Law:

Section:

(a) High Court Establishment (Appointment and Conditions of Service) Rules, 1974--

---- Rr.17,22 & 26 --- Constitution of Pakistan (1973), Art.208 --- Constitution of Pakistan (1956), Art.227(5) --- Punjab Civil Servants Act (VIII of 1974), S.2(1)(b) --- Terms and conditions of officer's and servants of High Court including their appointment and promotion --- Chief Justice of High Court (Lahore) was empowered to appoint or promote any person or to deal with the case of any person in such a manner as deemed by him to be just and equitable under provision of R.26, High Court Establishment (Appointment and Conditions of Service) Rules, 1974 which were framed under the Constitution of Pakistan, (1956) and would continue to be still in force under Art.208 of the Constitution (1973), unless repealed, modified or amended --- Chief Justice of High Court, thus, had validly passed an order for grant of B.P.S. 19 with effect from specified date on regular basis to an officer of the Court and such orders once passed were to be implemented and acted upon --- Said order of Chief Justice would not require any further approval by the Provincial Government or the Governor to give effect to the same.

Article 208 of the Constitution, 1973 provides that a High Court with the approval of the Governor concerned may make rules providing for the appointment by the Court of officers and servants of the Court and for their terms and conditions of the employment. It is manifest from this provision of the Constitution that the terms and conditions of the officers and servants of the Court including their appointment and promotion are not to be governed by the law relating to the terms and conditions of a civil servant of the Province or the rules framed thereunder except those which have been expressly made applicable by those rules. One of such rules is Rule 22, High Court Establishment (Appointment and Conditions of Service) Rules, 1974 which provides that in respect of salaries, allowances, leave or pension they shall be governed by the Civil Servants Rules (Punjab) as amended from time to time by virtue of which the servants and officers of High Court are entitled to the same benefits regarding salaries, allowances leave or pension etc., which are payable to the similarly placed civil servants of the Province. It is manifest that the provincial service laws and rules framed thereunder relating to appointment and promotion of civil servants have not been made applicable to regulate and control the appointment and promotion of officers and servants of the High Court which are to be governed by these rules. ] By virtue of Article 208 of the Constitution, officers and servants of Lahore High Court are not civil servants within the contemplation of Punjab Civil Servants Act, 1974. The same was the position under 1956 Constitution under which the High Court Establishment (Appointment and Conditions of Service) Rules, were framed which are still in force and shall continue to remain in force under Article 208 of the Constitution unless repealed, modified or amended. Rule 17 of the said Rules regulates the fixation of the pay including special pay and allowances of the High Court Establishment from time to time ' and does not cover the cases of promotion of an officer to a higher grade. A close scrutiny of these rules reveals that they are comprehensive in all respects covering all matters relating to the officers and servants of the High Court from the initial stage of their appointment up to the retirement including matters relating to promotion etc. and in all these matters the competent authority is the High Court. High Court Establishment (Appointment and Conditions of Service) Rules, 1974 have the sanction of the Constitution and have been framed with the approval of the Governor of the Province. Rule 26 of the said Rules expressly confers powers on the Chief Justice to appoint or promote any person or to deal with the case of any person in such manner as appears to him to be just and equitable. Under this rule the Chief Justice of Lahore High Court is fully empowered to pass an order for the promotion of any officer of the Court which does not require any further approval by the Provincial Government or the Governor to give effect to it as the conferment of this power has the approval of the Governor. This view was in line with the mandate of the Constitution and the provisions embodied in the Objectives Resolution which has become substantive part of the Constitution which provides that the judiciary would be separated from the executive. It was with a view to achieve that object that under the said rules framed by the High Court i.e. the Chief Justice has been constituted the competent authority in regard to matters relating to terms and conditions of servants and officers of the Court.