| Citation(s) |
|---|
| 2010 SLG 2808 2010 SLD 2808 2010 SCMR 1301 |
Supreme Court of Pakistan
Human Rights Cases Nos. 8340, 9504-G, 13936-G, 13635-P &14306-G to 143309-G of 2009, decision dated: 28-04-2010
IFTIKHAR MUHAMMAD CHAUDHRY, C.J. CH. IJAZ AHMED AND GHULAM RABBANI, JJ
Human Rights Cases Nos. 8340, 9504-G, 13936-G, 13635-P &14306-G to 143309-G of 2009, decision dated: 28-04-2010
IFTIKHAR MUHAMMAD CHAUDHRY, C.J. CH. IJAZ AHMED AND GHULAM RABBANI, JJ
TARIQ AZIZUDDIN and others: in re
Law:
Section:
CH. IJAZ AHMED. J.---Facts in brief, relevant for disposal of instant HR Cases, are that one Mr. Tariq Aziz-ud-Din from the Foreign Service Group, moved an application dated 6th November, 2009, addressed to Chief Justice of Pakistan, stating therein that Government of Pakistan has made promotions of officers of various occupational groups, including Foreign Service group to which he also belong, from BS-21 to BS22, in total violation of Constitutional basis and principles of merit, seniority and fair play. He added in the application that the competent authority has no arbitrary power under the law to pick and choose on his whims although he sits as head of Selection Board. It is averred by him that in this way his fundamental right to expect a fair career progression has been violated as his juniors have been promoted while superseding him without any justification. The application was registered as HR Case No. 8340G/2009. Initially, the comments on the above said application were called from the Secretary, Ministry of Foreign Affairs, Government of Pakistan, however, ultimately the matter was ordered to be fixed in Court with notice to the Attorney-General for Pakistan, Secretaries, Establishment and Foreign Affairs Divisions, applicant and all those officers who had been superseded as well as to the officers promoted by the Federal Government to be served through Secretary Establishment. In the meantime, some of the other affectees also approached the Court by way of filing separate applications, which were also registered as HR Cases, titled above and clubbed together. Subsequently, Mr. Muhammad Akram Sheikh, Senior Advocate Supreme Court, Mr. M. Ikram Chaudhry, Advocate Supreme Court, Dr. Muhammad Aslam Khaki, Advocate Supreme Court, Mr. Afnan Karim Kundi, Advocate Supreme Court and Mr. Haider Hussain, Advocate Supreme Court appeared on behalf of the applicants/officers who have not been promoted, whereas Mr. Abdul Hafeez Pirzada, Senior Advocate Supreme Court appeared on behalf of Federation of Pakistan through Establishment Division. Likewise, Mr. Anwar Mansoor Khan, Attorney-General for Pakistan appeared on Court's notice. On the other…