government and the contesting candidate, who had slapped an Election Commission’s woman official inside a polling station in Tando Adam.
Instead of dealing with the Waheeda Shah incident in isolation, Anita expected from the top-most judge of the country to address the core issues pertaining to restoration of dignity of civil services and civil servants to enable them to play their part in the electoral process with utmost dignity and confidence. In this regard, she believed that ensuring security of tenure, apolitical placements and transparent promotions are a must.
Following her fight, the apex court handed down a historic judgment whereby the government servants were given security for the tenure of their posting. In the same case, the Supreme Court directed:
“(1) Appointments, removals and promotions: Appointments, removals and promotions must be made in accordance with the law and the rules made thereunder; where no such law or rule exists and the matter has been left to the discretion, such direction must be exercised in a structured, transparent and reasonable manner and in the public interest.
(2) Tenure, posting and transfer: When the ordinary tenure for a posting has been specified in the law or rules made thereunder, such tenure must be respected and cannot be varied, except for compelling reason, which should be recorded in writing and are judicially reviewable.
(3) Illegal orders: Civil servants owe their first and foremost allegiance to the law and the Constitution. They are not bound to obey orders from superiors which are illegal or are not in accordance with accepted practices and rules; instead in such situation, they must record their opinion and, if necessary, dissent.
(4) OSD officers should not be posted as OSD except for compelling reasons, which must be recorded in writing and are judicially reviewable. If at all an officer is to be posted OSD, such posting should be for the minimum period possible and if there is a disciplinary inquiry going on against him, such inquiry must be completed at the earliest.”
Ironically, despite this landmark ruling from the apex court in favour of the politicised bureaucracy, the dominant majority of the civil servants do not want to get out of the present state of slavery and humiliation.