SC judgment violated in civil servants promotion case

ISLAMABAD: The recent promotions in BS-20 & 21 announced by the federal government on the basis of Central Selection Board (CSB) meeting held in Dec 2018 have been made in violation of the Supreme Court (SC) of Pakistan’s verdict as the board has ignored apex court’s recommendations.

The SC in its October 25, 2018 judgment has clearly directed the federal government that the civil servants whose promotion was due on their time of first consideration by the CSB should be considered for promotion accordingly. The apex court had also directed the government that those civil servants who have retired in meanwhile should also be considered for promotion by the CSB.

Similarly, the court in its judgment also mentioned that the officers superseded/deferred by the CSB be informed about the reason for their supersession/deferment to enable them to improve their performance and to complete their records or to make up any other deficiency as the case may be.

However, the government has violated both directions of the apex court. The government instead of giving promotion to the civil servants from their date of consideration has promoted them with immediate effect. This move has deprived them from getting seniority and consequential benefits which was specifically mentioned in the judgment dated March 13, 2017. Whereas CSB has not even considered the civil servants for promotion who have retired in meanwhile. Similarly, those who have been superseded were not provided the reasons of their supersession/deferment.

The apex court in its judgment warned that in case the Federal Government still persisted in not complying with the judgment the court will no more be taking a lenient view and will pass appropriate orders against all those responsible for such non-compliance.

Adviser to Prime Minister on Establishment, Muhammad Shahzad Arbab, while talking to The News, said he doesn’t know whether CSB has implemented the apex court recommendations in letter and spirit while considering the promotions of the civil servants or not. He said he is not part of the CSB but he is sure that the board must have kept the apex court verdict in view while considering the promotion of the civil servants.

“Generally the CSB considers those officers for promotion who have even retired. I am not sure whether CSB has considered all the retired officers who were waiting for their promotion or not. However, I can confirm the board has considered a few cases of retired officers and given them promotion even after their retirement”, commented Shahzad Arbab.

The apex court judgment dated October 25, 2018 says, “Mr. Afnan Karim Kundi, learned ASC for the respondents-alleged contemnors submit that in the face of the Islamabad High Court judgment rendered on 27th September 2018, in respect of some of the candidates before the court in the present proceedings and few others, a CSB meeting to reconsider them for promotion is being convened and preparation for the same are underway. Since the Federal Government in compliance of the high court‘s order is now proceeding to reconsider, from those before us, who have attained a judgment in their favour from the Islamabad High Court, we find it appropriate that those who, though ,on similar footings, but have not approached the Islamabad High Court, and have instated come before us only, and even those who have not come before us either, but are otherwise similarly placed, be all treated alike, and keeping in view the parameters drawn by us through our judgment dated 13/3/2017 and would therefore dispose of the present petitions/applications in the foregoing terms, such be done within thirty (30) days’ time from today but with a caution that in case the Federal Government still persisted in not complying with our judgment we shall no more be taking a lenient view and shall pass appropriate orders against all those responsible for such non-compliance. It hardly needs any mention that since many of the above officers have retired in meanwhile, they shall naturally be considered through the above exercise for promotion in accordance with law”.

The March 13, 2017 judgment says, “It was for the forgoing reasons that we through a short order date 13.3.2017, dismissed the titled appeals/petition and would hereby direct the Establishment Division to place all those cases which were laid before the Board through the impugned exercise/process afresh after withdrawing the overriding effect of five marks for integrity/reputation etc. and removing the deviation of the focus of the Board from the service dossier to the personal knowledge of its members. The above exercise be initiated within four weeks and be concluded within ten weeks from 13.4.2017 in the meanwhile those who may have been promoted on the basis of impugned recommendations shall maintain their such elevated positions/status. However in the event the officers whose cases for promotion have been recommended to be deferred or superseded are through the proposed process recommended for promotion, they shall maintain their seniority viz a viz those who were recommended for promotion through the impugned process and may again be so recommended, so that the seniority of the presently left out officers and so also their entitlement to the consequential benefits including prospects of their future promotion is not adversely affected.”

The judgment further says, “The above recommendations of the committee as contained in the Establishment Division’s OM No 1/3/2007/CP/II dated October 24, 2007 also prescribed conditions for deferment. One such condition being an eventually where the board considers the records as incomplete, or wants to further watch the performance of the officer, or for any other reason to be recorded in writing. It also prescribed the minimum threshold of marks for promotion to various scales. Such marks prescribed for BPS-18 are 50, for BPS-19 are 60, for BPS 20 are 70 and for BPS-21 are 75. It further provided that no officer meeting the aggregate threshold shall be superseded. The OM dated 24.10.2007 also required that the officers superseded/deferred by the CSB be informed about the reason for his supersession/deferment to enable him to improve his performance and to complete his records or to make up any other deficiency as the case may be”.

It is pertinent to mention here that the previous government conducted first CSB meeting in May 2015 but superseded many senior officers on the basis of the Office Memorandum (OM) issued on the year 2014 vide which the CSB could supersede or defer any officer on its sweet will despite he/she has obtained very good ACR’s in his career. The proceedings of the CSB were challenged in the Islamabad High Court who declared the said OM as discriminatory and quashed the proceedings of the CSB and directed the Federal Government to conduct a fresh CSB and place all those cases which were considered in the said CSB meeting.

The Federal Government challenged the verdict in the Supreme court of Pakistan which upheld the judgment of the Islamabad High Court and vide its judgment dated 13/3/2017 directed the Federal Government to conduct the fresh CSB meeting to reconsider these cases after withdrawing the overriding effect of five discretion marks and removing the deviation of the focus of the Board from the service dossier to the personal knowledge of the members. The apex court also directed to extend seniority to these officers and the consequential benefits too.

After receiving this judgment a fresh CSB meeting was held in June 2017 but the direction of the apex court were not followed resultantly many of the affected officers moved contempt petitions against the secretary Establishment Division, principal secretary to PM and the chairman CSB. Finally the Supreme Court while disposing of the above petitions issued the above judgment dated October 25, 2018 in which the violation was taken very seriously and made it clear that no more lenient view will be taken in this matter and in case of further violation action will be taken against the responsible officers.

The Supreme Court in its judgment had directed the government to implement the verdict within 30 days by completing the process of promotion but the meeting of the CSB was called in first week of December 2018. Similarly, the cases of the retired officers were not placed in the meeting despite a clear direction in this regard resultantly many officers who stood retired meanwhile were deprived of promotions.