BY: M. Ilyas
ISLAMABAD – The Islamabad High Court has delivered a significant judgment regarding the appointments of officers in the Protectorate of Emigrants. The case, filed by Safdar Mahmood and other petitioners, challenged the 2012 notification that permanently appointed three officers from the Bureau of Emigration and Overseas Employment to Grade 18 as Deputy Directors. The petitioners contended that these appointments were illegal, as they were neither made through the Federal Public Service Commission nor in accordance with the rules and regulations under the Civil Servants Act of 1973. During the hearing, the petitioners argued that all government appointments above Grade 16 must be made through the FPSC. However, in this case, the officers were appointed without any public advertisement, examination, or interview. The petitioners claimed that this bypassed the principles of merit and transparency. The court, referring to Article 242 of the Constitution, reiterated that appointments in Pakistan’s civil services must be conducted through the Public Service Commission to ensure transparency and merit. It annulled the earlier decision of a single judge, dated November 10, 2015, and referred the matter to the FPSC for a fresh review of the officers’ qualifications. In its decision, the court directed the FPSC to review the qualifications of the officers in question. If they meet the criteria, they will be permanently appointed. The Ministry of Overseas Pakistanis and Human Resource Development was instructed to take further action based on the FPSC’s recommendations. On September 13, 2024, a distinguished bench of the Supreme Court of Pakistan issued a historic ruling, declaring all appointments from Grade 16 to Grade 20 made on the recommendations of the Cabinet Sub-Committee to be illegal. The court stated that these employees’ services would be rendered void from the outset. Furthermore, the court clarified that the Cabinet Sub-Committee had no legal authority to recommend permanent appointments for positions above Grade 16. This ruling raises concerns about the future of approximately 50,000 employees, many of whom were permanently appointed in Khyber Pakhtunkhwa over the past decade. These appointments, now deemed illegal, will be re-evaluated, and their employment could be terminated. This landmark ruling is expected to promote transparency and merit in government employment, while taking strict action against illegal appointments. The court emphasized that it is the judiciary’s responsibility to protect rights established by law and to prevent individuals from benefiting from rights acquired through illegal means. This decision represents a crucial step in ensuring the rule of law and merit-based recruitment in Pakistan’s public sector, highlighting the judiciary’s commitment to upholding transparency and justice in the appointment process.A question will raise that What will be the fate of almost round about 50000 employees who are regularized in KP in the past 10 years after recent judgment of Honorable Suprem Court.
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