Peshawar High Court (PHC) decided to ascertain the constitutionality of recently amended Civil Service of Pakistan Rules 1954 as a division bench of the Chief Justice Qaiser Rasheed has sought federation assistance over legality of the amendment.
A written order of the bench emerged last week in response to a petition assailing vires of the Statutory Regulatory Order (SRO) 1046 on the grounds that the amendment has taken place in violation of the constitution and top court verdicts.
Advocate Umer Ijaz Gilani has filed the petition on behalf of Farhatullah Khan Marwat, a senior officer of KPK Provincial Management Service challenging federal government amendment to the Civil Service of Pakistan Rules, 1954 through Statutory Regulatory Order (SRO) 1046.
Gilani contended that the amendment in the Civil Service of Pakistan Rules 1954 will have adverse impacts on provincial civil servants career saying the federal government has secretively made an amendment to the Civil Service of Pakistan Rules, 1954.
After brief arguments of Advocate Umer Ijaz Gilani in the matter the Court sought written comments from the respondents amid issuing notices to Attorney General for Pakistan (AGP) under Order 27A of the Code of Civil Procedure (CPC), 1908.
Notice under Order 27A of CPC is required by law to be issued in cases which raise important constitutional questions. When responding to an Order 27A notice, the AGP is supposed to safeguard the interests of the entire federation and not just defend the Federal Government.
Talking to TLTP, the petitioner’s counsel Umer Ijaz Gilani expressed that proceedings represent a major step forward saying issues of Administrative Federalism can no longer be ignored. “We are hopeful that the AGP will be able to assist the Court in undoing the fraud on the Constitution which these SROs represent,”, Advocate Umer Ijaz Gilani maintained.
