SHC suspends federal notification of increase in cadre strength of PAS officers in provinces

The Sindh High Court (SHC) has suspended the federal government’s notification with regard to the increase in the cadre strength of the Pakistan Administrative Service (PAS) from 97 to 326 posts till the next hearing.

The interim order came on a petition of Azeemur Rahim Khan Meo and others who had challenged the maintainability of the Civil Service of Pakistan (Composition and Cadre) Rules, 1954, reserving service posts in connection with the affairs of the provinces as well as the federation.

A counsel for the petitioners submitted that the Government of India Act, 1935, through its section 241 provided a mechanism for the appointment of civil servants for various civil posts within the territory of India to the extent that in the case of services of the federation, and posts in connection with the affairs of the federation, such appointment was to be made by then governor general, or such person as the latter may direct but in the case of services of provinces, such appointments were to be made through the governor or his nominee.

He submitted that the 1973 constitution also upheld the long-established distinction between the appointments made in connection with the affairs of the federation and all Pakistan service through legislation made by Parliament whereas for provinces, appointment and conditions of service in connection with the affairs of the provinces were left to be made through acts legislated by the respective provincial assemblies.

The counsel challenged the maintainability of the impugned Rules 1954 on the touchstone of Articles 240 and 242 of the constitution and submitted that the federal government had also issued a notification on March 12 by increasing the cadre strength of the PAS to the extent of Sindh from 97 to 326 posts while a similar astronomical increase had also been witnessed in respect of other provinces — Khyber-Pakhtunkhwa, Balochistan and Punjab.

The counsel submitted that there will be a serious danger of the federal government issuing appointment notifications for a large number of officers under the impugned notification in case the operation of the impugned notification was not suspended, and it would exponentially enlarge the controversy posed to the court.

The SHC observed that the contentions raised by the counsel for the petitioners merited consideration. The high court directed the federal and provincial law officers to file comments on the petition and in the meantime suspended the federal government’s notification with regard to the increase in the cadre strength of the Pakistan Administrative Service from 97 to 326 posts till the next date of hearing.