SC dismisses Finance Ministry’s pleas in time scale promotion case

ISLAMABAD: The Supreme Court on Tuesday dismissed the appeals of the Ministry of Finance in the time scale promotion case of private secretaries of federal government institutions.

A three-member bench of the apex court headed by Justice Syed Mansoor Ali Shah and comprising Justice Athar Minallah and Justice Muhammad Ali Mazhar issued a written order in in a case Federation of Pakistan through Ministry of Finance verses various petitioners.

The court declared that the Federal Service Tribunal is the highest forum for the purpose of determination of facts and only a substantial question of law of public importance arising out of the case can be taken up by the apex court.

No such question is involved in the instant petitions, which are accordingly dismissed and leave is refused, the court held.

The court noted that a permission was sought by AOR to file the titled CPLA as the petitioner department was not arrayed as party by the respondents before the learned Federal Service Tribunal being aggrieved party.

Earlier, in an appeal filed by the appellant 19 private secretaries, the Service Tribunal had issued an order to the Ministry of Finance that all other private secretaries, including the appellants, who are eligible for Grade-18 and Grade-19 before March 31, 2021, should be given the time scale in Grade 18-19

The Federal Service Tribunal, in another appeal recently, had also invalidated the Finance Ministry’s controversial Office Memorandum dated March 31, 2021.

It is pertinent to mention here that earlier, under the office order of June 2, 1983 of the Establishment Division which was approved by the President of Pakistan, the private secretaries of Grade-17 were promoted to Grade-18 and 19 with the benefit of length of service.

Later, the Ministry of Finance promoted the private secretaries by increasing the rules of length of service with the approval of the prime minister requiring to serve five years in Grade-17 for promotion to Grade-18 and another seven years for promotion in Grade-19.

Similarly, the Federal Service Tribunal in its recent decision while referring to the Rules of Business had declared that the service matters of the employees can be amended only with the advice of the Establishment Division, which does not come under the purview of the Ministry of Finance.