On 24-03-2016 Supreme Court of Pakistan has been dismissed and leave refused by Finance Division in Civil Petition No. 4070 of 2016. Fed. of Pakistan VS Muhammad Saeed & Others. Before Before Mr. Justice Amir Hani Muslim & Mr. Justice Qazir Faez Isa, and issued the Judgment.
Judgment / Court Order
In the first place the policy of up-gradation in regard to the service related issues of the civil service fails which the exclusive domain of the Establishment Division. The policy of up-gradation introduced with the approval of the Prime Minister, could not be subsequently interfered with by the Finance Division through an Office Memorandum and that too, without the approval of the Government. This Court in the case of Chief Commissioner, Inland Revenue and another Vs Muhammad Afzal Khan and others (Civil Appeal No. 992 of 2014 dated on 11.01.2016) while discussing the term “up-gradation” has held that the Government can grant up-gradation through a policy, which cannot be interfered with the Finance Division through Office Memorandum.
We do not find any infirmity int he impugned judgment which could warrant interference by this Court. Consequently, this petition being misconceived is accordingly dismissed and leave refused.