Supreme Court passes Judgement in Grade-22 case

I.N.Abbasi, OSD an officer of Information Service had filed a Contempt of Court Petition informing the Court that the Government has failed to implement the judgment of the Court dated 28.04.2010 wherein the promotion of BS-21 officers was declared void ab-initio. Mr. Abbasi had appeared in person in the Court and contended that the Establishment Division had committed contempt of Court by implementing the judgment with immediate effect instead of retrospective effect. The Court vide its order dated 06.09.2010, inter alia, directed that, “prima facie, contention raised by the Petitioner requires to be re-examined. Issue notice to the respondent and the learned Attorney General for Pakistan for 17.09.2010.”

Subsequently, on 17.09.2010 during the Court proceedings, the learned Attorney General informed the Court that in deference to the apex Court decision, the Prime Minister of Pakistan directed the Secretary, Establishment Division to implement the judgement “forthwith”. Thus, the judgement was implemented post haste which inadvertently resulted into its “immediate implementation” instead of being implemented “retrospectively”.

The learned Attorney General further submitted that the Secretary, Establishment Division while conceding this lapse of issuance of wrong notifications on 29th April and 16th September 2010, has undertaken to issue fresh notifications by 18.09.2010 in complete conformity to the judgement of the Supreme Court. On this categorical assurance, the Petitioner Mr. Abbasi expressed his satisfaction. Thus, the petition was disposed of accordingly.

As per the above mentioned undertaking of the learned Attorney General, the Registrar office of the Supreme Court has received a letter today i.e. 18.09.2010 from Establishment Division containing copies of fresh notifications wherein it is notified that Establishment Division’s Notification No. 41/340/2009-E-I dated 04.09.2009 promoting officers from BS-21 to 22 is rescinded ab-initio and declared to be of no legal effect as per Supreme Court of Pakistan’s judgment dated 28.04.2010, given in Human Rights Cases No. 8340, 9504-G, 13936-G, 13635-P and 14306-G to 14309-G of 2009, and the Establishment Division’s notifications of even number dated 29.04.2010 and 16.09.2010 stand withdrawn – supremecourt