ISLAMABAD, Oct 3: The Supreme Court noted on Thursday a trend among civil servants seeking blessings from outside of their service hierarchy instead of claiming their recruitment or promotion on merit.

“This ultimately makes obligatory upon them to oblige the persons who favoured them in promotion to the higher rank,” observed Chief Justice Iftikhar Muhammad Chaudhry in a verdict issued on a petition moved by Punjab’s Secretary Archives Orya Maqbool Jan seeking promotion to BS-21.

The petitioner, also an anchor and columnist, said that during the last month of its tenure the PPP government had promoted officers out of turn to BS-21 on “political exigencies”. He submitted a list of 49 officers who, according to him, were illegally promoted only to oblige Dr Fazlullah Pechuho, brother-in-law of former president Asif Ali Zardari, and Mohsin Haqqani, brother of former ambassador to the US Hussain Haqqani.

In the 40-page judgment, the chief justice suggested to the government to amend civil service laws to get services of independent persons with knowledge, ability and free from any pressure for the purpose of assisting the executive in discharging its functions as well as maintaining the rule of law.

While accepting the petition, the court annulled the promotion of officers to BS-21 against 88 vacancies made in February for being unlawful and directed the government to conduct a fresh exercise of making the promotions. The promotion from BS-20 to BS-21 in available vacancies has to be made in accordance with the reserved quota in different groups such as the Pakistan Administrative Service, earlier known as District Management Group, Secretariat, etc.

“Consequently, the notification about promotion of all officers issued in pursuance of the recommendations of the Central Selection Board (CSB) from Feb 11 to 14 and 27 are, hereby, set aside,” the judgment said.

It asked the government to undertake the process of promotion of officers strictly in accordance with law and merit under Section 9 of the Civil Servants Act (CSA) 1973, read with rules 7, 7A and 8 of the Civil Servants (Appointments, Promotions and Transfers) Rules 1973 as well as the promotion policies amended up to date.

The judgment expressed concern over the lack of protection to civil servants in the 1973 constitution, unlike provisions provided in constitutions of 1956 and 1962. “As a result, this important section of the executive, responsible to make policies for the country, is not feeling as strong as it should have been with the constitutional protection to their services,” it added.

Therefore, by enforcing the existing laws, rules and regulations, the verdict said, full protection was required to be provided to the honest and dedicated members of civil service so that they could discharge their function without any fear or favour and follow the principle of honesty and transparency in the performance of their duty, instead of showing eagerness to obey unlawful and uncalled-for demands of their bosses.

Referring to the 2013 Anita Turab case in which the apex court had interpreted rules relating to the tenure of officers and immature transfers/postings, the judgment asked the government as well as the CSB to strictly adhere to the law and rules.

“If any action is taken against any of the officers denying his case for promotion, such action will be unlawful and will have no leg to stand,” it said.

Orya Maqbool Jan had requested the court to order a free and fair inquiry into the assets of civil servants in promotion zone and their families by comparing with their assets at the time when they had joined the service.

He had also sought a provision in the law to make bureaucracy free and fair from political affiliations. Besides, he said, efficiency should be linked with the level of independence an officer secured during his service.