While hearing a plea assailing legality of rules making power of Chairman Federal Public Service Commission to regulate inductions in Pakistan Administrative Service on Friday the Peshawar High Court sought federation and commission’s chairman response over question of law whether he is competent to make rules under delegated power in the matter.
Advocate Umer Ijaz Gilani appeared before a division bench of Justices Syed Muhammad Attique Shah and Syed Arshad Ali on behalf of a senior public servant of the KPK government Farhatullah Khan Marwat who has invoked the jurisdiction of Peshawar High Court (PHC) making Federal Public Service Commission (FPSC) through its chairman and Federation through Secretary Establishment Division as respondents in the petition.
Talking to TLTP, Advocate Umer Gilani expressed, “Rules are a set of procedures which provide guidelines to public authority that how to get provisions of basic law or Act implemented”.
During the course of proceedings, Advocate Umer Gilani argued it is well-settled that rules relating to appointment, promotion and transfer, pay and pension of any category of civil servant can only be made by the president under Section 25 of Civil Servant Act, 1973.
Opposing the rules-making power of the FPSC chairman in the matter in hand Advocate Gilani apprised the bench that under Section 7 of the FPSC Ordinance 1977, the chairman rulemaking power is confined to internal proceedings such as delegation of powers from Commission to its members. Gilani contended that the FPSC doesn’t even have to make rules for all the purposes of the Ordnance like conduct of examination.
Gilani submitted that on 14th October, 2020, the federal government has issued S.R.O No.1046(I)/2020 whereby it made a large number of highly consequential amendments to the Civil Service of Pakistan (Composition and Cade Rules, 1954). He said, “Since these amendments were made without consultation with the provincial cabinets and had the effect of erosion of provincial autonomy, the Petitioner challenged the vires of the said Amendments to the CSP Rules vide W.P 5547-P/2020 which remains pending before the PHC”.
He apprised the bench that while misinterpreting the provisions of the FPSC Ordinance 1977, the FPSC chairman framed Provincial Management Services (PMS) and Provincial Civil Services (PCS) Induction into Pakistan Administrative Service Rules, 2020. Gilani contended as the FPSC chairman is empowered to make rules to certain proceedings so he has nothing to do with matters relating to eligibility, appointment, seniority, training, probation, promotion, pays and pensions of civil servants.
Seeking stay order relief in the matter Advocate Gilani informed the bench that the FPSC chairman has initiated a process of recruitment at the behest of the federal government whereas examination for recruitment under the new rules has been scheduled for 12th June 2021. However, the bench deny to grant extraordinary relief of stay order in the matter saying no vested right of the petitioner was infringed.
Addressing the Deputy Attorney General for Pakistan Aamir Javed, a member of the bench Justice Syed Arshad Ali asked him to assist the court whether FPSC chairman competent to make rules in hand under the FPSC Ordinance 1977? Later, the bench adjourned the hearing sine die.
The writer heads a leading news wire service ‘The Law Today Pakistan’ commonly known as TLTP. He has a special focus on news relating to superior courts adjudication, access to right of information, civil, political, social and economic rights under the approach that existing cyber regime realization ensures procedural fairness in administrative law. He can be reached at firstname.lastname@example.org