ANIS HAROON vs FEDERATION OF PAKISTAN through Secretary, Establishment Division S — 2022 PLC(CS) 307 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PLC(CS) 307 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PLC
Parties: ANIS HAROON vs FEDERATION OF PAKISTAN through Secretary, Establishment Division S
Subject matter: Service
Provisions referred to: S. 14; Civil Servants Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ANIS HAROON VS FEDERATION OF PAKISTAN through Secretary, Establishment Division S.14(1)---Constitution of Pakistan, Art.90---Representative in United Nations, appointment of---Retired civil servant---Petitioner assailed appointment of respondent as permanent representative of Pakistan in United Nations---Validity---Executive power under Art.90 of the Constitution vests with the Executive to not only recognize the position etc. based on the security of the country under Acts / Ordinances and Rules framed thereunder but also the Cabinet / Competent Authority is well within its right to prescribe criteria under Art.90 of the Constitution---Responsibility of fixing criteria of recognizing appointment of Permanent Representative of Pakistan to any foreign government primarily is the responsibility of the Executive Branch of the State subject to law---Courts ordinarily refrain from interfering in foreign policy making domain of the Executive---Services of respondent were hired on contract bases on his experience and expertise in foreign services by utilizing available quota of non-career Head of Missions---Such was not re-employment of a just-retired officer of Government of Pakistan and was merely a contractual assignment / appointment, therefore, S.14(1) of Civil Servants Act, 1973, was not attracted in the matter---Appointment of respondent did not suffer from any inherent defect under the law--- High Court declined to interfere in the matter as petitioners failed to point out any legal flaw in the process relating to appointment of respondent---Constitutional petition was dismissed, in circumstances.

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