The government is amending Civil Servants Act 1973 to make Prime Minister sole authority for promotion from 20 and 21 grades unchallengeable in courts, official sources told Business Recorder.
They said that in some cases, where the recommendations of the Selection Board were not approved by the Prime Minister and were either modified or referred back for reconsideration by the Board, the aggrieved civil servants had filed petitions in superior courts on the plea that the appointing authority was bound to accept recommendations of the Selection Board.
In the absence of an enabling provision in the law, the Establishment Division was facing difficulties in defending such cases on behalf of Federation before the superior courts, sources said.
Rule 7 of Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, provides that promotions and transfers to posts in basic pay scales 2 to 18 and equivalent shall be made on the recommendations of the appropriate departmental promotion committee, and promotions and transfers to posts in basic pay scale 19 to 21 and equivalent shall be made on the recommendation of the Selection Board.
However, sub-section (3) of section 9 of the Civil Servants Act, 1973 lays down that promotion to posts in BPS-20 and 21 and equivalent shall be made on the recommendations of a Selection Board which shall be headed by Chairman, Federal Public Service Commission (FPSC).
In order to provide for an enabling provision, the Establishment Division had solicited the approval of Prime Minister to amend the sub-section (3) of section 9 of the Civil Servants Act, 1973 through Ministry of Law and Justice, which he cleared with the directions to the Establishment Division to place it before the Cabinet.
The current wording of the promotion policy is as under: 'Promotion to posts in basic pay scales 20 and 21 and equivalent shall be made on the recommendations of a selection board which shall be headed by the Chairman, FPSC'.
While the proposed amendments are: ' provided that where the appointing authority does not accept the recommendations of the Selection Board, it shall record reasons, therefor, and may either refer a case back to the Selection Board for reconsideration or may reject or modify the recommendations and pass orders accordingly'.