ISLAMABAD: The Islamabad High Court’s (IHC) division bench, comprising Chief Justice Aamir Farooq and Justice Inaam Amin Minhas, has suspended a single bench’s order, removing Dr Ghulam Mohammad Ali from the position of the Pakistan Agricultural Research Council (PARC) Chairman.

The bench heard the intra-court appeal filed by Dr Ghulam Mohammad Ali, challenging the earlier decision by Justice Babar Sattar, who had declared his appointment null and void.

The division bench reinstated Dr Ali and issued notices to the parties concernedfor their response.

In his appeal, Dr Ali argued that the single bench’s decision was unconstitutional and illegal.

He requested the court to suspend the earlier judgement and allow him to resume his role as PARC chairman.

The division bench, after reviewing the arguments, granted interim relief by reinstating Dr Ali until the matter is resolved.

Justice Sattar on Jan 15 invalidated the office memorandum of March 15, 2024, which formalised Dr Ali’s appointment. The single bench had directed him to relinquish his charge and ordered the government to appoint a new chairman by following legal procedures.

PARC official Dr Nisar Ahmed Cheema had challenged the appointment.

Counsel for the petitioner contended before the single member bench that advertisement regarding appointment on the post of PARC chairman was published in the newspapers on Jan 18, 2022, wherein it is categorically mentioned that post of , PARC chairman will fall under MP-I scale and tenure of the post will be two years.

He argued that the period of appointment and contract of Dr GM Ali expired on July 28 last year but in the meanwhile clarification has been issued by the Cabinet Secretariat, Establishment Division, wherein it is mentioned that since the terms and conditions of MP Scale Policy 2020 have been adopted for the post of Pakistan Agriculture Research Council chairman, therefore, the tenure of appointment of , PARC chairman may be deemed as three years in terms of para 5(3) of the MP Scale Policy, 2020.

Counsel further contended that it is well settled principle of law that conditions mentioned in the advertisement cannot be changed.

Published in Dawn, January 22nd, 2025