service and picked two blue eyed officers, including Chaudhry Safdar Hussian and Dr Muhammad Irshad who are on number 10 and 16 in seniority list but have been promoted to grade 22. The federal government asked both promoted officers to continue their services on same positions.

Raana Ahmed, Accountant Member, Appellate Tribunal Inland Revenue, Lahore, grade 21 officer of Inland Revenue Service filed a petition against the Federation of Pakistan through Secretary Establishment Division, Government of Pakistan, Islamabad, Establishment Division, Government of Pakistan through Secretary, Establishment Division, Islamabad, Federal Board of Revenue through Chairman, Federal Board of Revenue, Islamabad,  Haroon Akhtar Khan, Special Assistant to the Prime Minister on Revenue, FBR House, Constitution Avenue, Islamabad, Ch. Safdar Hussain, Chief Commissioner, Large Taxpayers Unit, Syed Mauj Darya (Edward) Road, Lahore, Dr Muhammad Irshad, Member (IR-Operations), FBR, FBR House, Constitution Avenue, Islamabad.

She says in her petition that she fulfilled all the requirements for promotion to BS 22, was rightfully waiting for her promotion in the meeting of the High-Powered Selection Board (hereinafter referred to as HPSB) on August 1, 2016. To her utter disappointment, she came to know through media reports that despite being at No. 5 of the seniority list, she along with her 12 colleagues, was not promoted (probably deferred) while Respondents No. 5 & 6 who were at No. 10 & 16 of the seniority list, respectively, thus, much junior to her, were promoted. Minutes of the impugned meeting of the HPSB are still awaited.

The petition says the petitioner, having come across the aforesaid grievance, has no other remedy except to invoke jurisdiction of this Honorable Court under Article 199 of the Constitution of the Islamic Republic of Pakistan (hereinafter referred to as the “Constitution”). The honourable court is very much competent to adjudicate upon the matter as jurisdiction of the Federal Services Tribunal is specifically barred under section 4(1)(b) of the Services Tribunal Act, 1973, regarding a matter of fitness, suitability and to hold a particular post, as per law laid down by the apex court in judgments cited as 1991 SCMR 1041, PLD 1994 SC 539, 2007 SCMR 682, 2014 SCMR 817 and in CPLA 41/2015 dated 22.04.2015 in the case of Secretary Establishment vs. Aftab Ahmad Manika & Others. Hence, this petition, inter alia, on the following grounds:

It further says that the Chairman FBR, who is to act as DR, was not present in the meeting of the HPSB as he was in Dubai and the said promotions were made in his absence in violation of rules and the Federal Minister for Finance, Revenue, Economic Affairs and Statistics who is not member of the HPSB attended the said meeting in violation of rules.

Sources said that the Establishment Division did not issue the notification of promoted officers so far. They said that FBR has issued the notification of promotion of their two officers and the concerned department can issue the notification of promotion notification of promoted officer after the approval of PM.