Supreme Court on Wednesday set aside the decision of High Powered Selection Board (HPSB) led by Prime Minister Nawaz Sharif on promotion of officers from grade 21 to grade 22. A grade 21 officer of Inland Revenue Service (IRS), Raana Ahmed, filed a plea under Article 184(3) of the Constitution seeking the apex court's directives to the concerned authorities to promote her to grade 22 due to seniority and on merit in accordance with the law.
Disposing of the plea, a three-judge bench led by the Chief Justice Mian Saqib Nisar issued directives to the HPSB to reconvene its meeting and decide promotions of all concerned on merit as per seniority and record and submit a report to the Court within thirty days.
During the course of proceedings, Barrister Syed Ali Zafar contended before the bench that his client Raana Ahmed had an outstanding and unblemished service record of 34 years, adding that her seven consecutive PERs rated her as "outstanding". Barrister Zafar pleaded that Raana Ahmed was on serial number 6 in the seniority list and fully entitled to promotion to grade 22, adding that the political leadership must not be allowed to appoint their cronies against vacant slots.
Barrister Zafar further contended that arbitrariness and lack of seriousness was evident in the fact that the Federal Board of Revenue (FBR) Chairman was not even present, though he was consulted by phone, in the meeting of the HPSB, while Finance Minister Ishaq Dar and Khawaja Zaheer were in the meeting.
Chief Justice Mian Saqib Nisar questioned the capacity in which Ishaq Dar attended the meeting while And Justice Ijazul Ahsan inquired about the information that Ishaq Dar had which was not available to the chairman FBR. Chief Justice Mian Saqib Nisar observed that the exercise of powers cannot be arbitrary, capricious and whimsical, saying in fact if the persons are not promoted in accordance with seniority and record, the reasons must be objective and justiceable.
Justice Ijazul Ahsan remarked that Raana Ahmed has been discriminated against for being a woman to which Ali Zafar stated that the HPSB meeting of August 1, 2016 was convened to promote 'favourites' through giving undue favour. Barrister Zafar contended, "if good civil servants were not promoted and persons junior to them were promoted in this manner, by none other than a Committee headed by the Prime Minister of a country, then this would be an end to meritocracy in the civil service and such actions have already resulted in dejection and indiscipline in the executive branch of the government".
Raana Ahmed had made Federation of Pakistan through Secretary Establishment Division, Establishment Division through Secretary Establishment Division, FBR through Chairman, Chaudhary Safdar Hussain, Chief Commissioner, Large Taxpayers Unit, Syed Mauj Darya (Edward) Road, Lahore, Dr Muhammad Irshad, Member (IR-Operations), FBR House as respondents in the matter. Besides, she made three others pro-forma respondents including Haroon Muhammad Khan Tareen, Director General (WHT), FBR Islamabad, Seema Majid, Member (Accounting), FBR Islamabad and Muhammad Riaz, Accountant Member, Appellate Tribunal Inland Revenue, Islamabad.


















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