Law:

Section:

Constitution of Pakistan-------Art. 184(3)---Constitutional petition under Art.184(3) of the Constitution---Civil service---Promotion---Posting of civil servants, with outstanding past records, as Officers-on-Special Duty (OSD) without any explanation---Propriety---Political victimization---Violation of directions given by the Supreme Court in the case of Syed Mahmood Akhtar Naqvi and others v. Federation of Pakistan and others (PLD 2013 SC 195)---Two senior civil servants in question, who were officers in BS-21, were made Officers-on-Special Duty (OSDs) since the years 2008 and 2011 respectively and were not given any postings---Cases of said two civil servants were forwarded for promotion but were deferred on the sole ground that they could not earn any Performance Evaluation Reports (PERs) because of their being posted as Officers-on-Special Duty (OSDs), which was not an act of their own doing---Civil servants in question could not earn any Performance Evaluation Reports (PERs) one way or the other because of their posting as Officers-on-Special Duty (OSDs), but this could not be construed to their detriment under any canons of law and propriety---No reason had been given by the concerned department and officials for such treatment---Record also did not show anything which could call for such treatment---Had the past performance or integrity of civil servants in question been below the mark, they could have been treated as such but there was nothing of that sort---"Let them suffer" might be a command of expediency but it could not be approved when, "give them their due" was a command of justice, which prima facie appeared to have been denied to the civil servants out of indignation and ill-will of the high ups---Past record of civil servants had been outstanding throughout---Civil servants had initiated a contest in the High Court (for redressal of their grievance), but called it off when the concerned department assured the High Court that they would be considered for promotion, however nothing in black and white was done towards what was assured---One of the civil servants was due to retire in a day or so while the other one was going to retire in a year…

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