Promotion of Civil Servants on Deputation

The Supreme Court of Pakistan, in the case Chief Secretary, Government of Balochistan vs. Masood Ahmed (2024 SCMR 211), dealt with significant issues related to the promotion of civil servants on deputation, the authority of service tribunals, and the limits of judicial intervention in executive functions. This case is particularly relevant for understanding the legal boundaries within which service tribunals must operate, especially concerning policy decisions like the creation of posts for promotions.

Background:

Masood Ahmed, a BS-20 officer of the Government of Balochistan, was on deputation to the Federal Government from 01.01.2001 to 31.12.2013. During this period, the Provincial Selection Board (the “Board”) convened to consider promotions. However, Ahmed’s promotion was deferred because he was on deputation, had not rejoined his parent department, and failed to submit his Annual Confidential Reports (ACRs). As a result, a junior officer was promoted over him. Ahmed filed an appeal before the Balochistan Service Tribunal (the “Tribunal”), which agreed with the decision to defer his promotion but directed the government to grant him proforma promotion by creating a new post through the Finance Department.

The Government of Balochistan challenged the Tribunal's directive, arguing that the creation of a new post and the granting of proforma promotion were beyond the Tribunal’s jurisdiction and infringed on the executive's authority.

Key Issues:

Promotion of Deputationists: Whether a civil servant on deputation is entitled to be considered for promotion in his parent department without rejoining it and submitting the necessary performance reports.

Authority of Service Tribunals: Whether the Tribunal exceeded its jurisdiction by directing the creation of a new post and granting proforma promotion, thereby intruding into executive functions.

Judicial Intervention in Executive Functions: The limits of judicial intervention in policy decisions, particularly concerning the creation of posts and promotions in civil service.

Court’s Analysis:

Promotion of Deputationists: The Supreme Court upheld the principle that a deputationist must rejoin their parent department and submit their ACRs to be considered for promotion. The Balochistan Province Civil Servants Deputation Policy explicitly requires rejoining as a condition precedent for promotion. Since Ahmed did not meet these conditions, the Board’s decision to defer his promotion was deemed correct.

Authority of Service Tribunals: The court emphasized that under Section 5(1) of the Service Tribunals Act, 1973, the Tribunal’s powers are limited to confirming, setting aside, varying, or modifying the orders appealed against. The Tribunal’s direction to create a new post and grant proforma promotion to Ahmed was beyond its jurisdiction. The creation of posts involves policy decisions, economic considerations, and the discretion of the executive, which are outside the Tribunal’s mandate.

Judicial Intervention in Executive Functions: The court strongly discouraged the overreach of judicial bodies into the executive domain, particularly in matters requiring policy decisions. The court referenced prior case law, including PLD 2003 SC 724 and 2023 SCMR 803, to support the view that such directives from tribunals are not only beyond their legal authority but also pose a dangerous trend of judicial overreach. The court underscored that decisions regarding the creation of posts and promotions are within the prerogative of the government, based on the recommendations of the Board and the relevant service rules.

Court’s Conclusion: The Supreme Court allowed the appeal, setting aside the Tribunal’s judgment to the extent that it directed the creation of a new post and granted proforma promotion to Masood Ahmed. The court’s decision reinforces the boundaries of judicial intervention in executive matters, particularly in the context of service laws and the promotion of civil servants on deputation.

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