Supreme Court of Pakistan declaring the promotion of 54 bureaucrats made by the Prime Minister Yousaf Raza Gilani as null and void has ordered the PM to again make the appointments based on merit this time.
On Wednesday three-member Supreme Court bench headed by Chief Justice Iftikhar Muhammad Chaudhry heard the case of promotion of 54 bureaucrats.
After the end of hearing Justice Ch Ijaz who is retiring on May 4 announcing the verdict said that the promotions made by Prime Minister on Sept 4 2009 of 54 federal secretaries from grade 21 to 22 is a violation of Articles 4 and 25 of the constitution and merit was ignored.
The apex bench said that under the 1973 constitution the promotions should be made according to the law and their track record should be kept in mind. He said that under article 4 of the constitution every person has to abide by the law and no law or merit was observed while making these promotions. Hence the notification of promotions made by the PM is incorrect.
The court declared the promotions of 54 bureaucrats made by the PM as null and void and ordered the PM to again make the appointments based on merit.
On September 4, 2009, Prime Minister Gilani using his discretionary powers had ordered the reshuffling of 54 officials superseding the positions of 173 officers awaiting promotions.
The promoted federal secretaries include the PM’s Principal Secretary Nargis Sethi, former Chief Secretary Punjab Javed Mehmood, Secretary Election Commission Ishtiaq Ahmed, Secretary Narcotics Tariq Khosa, Secretary Petroleum Kamran Lashari, Home Secretary Qamar Zaman Chaudhry, Chairman CDA Imtiaz Inayat, Khyber Pakhtoonkhaw’s Chief Secretary Javed Iqbal, Secretary Ombudsman Sami Saeed, Chairman FBR Sohail Ahmed and Inspector General of the Punjab Police, Tariq Saleem Dogar.
With these out of step promotions the seniority list of 173 officers was affected out of which 41 were from DMG group, 39 audit and accounts, 18 foreign services, 10 income tax and 3 from Information group.
In this regard Tariq Azizuddin who is Pakistan’s ambassador to Turkey had written a letter to the Chief Justice of Pakistan in which he had objected to the promotions of bureaucrats made by sidelining the seniority list.
After the promotions of these federal secretaries from Grade 21 to 22, nearly 60 officers awaiting promotions approached the Supreme Court in this regard. They had pleaded that injustice had been done to them by promoting the other 54 bureaucrats
On January 29, a three-member Supreme Court bench headed by Chief Justice Iftikhar Muhammad Chaudhry reserved the judgment of the case