The bench directed Establishment Division to serve notices on all the promoted officers so that they could, if desire, submit their standpoint before the court within seven days. The bench noted that despite Court's order to ensuring serving notices on the promoted officers, Establishment Division failed to act, however, it was directed to ensure that the notices be served today (Friday).
Chief Justice Iftikhar Muhammad Chaudhry wondered, "how could system work if these people, who are backbone of the system, were appointed on personal liking and disliking." A three-member bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Chaudhry Ijaz Ahmed and Justice Ghulam Rabbni concluded the hearing of the case and reserved the judgement.
In September 2009, Prime Minister Yousaf Raza Gilani had reshuffled almost the entire top bureaucracy, replacing over a dozen federal secretaries and announcing changes in several other ministries by promoting 54 civil servants to grade-22.
Earlier in the day, Attorney General for Pakistan Anwar Mansoor Khan concluded his arguments. The AG referred to Section 9 (3) of the Civil Servant Act, and said promotion in BPS-20 was done on the recommendation of Selection Board. The promotion in BPS-22 is discretion of the Prime Minister.
It is the PM who takes final decision of grade-22 promotions and the issue of seniority was secondary. He contended that promotion and Transfer Rules were also silent on BPS-22 matter. Earlier, Abdul Hafeez Pirzada, counsel for the federation had informed the court that the caretaker government of Moeen Qureshi had devised some rules for promotions on October 23, 1993. Later on, these rules were undone on April 4, 1998 through a simple notification by the elected government. Till date no one had lodged the grudge/complaint against it, he added.
Ikram Chaudhry, counsel for Mohammad Hafeez, an aggrieved officer, cited judicial verdict from the US and said whether king was the law or the law was the king, comparing it with the current promotions made by the PM. On last hearing, the court had shunned the impression of meddling into affairs of other institutions and expressed the determination to protect the democratic system of the country.
"Every institution must act in its own sphere," observed Chief Justice Iftikhar Muhammad Chaudhry while responding to the argument of federation's counsel that the court had nothing to do with the promotions, as it was a job of the executive.