0
• Islamabad High Court rules govt exceeded its mandate in creating new post, advertised job before required legislation was enacted
• Directs govt to ensure fairness in appointments
• Retired Maj Gen Hafeezur Rehman challenges decision through intra-court appeal
ISLAMABAD: The Islamabad High Court (IHC) on Tuesday declared the creation of the post of member (administration) in the Pakistan Telecommunication Authority (PTA) and the subsequent appointment of retired Maj Gen Hafeezur Rehman as PTA chairman “unconstitutional, illegal and void ab initio”.
The decision, however, was challenged by the PTA chairman hours after it was announced.
In a detailed judgement, authored by Justice Babar Sattar on writ petition (No. 1561 of 2023), the court ruled that the federal government had exceeded its mandate under the Pakistan Telecommunication (Re-Organisation) Act, 1996 by creating the post of member (administration) without the necessary amendments to the law.
The judgement pointed out that the advertisement for the post, issued on March 28, 2023, had been published at a time when no such position legally existed. Later, amendments to the PTA Appointment Rules in May 2023 were deemed insufficient to regularise the appointment process.
Justice Sattar observed that the recruitment process “suffered from malice in law” and appeared to have been tailored to accommodate a specific individual. The prescription of a higher age limit of 61 years for the post, compared with 57 years for other members, was cited as further proof of mala fide intent.
Appointment ‘unsustainable’
The court further held that the appointment of the retired army officer as PTA chairman, without a transparent and objective selection process, was “illegal, irrational and unsustainable in the eyes of law”.
As a result, the IHC ordered that the post of member (administration) shall be deemed not to exist. It further directed that retired Maj-Gen Hafeezur Rehman immediately cease to hold the positions of member (administration) and chairman of the PTA.
According to the order, the senior-most serving member of the PTA shall assume charge as acting chairman until a regular appointment is made.
The court also instructed the government to amend the PTA Appointment Rules to clearly specify the qualifications, criteria and process for appointing a chairman, in line with established precedents. The judgement emphasised that public appointments must comply with principles of transparency, fairness and legality, warning that “any edifice built on an illegal foundation must crumble.”
A copy of the judgement has been forwarded to the cabinet division and to PTA members for immediate compliance.
The case had been pending before Justice Sattar since 2023, with the judgement reserved on Aug 20, just four days after the IHC administration notified a special division bench of Justice Sattar and Justice Sardar Ejaz Ishaq Khan to hear tax references exclusively.
According to the notification, both judges were confined to the division bench and could not preside over single-bench hearings. Since the notification became effective on Sept 1, Justice Sattar concluded the hearing on Aug 20 and announced the judgement on Sept 16. However, no formal cause list had been issued before the pronouncement.
Appeal by PTA chairman
Subsequently, the decision was challenged through an intra-court appeal. The appellant, the chairman of PTA, stated that he had first been appointed as member (administration) on 24 May 2023 and was elevated to the position of chairman the very next day.
The appeal emphasised that retired Maj Gen Rehman has been discharging his duties in accordance with the applicable rules and regulations. It further asserts that the appeal has been filed to legally justify both his appointment and his tenure as chairman.
The appellant has also requested that the court fix the matter for urgent hearing, contending that the removal order has created administrative uncertainty within the authority and disrupted its functioning.
An IHC division bench is expected to hear the petition within the next couple of days.
Published in Dawn, September 17th, 2025
