A three-member bench of the Supreme Court (SC) on Thursday directed the federation to produce until November 14 details of treaties between it and provinces over the transfer of civil servants. The bench headed by Justice Mian Shakirullah Jan also issued notices to the attorney general of Pakistan.
The court was hearing pleas filed by Provincial Civil Service (PCS) officers who contended that the appointment of 710 federal civil servants of the district management group (DMG) in provinces was a major hurdle in their promotions. Four officials from Punjab and one each from other three provinces had filed petitions against the appointment of DMG officials in the provinces. Abid Hasan Monto, counsel for PCS officers, argued that the federation had the authority to make rules about the transfer of civil servants to the provinces, however it could not make rules to interfere in the affairs of the provinces. He argued that the rules made for the appointment of DMG officers were the main hurdle for PCS officers to get promotions. The petitions challenged the legality of posting DMG officers in the provinces by arguing that they belonged to the federal service, and therefore were not eligible to be posted in the provinces and districts.
In the previous hearing, the Establishment Division secretary had rejected the contentions of PCS officers over a seat-sharing formula between the PCS and the All Pakistan Unified Grades (APUG), including the DMG. The petition is based on the premise that federal officers could only be posted in the provinces under an agreement between the provinces and the federation as envisaged in the Civil Service of Pakistan (Composition & Cadre) Rules 1954. According to the rules, provinces surrender specific posts for an All-Pakistan Service, which is constituted of officers from the DMG and the PCS. However, in violation of the rules, no such service had been constituted and federal officers were being posted in the provinces without any legal justification. The PCS officers further said the DMG officers had occupied all important posts in the provinces, and had completely marginalised the PCS.
SC rejects Awan’s plea:
The Supreme Court on Thursday rejected an application by Babar Awan against Punjab Law Minister Rana Sanaullah’s statement that declared the former law minister liable to be killed. The court disposed of the application with the observation that if Awan felt aggrieved, he might approach the competent forum or authority concerned.
Justice Ghulam Rabbani, who retired on October 19, gave the verdict after hearing the application of Babar Awan against Rana Sanaullah in his chamber. “In my view, the reply furnished by Rana Sanauallah, to which no rejoinder has been filed, and after hearing Punjab additional advocate general, there appears to be no convincing reason to proceed further on this petition,” he held in the judgment. The Punjab additional advocate general had assured the apex court that there was no danger to the life and liberty of the petitioner from Rana Sanaullah or the Punjab government and that the petitioner would have full protection, which even otherwise was the fundamental right of a citizen in accordance with provisions of the constitution.
Earlier, Sanaullah, in his five-page reply, denied his statement and stated that he had already given a clarification regarding the matter in a session of the Punjab Assembly, adding that Leader of the Opposition in Punjab Assembly Raja Riaz had accepted his clarification. He also said it was wrong to say that he had threatened to kill the former law minister. Babar Awan had on June 20, moved an application in the SC against Sanaullah saying “his life was in danger”. He prayed to the chief justice of Pakistan to form a judicial commission to examine the records and witnesses pertaining to the statement of Sanaullah and protect his (applicant’s) rights under Articles 4 and 9.
