Case Details

Citation(s)
2025 SLG 4579 2025 SLD 4579 = 2025 PLC 300
Supreme Appellate Court Gilgit-Baltistan
Reference No. 01 of 2023, heard on 3rd May, 2024.
Present: Sardar Muhammad Shamim Khan, CJ
Muhammad Nazir, Advocate-General, Gilgit-Baltistan.

Law: Gilgit-Baltistan System of Financial Control and Budgeting Rules, 2009

Section: 11(a)

Law: Gilgit-Baltistan Rules of Business, 2007

Section: 3(3)

Law: Government of Gilgit-Baltistan Order, 2018

Section: 92,99(1)(a),118

(a)    Gilgit-Baltistan System of Financial Control and Budgeting Rules, 2009-------R. 11(a)-Annex-I (Entry No. 1)---Gilgit-Baltistan Rules of Business, 2007, R. 3(3)-Schedule-II, Serial No. 4(7)---Government of Gilgit-Baltistan Order, 2018, Arts. 92, 99(1)(a) & 118---Advisory Reference before the Supreme Appellate Court---New posts in Gilgit-Baltistan, creation/upgrading of---GilgitBaltistan Government, powers of---Federal Government, concurrence of---Scope--Opinion sought by the Governor Gilgit-Baltistan through Reference under Art. 92 of the Government of Gilgit-Baltistan Order, 2018, with regard to the questions of law concerning creation and up-gradation of any post without prior concurrence from Federal Finance Division, Islamabad---Supreme Appellate Court opined that under R. 3(3)-Schedule-II, Serial No. 4(7) of Gilgit-Baltistan Rules of Business, 2007 and R. 11(a)-Annex-I (Entry No. 1) of Gilgit-Baltistan System of Financial Control and Budgeting Rules, 2009, the Gilgit-Baltistan Government was empowered to create new posts after approval by Finance Department, Gilgit-Baltistan---Record revealed that a meeting pertaining to Package/distribution of funds for Gilgit-Baltistan was held on 13.12.2012 under the Chairmanship of Federal Finance Secretary Islamabad wherein Sr. Minister, Chief Secretary and Finance Secretary of Gilgit-Baltistan duly participated---In said meeting it was unanimously agreed that Government of Gilgit-Baltistan shall not create/upgrade any post without prior concurrence of Federal Finance Division, Islamabad---Said decision stipulated that "Since the Federal Government has to finance the budget of Gilgit-Baltistan, Government of GilgitBaltistan shall not create any vacancy without prior concurrence of the Finance Division. Otherwise, Finance Division will not provide any funding for the vacancy created by Finance Department, Gilgit-Baltistan (G.B) at its own--Finance Department will convey department-wise existing sanctioned posts to Finance Division by 31.12.2012"---Record (Annexures) revealed that Federal Government through as many as four letters from time to time (spanning from the year 2015 to year 2021)…
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