Retired civil servant

Post to which the respondent wanted (pro-forma) promotion was a selection post and such post according to Section 8 (6) (a) of the Punjab Civil Servants Act, 1974 could only be filled on the basis of merit and not on seniority

Furthermore Article 212 of the Constitution ousts the jurisdiction of the High Courts and Civil Courts in the matters relating to the terms and conditions of a civil servant as the bar in the Constitution is absolute

Petition was converted into appeal and allowed.

Post to which the respondent wanted (pro-forma) promotion was a selection post and such post according to Section 8 (6) (a) of the Punjab Civil Servants Act, 1974 could only be filled on the basis of merit and not on seniority

Furthermore Article 212 of the Constitution ousts the jurisdiction of the High Courts and Civil Courts in the matters relating to the terms and conditions of a civil servant as the bar in the Constitution is absolute

Petition was converted into appeal and allowed.

Petitioner sought reinstatement in service, and withdrawal of notification of retirement and contended that since petitioner was covered by exception contemplated in S.2(b)(i) of Civil Servants Act, 1973; bar of Art.212 of the Constitution was not applicable to present Constitutional petition

Validity

Record revealed that petitioner was a permanent employee of National Highways and Motorway Police at time of his retirement, and until such retirement, petitioner did not seek what had been sought in the Constitutional petition

Question of repatriation and absorption in civil serbvice were questions regarding terms and conditions of service and petitioner was clearly covered by definition of "civil servant" and ought to have appraoched Service Tribunal for redressal of grievance

Constitutional petition, being not maintainable, was dismissed, in circumstances.

Definition of civil servant as provided in S.2(1)(b) of the Balochistan Civil Servants Act, 1974 when considered with Art. 212 of the Constitution and Service Tribunals Act, 1974, included the person who had remained as civil servant

Retired civil servants were not ousted from agitating their claims regarding terms and conditions of their service before the Service Tribunals

Petitioners being civil servants were barred from agitating their claim before the High Court and such bar was created through Art.212 of the Constitution

Constitutional petition was dismissed.

Executive power under Art.90 of the Constitution vests with the Executive to not only recognize the position etc. based on the security of the country under Acts / Ordinances and Rules framed thereunder but also the Cabinet / Competent Authority is well within its right to prescribe criteria under Art.90 of the Constitution

Responsibility of fixing criteria of recognizing appointment of Permanent Representative of Pakistan to any foreign government primarily is the responsibility of the Executive Branch of the State subject to law

Courts ordinarily refrain from interfering in foreign policy making domain of the Executive

Services of respondent were hired on contract bases on his experience and expertise in foreign services by utilizing available quota of non-career Head of Missions

Such was not re-employment of a just-retired officer of Government of Pakistan and was merely a contractual assignment / appointment, therefore, S.14(1) of Civil Servants Act, 1973, was not attracted in the matter

Appointment of respondent did not suffer from any inherent defect under the law

High Court declined to interfere in the matter as petitioners failed to point out any legal flaw in the process relating to appointment of respondent

Constitutional petition was dismissed, in circumstances.

Proforma promotion of a retired civil servant was allowed in a case where a senior civil servant was deferred for promotion due to no fault of his own and his junior was promoted and subsequently senior civil servant was also promoted during his service but could not get proforma promotion during service and retired

Grant of proforma promotion was based on the concept of presumption that except the temporary hurdles such as inquiry or adverse remarks which proved to be frivolous later on, the civil servant was fit for promotion on a particular date in the past.

Proceedings could be initiated against a retired employee provided the same were initiated against during his service or within one year of his retirement and finalized not later than two years of his retirement

Time lag provided in law was manifestly intended to safeguard the interest of pensioners so that the Sword of Damocles should not hang upon retired employees for an indefinite period

Petitioner stood retired as forest guard, the pension was sanctioned and the proceedings under Punjab Employees Efficiency Discipline and Accountability Act, 2006 were initiated after a lapse of about four years, from the date of retirement, against the petitioner

Provisions of Punjab Employees Efficiency Discipline and Accountability Act, 2006 were not applicable to the petitioner as neither the proceedings were initiated against him during his service nor within one year of his retirement

Proceedings under Punjab Employees Efficiency Discipline and Accountability Act, 2006 on account of lapse of time could not be initiated against the petitioner, resultantly no punishment could be inflicted thereunder

Show-cause notices were set aside

Constitutional petition was allowed.