Civil Servants promotion case: government ready to do away with overriding effect of 5 marks, SC told

The federal government Wednesday informed the Supreme Court that it was ready to do away with overriding effect of five marks for promotion of senior civil servants in the country. A three-judge bench led by Chief Justice Anwar Zaheer Jamali resumed the hearing in response to appeals by over 100 federal and provincial bureaucrats against a verdict of Islamabad High Court.
Appearing on behalf of Secretary Establishment before the bench, Additional Attorney General for Pakistan Afnan Kundi contended that as many as 105 out of 479 promoted officers have impleaded in 10 petitions which the court held maintainable. He further said that 7 out of 15 applicants have so far been issued notices.
Kundi also submitted a report on behalf of Secretary Establishment in pursuance of the court's earlier directives, saying federal government, in order to ensure promotion of officers, on February 10, 2014 has issued office memorandum and objective assessment form allocating 15 marks to the Central Selection Board (CSB). He said that the memorandum includes five marks under the head of 'integrity/general reputation perception, and five marks were given overriding effect in that if an officer under consideration for promotion could not secure at least three out of five marks then he/she could be superseded or deferred but for reasons to be recorded in writing.
He read out the report which stated that two CSBs have since been held in 2014 and 2015 under the aforementioned criteria with specific direction to the federal government in Aftab Maneka's case to hold CSB of 2015 within a short period of 30 days in accordance with the 'criteria already set for determining the fitness or otherwise of civil servants' which included the overriding effect of 5 marks for integrity.
"It was in strict good faith compliance with the said direction of this august court that the federal government held the meeting of CSB in May, 2015 under the same criteria which now forms that subject matter of present litigation - The Federal Government (competent authority) further acted with complete bona fides while disposing of the recommendations of promotion, supersession and deferment made by the CSB held in May, 2015. In particular, beneficial order was passed by converting the supersession and longer deferments recommendation by CSB into a simple short deferment till September, 2015 entitling them to regain their seniority if promote in the next CSB," Kundi said.
Kundi said that with reference to the Supreme Court observation regarding overriding effect of five marks in the current matter the federal government is willing to do away with the overriding effect of five marks for integrity by amending the memorandum of February 10, 2016 accordingly. He apprised the bench that petitioners before the High Court, eligible for consideration for promotion, shall be considered afresh in the next CSB in light of the amended memo after doing away with the overriding effect of five marks. However, the bench asked parties of the case to submit replies in the matter and adjourned the hearing till November 17.