Promotion of officers in FBR: IHC halts high-powered selection board from holding moot

ISLAMABAD: The Islamabad High Court (IHC) on Wednesday halted the high-powered selection board from holding its meeting for promotion of officers from grade 21 to 22 in the Federal Board of Revenue (FBR).

A single bench of Justice Sardar Ejaz Ishaq Khan issued the directions on a petition filed by Shahzadi Shahbanu, Pakistan’s senior most civil servant in (16th Common Group Customs, now FBR) through her counsel Malik Qamar Afzal advocate.

The IHC bench expressed its dissatisfaction over a reply submitted by the FBR saying that the reply by the FBR does not answer question no (ii) except evasively. It added that though referring to “efficient functioning and operational efficiency,” it does not explain how placing an officer in the admin pool enhances or serves the objective of operational efficiency.

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The bench further noted; “FBR’s answer that this practice has been followed for several years is an illogical argument that an illegal practice pursued for many years becomes legal for that reason alone.”

It also said that the tenor of this petition and counsel’s submissions at the bar is that placing the petitioner in the admin pool on the basis of a summary moved before the prime minister has led to the ex-ante interference of the prime minister in the promotions of the FBR officers, which is alien to the scheme of the law, and also because the very placement in an admin pool, which is only another name for officer on special duty, has been held to be illegal by the Supreme Court.

“In the circumstances, this Court is left with no option but to pass the interim order that the High-Powered Selection Board’s meeting for promotion of officers from Grade 21 to 22 in the FBR shall not be held till the next date of hearing,” directed Justice Ishaq.

He added, “The chairman FBR is directed to file an affidavit that no summary whatsoever was moved before the Prime Minister leading to the placement of the petitioner in the admin pool. The Secretary to the Prime Minister’s office will also file an affidavit that no such summary was received from the Chairman FBR and no record relevant thereto exists in the Prime Minister’s Secretariat. If such affidavits are not filed, then the said summary is to be placed on record before the next date in this case.”

The IHC bench deferred hearing until March 12. In her petition, Shahbanu stated she is facing discrimination in action, malafide in law, infringing vested property right of consideration for Grade-22 promotion.

She contended that it is the act of malice by placing petitioner as Officer on Special Duty (OSD) for last eight months for undermining her right of promotion in upcoming Selection Board. She added that the intentional non-posting of petitioner is ulterior motive with potentially fatal consequences for her 36 yearlong service career.

Her counsel Malik Qamar adopted the stance that the petitioner shall be consequently discriminated for her right of consideration for Grade-22 promotion and the process from Grade-21 to Grade-22 promotion is unconstitutional, violative to fundamental rights of due process and equality, compromising right to dignity, provided through 36 years of civil superior service (CSS) calls for judicial review.

Therefore, the counsel prayed to the court for its indulgence for the judicial review of the respondents’ non-action and in-action infringing the petitioner’s fundamental rights of due process, fairness, equality, dignity and property.

He also requested the court to declare the petitioner’s continuous status as OSD since 26th April, 2024 till to-date as unlawful and the petitioner be posted at her seniority Grade at a functional post according to her seniority and experience. Her due bonuses/honoraria at FBR Headquarters be also paid to her.

He urged the court that the petitioner’s right for the fair consideration for Grade-22 be evaluated on the basis of the ACRs/Dossier presented up-till the posting as OSD, and the petitioner be considered for promotion under the protection of due process and treatment in accordance to law. Afzal maintained that the Esta Code law giving arbitrary, discretionary powers to the prime minister of Pakistan for the choosing of suitable candidate be declared as ultra-vires to the Constitution.

Copyright Business Recorder, 2025