Islamabad - A division bench of Islamabad High Court yesterday reissued notices to all respondents in federal government’s intra court appeal challenging its earlier verdict in which the court had declared the recent promotions of some 300 high-level bureaucrats as null and void.
The dual bench comprising Justice Aamer Farooq and Justice Mian Gul Hassan Aurangzeb conducted hearing in the federal government’s ICA moved by Additional Attorney General (AAG) Afnan Karim Kundi challenging the high court’s judgment dated July 27, 2015. The bench deferred the proceedings till January 20.
During the hearing, Abdul Rehman Siddiqui Advocate, the counsel for additional secretary Capital Administration and Development Division (CA&DD), appeared before the court and told that court notices could not be served on all the respondents.
At this, the bench directed to reissue notices to all respondents in this matter and adjourned the hearing.
In this matter, Justice Athar Minallah had earlier recused himself from the hearing citing some personal reasons and sent the matter to Chief Justice (CJ) IHC to form a new division bench to hear this ICA.
The AAG contended in the ICA that the IHC bench had no jurisdiction to hear this matter in accordance with Article 212(2) and further said that the promotion is not a right that a civil servant could ask for and it is within the exclusive domain of the executive authority. He further argued that it is government’s authority to form and review the promotion policy and thus it could not be challenged. In July 2015, Justice Shaukat Aziz Siddiqui had set aside the promotions of bureaucrats with directions to the federal government to revise the promotion policy criteria and reconsider the promotions of those officers whose names were deferred in central selection board (CSB) meeting.
Justice Siddiqui had also declared that the entire process carried out by the CSB on the basis of the formula is illegal.
Earlier, some 64 bureaucrats had assailed the recommendations of CSB and formula through which promotions were awarded while calling it as a controversial formula introduced by the federal government in 2012. These promotions had been recommended in May this year by CSB.
The federal government in its ICA has adopted that “for selections/ posts, comparatively more meritorious officers are selected and appointed based on the collective wisdom of the CSB and the fact that a senior officer is not promoted having been found not fit for promotions due to lesser comparative merit does not attach any stigma.”
“This also applies to an officer not promoted due to negative general reputation or perception about him or his integrity which simply results in leaving him out of competition of promotion,” maintained the government in ICA. The federal government has prayed to the court to set aside the order issued against the promotions of hundreds of civil servants.