Full Judgment Text & Judicial Ruling

1999 P L C (C

1999 P L C (C.S.) 1524

[Lahore High Court]

Before Karamat Nazir Bhandari, J

M.D. TAHIR, ADVOCATE

versus

GOVERNMENT OF THE PUNJAB through Chief Secretary, Civil Secretariat, Lahore and 3 others

Writ Petition No.26170 of 1997, heard on 11th May, 1999.

Constitution of Pakistan (1973)‑‑‑

‑‑‑‑Art. 199‑‑‑Re‑appointment of retired officers, Judges of superior Courts and Army Officers‑‑‑Constitutional petition‑‑‑Competency‑‑‑Petitioner had prayed that action of Authorities in re‑appointing retired officers, Judges of superior Courts and Army Personnel, be declared illegal, ultra vires of Constitution and Islamic Injunctions, against interest of public and country and, that Authorities be restrained from said re‑appointments‑‑‑Authorities had contended that re‑employment of superannuated and retired persons of Armed Forces in civilian administration was not done as a matter of routine, but it was done only in exceptional cases in public interest‑‑‑Authorities had also contended that subject of re‑appointment was a matter of policy in which High Court need‑ not enter as law‑makers as well as executive authorities were best judges in said matter‑‑‑Object of petitioner in bringing petition could be appreciated as laudable, but said matter pertained to policy and High Court could not direct as to what policy should be or how a situation was to be governed‑‑‑Legislation and executive organs of State were best judges of such situations‑‑‑No effective order as prayed for by petitioner, was required to be passed, in circumstances‑‑‑Constitutional petition was disposed of with observation that policy in such matter should be framed strictly in accordance with demands of public interest and enforced in letter and spirit.

Petitioner in person.

Muhammad Amin Lone, Asstt. A.‑G., Punjab for Respondent No. l

Date of hearing: 11th May, 1999.

JUDGMENT

The petitioner is an Advocate of this Court and has filed, this petition as pro‑bono‑publico with the following prayers:‑‑

"It is, therefore, most respectfully and humbly prayed that action of the respondents may be declared illegal, ultra vires of the Constitution and Islamic Injunctions, against the interest of public and the country and they kindly be restrained from re‑appointing retired Officers, Hon'ble Judges of superior Courts, Army Personnel so that the rights of eligible arid young people are saved, from being usurped.

It is further prayed that pending the decision of this writ petition, respondents may be restrained from making any re‑appointment of retired persons or giving them any extension in their re‑employment or contract.

Any other relief, which this Hon'ble Court may deem fit may also be allowed to the petitioner for sake of justice and interest of the country. "

2. In the report and parawise comments filed on behalf of respondents Nos.2 and 3 under the signature of Fazal‑ur‑Rehman, Section Officer, Government of Pakistan, Establishment Division, Islamabad, the policy of the respondent‑Government to such matters has been described in detail. In nut shell, it is claimed that re‑employment is normally not done as a matter of routine and the re‑employing is done under certain rigid conditions. The policy as regards the employment of retired personnel of the Armed Forces had also been stated. It is claimed such policy is contained in Establishment Division O.M.No.14(5)/78‑D.III, dated 10th of February, 1980, amended from time to time. Copy of the memo is attached as Annexure‑II.

3. It is contended by the petitioner that in the present days of unemployment and economic reasons when lot of people are committing suicide, it is highly undesirable that old and retired people should be re employed either on contract basis or otherwise. According to him, it is in the larger interest of the society that the older people should make room for younger and competent people.

4. Learned Assistant Advocate‑General on the other hand has urged that the re‑employment of superannuated persons or retired persons of the Armed Forces in Civilian Administration is not done as a matter of routine and it is only in the exceptional circumstances that these appointments are made in public interest. He has also urged that the matter is really of policy in which this Court need not enter. According to him, the law makers as well as Executive are the best Judges in such situation.

5. While the motive of the petitioner in bringing this petition may be appreciated as laudable but learned Assistant Advocate‑General is correct in his submission that the matter really pertains to policy. It is undisputed that the Court has not to direct as to what the policy should be or how a situation is to be governed. The Legislature and Executive organs of the State are best judges of such situation. In any case, there is no reason to hold that the Assertion made in the report and parawise comments is either incorrect or the policy laid down therein is not being strictly followed.

6. For what has been stated above, no effective order such as prayed for is required to be passed. It is hoped that the policy in the matter will be framed strictly in accordance with the demands of public interest and thereafter, enforced in letter and spirit. It is open to the petitioner and for that matter to any other citizen to take notice of violation of policy in a given case and to challenge the same, in accordance with law. Disposed of.

H.‑B.T./M‑1073/L Order accordingly.

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