| Citation(s) |
|---|
| 2015 SLG 3035 2015 SLD 3035 2015 PLC 923 |
Sindh High Court
Constitutional Petitions Nos. D-786, D-787 and D-4054 of2014, decided on 22nd September, 2014. DATE of hearing: 13thAugust, 2014
SYED HASAN AZHAR RIZVI AND AZIZ-UR-REHMAN, JJ
Muhammad Farogh Naseem for Petitioners (in C.Ps. Nos.D-786 and D-787 of 2014). Muhammad Jamshid Malik for Petitioner (in C.P. No. D-4054 of 2014). Asif Hussain Mangi, Standing Counsel (for
Respondents Nos.1 and 3). Zakir Leghari and S. Noor-ud-Din Ahmed,
Constitutional Petitions Nos. D-786, D-787 and D-4054 of2014, decided on 22nd September, 2014. DATE of hearing: 13thAugust, 2014
SYED HASAN AZHAR RIZVI AND AZIZ-UR-REHMAN, JJ
Muhammad Farogh Naseem for Petitioners (in C.Ps. Nos.D-786 and D-787 of 2014). Muhammad Jamshid Malik for Petitioner (in C.P. No. D-4054 of 2014). Asif Hussain Mangi, Standing Counsel (for
Respondents Nos.1 and 3). Zakir Leghari and S. Noor-ud-Din Ahmed,
AHMED SAEED SIDDIQUI and othersvsPAKISTAN through Secretary Establishment and others
Law:
Section:
(a) Civil Servants Act (LXXI of 1973)--- ----S. 22---Federal Service Tribunals Act (LXX of 1973), S.4---Constitution of Pakistan, Arts.199 & 212---Constitutional petition---Maintainability---Promotion of the civil servants to selection posts from BS-20 to BS-21 and from BS-19 to 20---Bar contained under Art.212 of the Constitution---Scope---Deferment of the civil servants (petitioners) by the Central Selection Board---Petitioners earned "good", "very good", "excellent" and "outstanding performance" evaluation in their ACRs/PERs throughout their service career---Appointment through promotion to 'selection' posts was based on 'merit', which required subjective assessment regarding "fitness" and "suitability" of the officers, to the said posts subject to their eligibility---Petitioners being senior officers with unblemished record were not recommended for promotion by the Central Selection Board, whereas officers juniors to petitioners were recommended for promotion without any lawful justification---Validity---Appointment through promotion against the selection posts was purely based on merits---Promotion to such posts required "subjective assessment viz-a-viz "fitness" and "suitability"---"Assessment of fitness" and "suitability" were excluded from the ambit of Service Tribunal under S.4 of the Federal Service Tribunals Act, 1973---Constitutional petitions were maintainable, in circumstances. Syed Mahmood Akhtar Naqvi and others v. Federation of Pakistan and others PLD 2013 SC 195; Tariq Aziz-ud-Din and other's case 2010 SCMR 1301 and Orya Maqboo1 v. Federation of Pakistan and others 2014 SCMR 817 ref. Liaquat Ali Chughtai v. Federation of Pakistan through Secretary Railways and 6 others PLD 2013 Lah. 413 and Shabir Ahmed v. Kiran Khursheed and others 2012 CLC 1236 rel. (b) Civil Service--- ----Selection Board (public authority)---Selection of officers---Subjective assessment---Scope---"Subjective evaluation" was to be based on an "objective criteria"---In the present cases, the deferment of the petitioners' promotions was on account of "undisclosed reasons"---"Objective assessment" for promotion and determining the fitness was required to be made under the…