SC bench comprising the chief justice, Justice Chaudhry Ijaz and Justice Rabbani is hearing a petition requesting the court to declare the promotions as void.

ISLAMABAD: The Supreme Court ordered the establishment secretary on Wednesday to ascertain from Prime Minster Yousuf Raza Gilani the possibility of revisiting or furnishing justification for the recent promotion of 63 civil servants to grade 22.

“We have noted, prima facie, that there were officers holding positions in grade 21 since 2003 with excellent reports to their credit compared to juniors who have not a single ACR to their credit,” Chief Justice Iftikhar Mohammad Chaudhry observed.

A bench comprising the chief justice, Justice Chaudhry Ijaz Ahmed and Justice Ghulam Rabbani was hearing a petition requesting the court to declare the promotions as void.

On Sept 4 last year, the prime minister had reshuffled almost the entire upper echelons of bureaucracy, replacing over a dozen federal secretaries and announcing changes in other ministries by promoting a number of civil servants to grade 22.

Establishment Secretary Ismail Qureshi told the court that promotions to grade 22 were made at the discretion of the prime minister and the relevant record, including annual confidential reports, grade books, posting record and performance reports had been sent to him.

However, the court asked him to seek instructions regarding the promotion mechanism.

It observed that the establishment division must have submitted complete data recommending the officers for promotion because the prime minister was a busy man and he did not necessarily know every detail.

“There must be some good reason for a promotion,” the chief justice observed.

He said the court would not question any individual case but the establishment division must have presented a complete picture to the prime minister.

“We also know you are a professional and have no grudge against anyone,” the court observed.

The secretary said he had no authority on such matters and it was the discretion of the prime minister.

Emphasising the need for transparency, the chief justice cited the example of Syed Tanveer Abbas Jaffery who had not been promoted despite having served in BPS-21 since 2003, while officers junior to him were promoted. “All eligible should be given due consideration.”

Advocate Abdul Hafeez Pirzada, representing the federation, argued that the secretary had no authority to select officers for promotions. He requested the court to give the official time to seek instructions from the prime minister.

Advocate Akram Sheikh, counsel for the aggrieved officers, contended that the prime minister had no discretion other than merit for promotion of officers.

He said promotions in the case had been given on the basis of ‘pick and choose’ from which even some retired officers had benefited.

Meanwhile, the Supreme Court ignored a request by Attorney General Anwer Mansoor seeking a restraint order against the media from discussing judicial decisions.

“We cannot amend the Constitution and ban the media from performing its duty,” the court observed.