Islamabad High Court issued notice to the Establishment Division to file a report within one month on new rules framed by Pakistan Tehreek-e-Insaf (PTI) government for promotion of BS-18 to BS-20 officers.
Attorney General for Pakistan was also issued a notice under Section 27-A of Code of Civil Procedure (CPC) as the vires of federal statute have been challenged in the petition.
Sikandar Hayat Mekan, a former bureaucrat, filed a writ petition in the IHC assailing the vires of Civil Servants Promotion (BPS-18 to BPS-21) Rules, 2019, which the PTI government made in December last year in exercise of the power under Section 25(1) of the Civil Servants Act, 1973.
The court was informed that 2019 Rules, particularly Rule 18 read with Schedule-IV, are in stark contrast to the guidelines laid down by the Supreme Court in the judgment 2017 SCMR 907 and 2017 PLC (CS) 907. He contended that the said rules provide for a breakdown for 30 marks, which are to be given by the Central Selection Board (CSB) to an officer under consideration for promotion. The said marks are discretionary in nature and are already catered for in the Performance Evaluation Reports and the Training Evaluation Reports.
The PTI government on December 3, 2019 enacted these rules that allowed 30 discretionary marks to CSB members apparently to lift the position of favourite candidates.
The petitioner claimed that "almost all the gazetted officers of the government of Pakistan whose promotions are due in BS-18, BS-19, BS-20 and BS-21 are aggrieved by the impugned rules as through these rules vast unbridled powers are conferred upon the CSB and the department selection board (DSB) regarding promotions of the said gazetted officers of the government of Pakistan from BS-18 to BS-21 on the basis of a vague and ambiguous evaluation structure."
The petition said that through the recent rules, the government "has also reduced the marks on the basis of the quantification of the Personal Evaluation Reports of the officers concerned from 70 marks to 40 marks and enhanced the evaluation marks by the CSB and DSB from 15 to 30."
It said that "the rules confer even more unchecked discretion upon the CSB and DSB."
The petition went on to say that "rules are not in accordance with the principle of due process of law and are violative of the fundamental rights of the officers." The petitioner contended that these rules changed the ratio of 100 marks as contrary to the earlier practice, where the CSB had 15 percent marks, the Rules of 2019 doubled the power of the CSB by keeping 30 percent marks on the discretion of the board.
Earlier, passing marks for a candidate were 75 for the Pakistan Administrative Service (PAS) and 72 for the rest of cadres. These could be obtained through outstanding performance and successful completion of professional courses in the National Defence University (NDU) and administrative college.
There were 50 marks for Annual Confidential Reports (ACRs) and 35 for professional courses. If a candidate secured 80 percent marks, there were chances of his promotion even if the CSB did not give him any mark. However, under the recently notified Rules, an officer despite getting 90 percent marks of ACRs and courses could not be promoted without obtaining 70 to 80 percent marks from the CSB. The division of marks is 40 marks for ACRs, 30 for courses and 30 for the CSB.
The Rules set the minimum threshold of 60 marks for promotion to BS-18, 65 for BS-19, 70 for BS-20 and 75 for BS-21.
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