Cases of officers made permanent being referred to FPSC

ISLAMABAD: The federal government has taken a big decision regarding civil officers made permanent by the cabinet committee after receiving the opinion of law ministry.

The Supreme Court (SC) on September 13, 2024 had declared order of cabinet committee to regularise civil servants of Grade-16 and above working on contract as illegal. It said cabinet committee had authority to regularise only employees of Grade-1 to 15. It was wrong to regularise cases of Grade-16 and above. These cases should be referred to FPSC.

The Establishment Division, after taking the opinion of law ministry, has ordered all ministries and divisions to implement the SC’s decision. The decision will affect hundreds of officers made permanent on civil servant posts in various ministries and divisions.

The Establishment Division had taken the opinion of law ministry under Rule 14 of Rules of Business, 1973. The ministry opined Supreme Court in its decision had not only comprehensively interpreted Civil Servants Act but also clarified Federal Public Service Commission Ordinance, 1977 and rules related to appointment, promotion and transfer of civil servants.

Officers of Grade-16 and above made permanent will have to approach FPSC for determination of their fitness and eligibility, as their current status has become illegal.

All secretaries will send the cases of officers made permanent in their respective departments to FPSC. The commission will re-conduct the tests and interviews of all candidates.

The decision will affect officers of Board of Immigration, FIA, State Offices, Federal Education, Federal Seed Certification, Passport offices and other departments. It will be applicable only to civil post/FPSC seats, not to autonomous bodies, corporations and authorities.

The Islamabad High Court (IHC) had ruled regularisation cases should be sent to FPSC. The appeal of applicants belonging to Bureau of Immigration and other departments was rejected by ICA. Mohsin Raza Gondal, Syed Altaf Haider Shah, Kamran Nawaz, Furqan Qureshi and Muhammad Israr challenged the decision in SC. The court also rejected these appeals.