KARACHI: The Islamabad High Court Single Bench has passed an order and dismissed all the promotions notified in the civil bureaucracy for being in violation of the rules. IHC has also directed to devise the promotion formula afresh.
This order of the Islamabad High Court has adversely impacted the entire schedule of transfers and posting in the civil bureaucracy.
However, Establishment Division has planned to challenge the order of IHC . The basis of this appeal is Article 212 of the Constitution, which barred high courts from dealing matters related to the terms and conditions of civil servants.
Section 3(2) of the Service Tribunal Act, 1973 provides that the matters relating to the terms and conditions of service of the civil servants fall within the exclusive jurisdiction of the Service Tribunal.
The Federal Services Tribunal has this jurisdiction. The judgments of Federal Services Tribunal can only be challenged before the Supreme Court.
It may be mentioned here that Inland Revenue Officer Aijaz Shah (Grade-21), Sardar Zulfiqar of Pakistan Customs, Umer Mehdi of Customs and others had filed the petition in the Islamabad high Court challenging the promotions notified earlier this year.
Establishment Division will seek stay against the order of Islamabad High Court and afterwards the transfers and postings will be notified.
Justice Shaukat Aziz Siddiqui in its judgment noted that the promotions of officers could not be stayed just on the basis of allegations.
The petitioners submitted that senior officers were ignored and juniors were promoted and prayed to dismiss the promotions.