2024 PLC(CS) 1152 ISLAMABAD

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Dr. MUHAMMAD SHAFIQUE ARSHAD, PROFESSOR OF CARDIOLOGY, CARDIAC CENTRE, PAKISTAN INSTITUTE OF MEDICAL SCIENCES [PIMS], ISLAMABAD VS FEDERATION OF PAKISTAN, through Secretary, Ministry of National Health Service and Regulation, Government of Pakistan, Islamabad S.14(1)---Constitution of Pakistan, Art.199(1)(iii)---Writ of quo warranto---Locus standi---Scope---Re-employment of retired civil servant---Pre-requisites---Public interest---Violation of policy in vogue---Absence of exceptional and necessary circumstances for re-employment---Effect---Contention of the petitioner was that respondent had been re-employed without any public interest and that too by creating blockade in promotion prospects of the petitioner---Validity---Re-employment of a retired civil servant is an exception to the rule that a civil servant is to retire upon attaining the age of superannuation, which is only available in cases of absolute necessity in the public interest and in order to eliminate element of arbitrariness in re-employing a retired civil servant, the process is to be transparent and the reasons for such necessity must be recorded in writing---Civil servant, who is re-employed after his retirement, could not glorify himself as had been done by retired respondent through pleadings in his written comments, rather it was for appointing authority to record reasons as to why such re-employment was considered imperative for the public interest---No material had been brought on record to satisfy the High Court that respondent's appointment after retirement was a matter of necessity or that the public interest would be at stake had he not been appointed---Nothing was on the record to indicate the fulfillment of the essential perquisite of "non-availability of suitably qualified or experienced officers to replace the retiring officer" or that the re-employment of respondent would subserve the public interest---Decision making process by the appointing authority in terms of S.14 of the Civil Servants Act, 1973 was justiciable under exercise of the powers of judicial review in terms of Art.199 of the Constitution---In such process of judicial review, in absence of the material or reasons which make out an exceptional case justifying a civil servant's re-employment after retirement, such appointment would be liable to be struck down---Petitioner, being the senior most serving Professor in the Department had legitimate expectation to be appointed as the Head of the Department---Re-employment of respondent had resulted in the usurpation of the petitioner's right to be considered for appointed as the head of the said department---Constitution petition was allowed accordingly.

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