SC reserves verdict

ISLAMABAD The Supreme Court on Friday reserved the judgement in the out of turn promotion case, directing Secretary Establishment Division to serve notices on all those civil servants who have been promoted to BPS-22 for recording their viewpoints in written form.
A three-member bench of the Supreme Court headed by Chief Justice Iftikhar Chaudhry heard the petitions challenging promotions of 54 bureaucrats from BPS-21 to BPS-22. The bench consisting Justice Ghulam Rabbani and Justice Chaudhry Ijaz Ahmed asked Secretary Establishment Division Ismail Qureshi to inform the promoted officers soon so that the apex court can give its judgement as early as possible by considering the viewpoints of both sides. On Friday, Attorney General Anwar Mansoor Khan continued arguments regarding eligibility of the officers. He argued that all officers of grade 21 were equally eligible for the promotion. The Prime Minister has the right to promote any officer through his arbitrary power, he added.
The Chief Justice remarked that arbitrary powers should be used in public interest instead of government. Bureaucrats are the responsible persons because they have to run the whole system, he further said.
The Chief Justice observed that promotion without merit is not a healthy sign for a state though they may favour the Government. The eligibility of the candidates was clearly not considered in these cases, he said.
On this point, the Attorney General replied that the apex court has the authority to review any administrative decision. However, he said certain promotions were made in public interests.
Citing judicial verdicts, he stressed that promotions were not bound by seniority and junior issues but it was the confidence of the competent authority in a promoted officer. The Prime Minister took every aspect into consideration in the promotions of these officers, he added.
The lawyer of M Hafeez, Ambassador of Pakistan to Algeria, Ikram Chaudhry in his arguments said, King law rules in the absence of democracy and law whereas law is the king in democracy. He said the authority exercised by the Prime Minister Syed Yousuf Raza Gilani in connection with the promotion of officers has proved that King law exists here.
Counsel of Khurshid Anwar of District Management Group, Afnan Karim Kundi said that there is no rule or scale to judge seniority, most of the people already have an acting charge of the same grade and they are senior bureaucrats but have not been promoted.
Aslam Khaki Advocate also submitted his arguments in written form in favour of his clients before the apex court.
Earlier, the court asked counsel for the Federation Abdul Hafeez Pirzada to submit his written arguments in favour of his clients as he wished to do so.
Finally, the court reserved the decision when the learned counsels concluded their arguments and said promoted officers could present their views within seven days through Establishment Division.