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This case was decided by the Supreme Court of Pakistan and involved civil servants in Basic Scale-21 who challenged the promotions of certain colleagues to Basic Scale-22, arguing the process was unfair and arbitrary.
The petitioners pointed out that under Rule 15(2) of the Rules of Business, 1973, any case for the Prime Minister's decision on such promotions was required to be submitted through a self-contained, concise and objective summary covering the relevant facts. However, it emerged that for roughly 60 years, this rule had simply not been followed. Instead, files were sent to the Prime Minister without proper summaries, and only the files of some officers were forwarded, while others equally or more deserving were left out without any recorded justification.
The Supreme Court held that this practice violated the law and denied fairness and transparency to officers who were sidelined without their merit being considered. While civil servants have no absolute right to promotion, the Court held they do have a genuine right, under the Civil Servants Act, 1973, to have their case properly considered based on merit and service record.
The Court set aside the promotion notifications, declared them legally ineffective, and directed the government to reconsider all eligible officers afresh, fairly and transparently. It also recommended reviving proper rules for such decisions. This case matters because it reinforces that government promotions must follow due process and cannot be based on arbitrary or selective treatment.
یہ مقدمہ سپریم کورٹ آف پاکستان نے طے کیا جس میں بیسک اسکیل 21 کے سرکاری ملازمین نے اپنے بعض ساتھیوں کی بیسک اسکیل 22 میں ترقیوں کو چیلنج کیا اور یہ مؤقف اختیار کیا کہ یہ عمل غیر منصفانہ اور من مانا تھا۔
درخواست گزاروں نے نشاندہی کی کہ رولز آف بزنس 1973 کے رول 15(2) کے تحت ایسی ترقیوں سے متعلق کوئی بھی معاملہ وزیراعظم کے فیصلے کے لیے پیش کرتے وقت اسے ایک خود کفیل، جامع اور معروضی خلاصے کی صورت میں پیش کیا جانا لازمی تھا جو متعلقہ حقائق پر مشتمل ہو۔ تاہم یہ بات سامنے آئی کہ تقریباً 60 برس سے اس رول پر عمل ہی نہیں کیا جا رہا تھا۔ اس کے برعکس، فائلیں بغیر مناسب خلاصے کے وزیراعظم کو بھیجی جاتی رہیں، اور صرف چند افسران کی فائلیں آگے بھجوائی گئیں جبکہ ان جیسے یا ان سے زیادہ اہل افسران کو بغیر کسی تحریری جواز کے نظرانداز کر دیا گیا۔
سپریم کورٹ نے قرار دیا کہ یہ طرزِ عمل قانون کی خلاف ورزی ہے اور ان افسران کے سا
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Citation Name : 2011 PLC 1130 SUPREME-COURT Side Appellant : TARIQ AZIZ-UD-DIN Side Opponent : S. 9---Rules of Business, 1973, Rule. 15 (2) ---Constitution of Pakistan Art.184(3)---Human rights---Promotion from Basic Scale-21 to 22---Arbitrary procedure---Exercise of discretion by competent authority---Principle of transparency---Summary to Prime Minister----Procedure---Petitioners were civil servants working under Basic Scale-21 and were aggrieved of promotions of respondents from Basic Scale-21 to 22---Validity---It was mandatory under R.15(2) of Rules of Business, 1973, that a case should be submitted to Prime Minister for his orders based on self contained, concise and objective summary stating relevant facts or points for decision prepared on the same lines as those prescribed in the rules for summary of Establishment etc.---Secretary Establishment pointed out to Supreme Court that there was no practice prevailing for the last about 60 years for forwarding cases of promotion from Basic Scale-21 to 22 and subject to availability of vacancies, Prime Minister could call for the files for promoting officers and notification was issued of his/their promotion on receipt of directions from Prime Minister by Establishment Division, such past practice was followed in the promotion of respondents i.e. mandate of relevant rules was ignored---There was admitted non-adherence to Rules of Business, 1973, and Secretary Establishment sent files without any forwarding letter and cases of all officers totalling 267 were not sent in terms of R.15(2) of Rules of Business, 1973---Due weight was required to be given to Rules of Business, 1973, which had constitutional sanction, whereas while promoting respondents, mandate of law was uncondonably violated---Adopting such arbitrary procedure, not only injustice had been caused to officers who were otherwise senior and also had better case on merits but they had been deprived because there was nothing in black and white before competent authority---Such fact had brought case of petitioners in the area where discretion so exercised by competent authority could not be said to be in consonance with well known principle of fair play as cases of those officers who were not promoted their files were not before him, along with self-contained note by Secretary Establishment in terns of R. 15(2) of Rules of Business, 1973---To ensure justice and openness in view of rule of law, it was obligatory upon the competent authority to decide each case on merit taking into consideration the service record of the officers in Basic Scale-21 who were eligible for promotion to Basic Scale-22---Such aspect of the matter required application of mind based on consideration and determination of merit in the light of material explicitly showing as to why officers who had been left out were not found to be competent / below in merit in comparison to those promoted to Basic Scale-22---Such consideration of case and determination of merit for parity of treatment had become all the more necessary and in absence of considering candidature of left out officers, it would alone be tantamount to pick and choose and there was no transparency in exercise of discretion by competent authority---Manner in which promotions in civil service had been made, might tend to adversely affect existence of such organ---Honesty, efficiency and incorruptibility were sterling qualities in all fields of life including Administration of Services and such criteria ought to have been followed---Respondents were promoted in complete disregard of the law causing anger, anguish, acrimony, dissatisfaction and diffidence in ranks of services which was likely to destroy service structure---Although petitioners had no right to be promoted yet in accordance with S. 9 of Civil Servants Act, 1973, they were, at least, entitled to be considered for promotion---Right contemplated under S.9 of Civil Servants Act, 1973, was neither illusionary nor a perfunctory ritual and withholding of promotion of an officer was a major penally in accordance with Civil Servants (Efficiency and Discipline) Rules, 1973, therefore, consideration of an officer for promotion was to be based not only on relevant law and rules but also to be based on some tangible material relating to merit and eligibility which could be lawfully taken note of---Supreme Court set aside notifications of promotion of respondents and declared those of no legal. Consequences---Supreme Court directed "competent authority to consider cases of, all officers holding posts in Basic Scale-21 afresh in view of the observations made by Supreme Court---Respondents were not entitled for benefits, perks and privileges--Supreme Court recommended to ensure fairness, justness and the rules rescinded on 4-4-1998 to be re-enacted---Petition was allowed.