KARACHI, July 6: A division bench of the Sindh High Court has stayed the operation of the impugned order of the Federal Public Service Commission whereby exams for promotion to BPS-19 were to commence on July 8.
The bench comprised Justice Sabihuddin ahmed and Justice Zia Pervez.
It passed the order in chambers on Saturday after counsel for the plaintiff, Akhtar Hussain, submitted a judgment of the Lahore High Court, Rawalpindi bench, whereby a petition calling in question the impugned order had been admitted and direction was given to place the matter before a division bench because it was a matter of public importance. At the same time, effect of the impugned order was suspended.
Akhtar Hussain, representing plaintiffs had on Friday pleaded for staying the impugned order, claiming that the FPSC had no jurisdiction to conduct the promotion examinations.
It was their case that the examination was illegal and mala fide as it had penal consequence for those who do not fulfil the arbitrary standards set by the respondents. They had also taken the position that respondent No. 1 cannot super-impose the requirement of promotional examination as a pre- condition for promotion and particularly through delegated legislation. This was contrary to Section 9 of the Civil Servants Act, 1973.
It was also contended by them that respondent No. 1 had no lawful authority to alter the terms and conditions of service of the civil servants with retrospective effect.
The court, which had earlier admitted the petition for hearing, has fixed the matter for hearing on Aug 10 and stayed the operation of the impugned order until the next date of hearing.
When the matter came up, Syed Tariq Ali Standing Federal Counsel, sought time for obtaining instructions for filing comments.
The petitioners, who were qualified public servants, had joined the service of the respondent government after duly qualifying the CSS examination prescribed and conducted by the FPSC.
It was their case that respondent No. 1 failed to consider their case for promotion to BPS-19 despite the fact that they had completed the qualifying service of seven years long ago. On the contrary, a number of other officers who belonged to the batch / group of the petitioners were already promoted to BPS 19.
The petitioners were suddenly informed through a public notice (dated Feb 10), published in the newspapers by the respondent No. 2 that it would hold promotional examination for officers of all occupational groups holding BPS-18 posts for promotion in BPS-19 with effect from April 29. Subsequently this was deferred to July 8. All civil servants holding posts in BPS- 18 on a regular basis were required to appear in the promotional examination within seven years of the date of their regular appointment to a post in BPS-18.
It was their contention that the examination was even otherwise patently arbitrary as it extended to issues which were totally underrated insofar as the present functions / duties of the officers were concerned.
It is their case that Section 7 of the Federation Public Service Commission Ordinance, 1977, provided that the function of the Respondent No. 2 shall be to conduct test and examination for recruitment. The explanation to Section 7 provided that recruitment shall mean initial appointment otherwise then by promotion or transfer. Thus, it was abundantly clear that the Respondent No. 2 had no lawful authority or jurisdiction to conduct promotional examination.
It was their contention that the respondents’ action amounted to variation of the terms and conditions of service of the petitioners in violation of the Section 3(2) of the Civil Servants Act, 1973.