According to the writ petition, in pursuance of Administrative Reforms of 1973, Trade Service of Pakistan was converted into C&TG in 1973. The aim of creating a separate occupational group was to develop a cadre of specialised career officers who could meet the growing complexities that Pakistan was to face in its trade relations with foreign countries.
Following C&TG's becoming fully operational, Ministry of Commerce then with a view to formally determining the cadre strength of C&TG moved Summary No 3(9)/92-A, whereby details of cadre posts of C&TG were prescribed. As per the summary, all posts of trade offices abroad were prescribed as cadre posts of C&TG, however the Establishment Division, recommended that out of 42 posts in trade missions abroad, 21 posts (ie 50 %) be allocated to C&TG and the remaining 21 posts are to be made available to other Occupational Groups. Following this, Prime Minister of Pakistan ie the competent authority, formally approved the recommendations of Establishment Division and cadre strength of C&TG was notified vide a notification dated 03.10.1994.
The petition says that as per the said notification, 21 out of 42 posts of Trade Officers abroad were formally determined as Cadre Posts of C&TG, where only eligible/qualified officers of the same group could be posted/selected. In 2013, the cadre strength of Commerce and Trade Group was revised, through a Notification of June 20, 2013 and the total number of cadre posts of trade offices abroad was enhanced upto 31.
Government of Pakistan through Establishment Division's office's memorandum of February 16, 2016 issued policy guidelines for foreign appointments and postings in Pakistan Missions and against Pakistan's seats in International Organisations, bodies, etc. Clause "i" of the said policy guidelines specifically defined "foreign posting" whereby cadre posts of any service, cadre or occupational group was specifically excluded from the application of the said policy.
In respect of other foreign postings, the policy guidelines provided specific procedure of appointment/postings, whereby as per clause "iv", all remaining foreign posts are required to be filled through circulation amongst the officers of the identified services, cadres and occupational groups.
The C&T Group maintained that complete policy guidelines of February 16, 2016 reveal that in the whole selection process which started with the impugned advertisement, the said policy guidelines were utterly disregarded by bringing C&TG into the ambit of this selection process and by inviting applications from the candidates belonging to both public and private sector in complete violation of clause (i) and (iv) of the said policy guidelines. Since Ministry of Commerce, in violation of the said policy guidelines, has published the advertisement for selection of trade officers abroad, the impugned advertisement, is, therefore, coram non judice and cannot sustain in the eyes of law, hence the writ petition on the following grounds amongst others:
The petitioners argue that presently 56 trade officers in 39 countries under the administrative control of Ministry of Commerce are working. Out of the same, only 15 officers belong to C&TG, which is a gross violation of already determined 50% quota of the petitioners' cadre.
The Ministry of Commerce is under an obligation to firstly exhaust the quota of departmental candidates against cadre posts of trade offices abroad through a separate selection process, which is exclusively meant for only officers of C&TG. Only thereafter, the process against the remaining 50% posts of trade offices abroad could be initiated.
It has also been argued that the impugned advertisement usurping the petitioners' 50% cadre posts quota is illegal and unlawful, hence liable to be struck down.
It further states that since as per the above mentioned policy guidelines dated 16.02.2016, the remaining 50% posts of Trade Offices abroad could only be filled amongst the officers of the identified services, cadres and occupational groups, therefore, the impugned advertisement inviting applications from public and private sector is illegal, unlawful and violative of the policy, hence the same cannot hold the field.
As per the policy guidelines, the remaining 50% posts are also required to be filled through circulation amongst the identified and properly qualified officers of occupational groups and as such publication of advertisement is illegal and Commerce Ministry and Establishment be directed to observe 50 per cent quota of trade officers abroad by selecting/ posting suitable officer of C&T Group through a separate selection proves. It has also been prayed that the remaining 50 per cent posts of trade officers abroad be selected/ posted in pursuance of policy guidelines of February 16, 2016.
Copyright Business Recorder, 2017