"Prima facie we have noted that there were officers holding positions in Grade 21 since 2003 with excellent reports to their credit as compared to those promoted who were only junior but also did not have a single ACR to their credit", remarked Chief Justice Iftikhar Muhammad Chaudhry.
In September 2009, Prime Minister Yousaf Raza Gilani reshuffled almost the entire top bureaucratic brass, replacing over a dozen federal Secretaries and announcing changes in several other ministries by promoting over 60 civil servants to Grade 22.
A three-member bench of the apex court comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Chaudhry Ijaz Ahmed and Justice Ghulam Rabbani directed Establishment Secretary to seek instructions in this regard from the Prime Minister, and inform the court on January 26.
The court questioned Establishment Secretary Ismail Qureshi regarding the promotions mechanism, adding that "the PM does not know everything, and you must have submitted data recommending the officers for promotion". Qureshi said that relevant record, including ACRs, Grade Book, posting record and performance reports, etc, are sent to the Prime Minister. However, it is the discretion of the PM to promote someone.
"There must be some good reason for a promotion. We will not question any individual case, but you should have presented a complete picture to the PM. We know you are a professional and have no grudge against anyone", observed the CJ while addressing the Secretary.
"I have no powers in this regard and it is the discretion of the PM", Qureshi responded. Citing example of Syed Tanveer Abbas Jaffery, who was in BPS-21 since 2003 but was not promoted, while officers in Grade 21 in 2004-05 were promoted, the Chief Justice emphasised the need for transparency in the promotion process, adding that all eligible people should be given due consideration.
The Secretary, at the request of the court, said that there were 250 officers in Grade 21. "Why were only 63 officers among 250 picked for promotion?" questioned the Chief Justice. Advocate Abdul Hafeez Pirzada, counsel for the Federation, stated that the Secretary had no authority to select officers for promotions, and requested the court to allow some time for seeking instructions from the PM in this regard.
Advocate Akram Sheikh, counsel for the aggrieved officers, contended that the Prime Minister had no discretion, except merit, for promotion of officers. He said that promotions have been given on the basis of 'pick and choose' and even some retired officers have benefited.
Meanwhile, Attorney General Anwer Mansoor Khan appeared before the court and requested a restraining order on the media from discussing judicial decisions. Rejecting the demand, the bench observed that it could not amend the constitution, and ban media from performing its duty.
On September 29, the SC was moved against the promotions of 51 bureaucrats to Grade 22, saying that these promotions were on 'pick and choose' basis, defined as favouritism. The petitioner contended that junior officers had been promoted, ignoring seniors, and discrimination had been caused which is against the Constitution as well as the Islamic principles.