Islamabad:
The Superior Court of Islamabad (IHC) has lifted the stay order previously imposed on holding a meeting of the High Power Selection Board for the promotion of FBR officers.
“The balance of convenience and irreparable loss now leans in favor of the other officers whose promotions cannot be considered due to the court order. Consequently, the court order does not extend and LAPSA as of today,” said a written order issued by the Sardar Ejaz Ishaq Khan of IHC.
The order indicated that the High Power Selection Board was prepared to consider promotions, but the mandate had been waiting for its procedures.
“[The counsel for the respondent argued promotions were essential for the efficient functioning of the FBR and that delays in promoting officers to Grade 22 were detrimental to the organization.
Agreeing with the FBR counsel’s plea, the court observed that no one should suffer due to a court’s action. It further stated that the board’s proceedings had only been temporarily interrupted by the court’s injunctive order and should resume immediately once the injunction ceases.
“I take it to be a valid proposition in law that, since the Board’s proceedings had not concluded, therefore, as soon as the injunction ceased to operate, it will be deemed in law to remain in session until it has performed the function for which it was constituted by the Federal Government.
“Therefore, the Board shall reconvene for the purpose, make its deliberations, and conclude the proceedings within one month from today,” the order said. While hearing the plea of an FBR employee, Shahbanu, the IHC had stayed the selection board meeting. In its order, the IHC noted that the petitioner’s crusade had yielded a positive result for her and others similarly placed.
It noted that the FBR has issued a notification dated 13.03.2025, by which the parameters for placing the officers in the admin pool have been delineated, and this instrument removes substantially the prevalent arbitrariness in this matter.
“By this notification, the placement of an officer in admin pool will ordinarily not exceed 45 days, and that too only for the reasons mentioned therein, and its excess beyond that period, up to a maximum of 90 days, is now circumscribed by the involvement of a larger number of officers who will make a recommendation, which recommendation will remain, in my humble view, justiciable.
“However, the respondents have made out a prima facie case that the petitioner’s placement in the admin pool on 26.04.2024 has not had a material adverse effect in relation to her consideration for promotion in the current round, because the PERs are prepared on a financial year basis for FBR (up to 30th June), and her PER for the 10 months of the financial year 2024 was duly prepared.
