Law: Constitution of Pakistan, 1973

Section: 18,27

Summary

The petitioner challenged an office order dated October 18, 2021, concerning the appointment and promotion process within the Port Qasim Authority (PQA), claiming it was illegal and unconstitutional. The petitioner sought a declaration against the order, a directive to evaluate and promote him to Director (Marine Operation) (BS-20), an injunction against another officer's appointment, and any other relief deemed fit by the court.

The court referred to its earlier order dated April 29, 2022, which addressed the legality of appointments at PQA emphasizing the necessity of transparency, merit, competitive promotion, and fair procedures in line with Articles 18 and 27 of the Constitution. The court found out-of-cadre postings, ad-hoc, and own pay and scale (OPS) appointments at senior levels illegal. It mandated competitive processes for filling the Director (Marine Operation) post and ordered an investigation of past irregular appointments.

Although the petitioner had retired, the court held that the legal principles outlined apply in rem (to the matter, not the person) and can still be enforced. Consequently, the petition was disposed of on the basis of the prior order, instructing compliance by PQA.