2025 PLC(CS) 300 GILGIT-BALTISTAN-SUPREME-APPELLATE-COURT

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VS art. 92---Gilgit-Baltistan System of Financial Control and Budgeting Rules, 2009, R. 11(a)-annex-I (Entry No. 1)---Gilgit-Baltistan Rules of Business, 2007, R. 3(3)-Schedule-II, Serial No. 4(7)---advisory Reference before the Supreme appellate Court---Creation/upgrading of new posts in Gilgit-Baltistan---Federal Government, non-concurrence of---Scope---Opinion sought by the Governor Gilgit-Baltistan (G.B.) through Reference under art. 92 of the Government of Gilgit-Baltistan Order, 2018 with regard to the legal position of the judgments passed by the Chief Court/subordinate Courts on the matters relating to creation/ upgradation of posts---Supreme appellate Court opined that Gilgit-Baltistan Government is not competent/empowered to create/ upgrade any post without prior concurrence of the Federal Finance Division Islamabad, therefore, G.B. Government is bound to transmit the cases pertaining to creation and upgradation of posts to Federal Government/Federal Finance Division, Islamabad, for their concurrence and thereafter in the light of requisite concurrence sought from Federal Government G.B., Government will be in a position to comply with the judgments/orders of G.B. Courts in true letter and spirit---However, the Court, which has issued the direction for creation or up-gradation of any post in the judgment, should not adopt coercive measures or issue contempt of court notice to concerned Secretary while dealing with implementation petitions till the requisite concurrence is received---Supreme appellate Court while dealing with so many CPLas, pending before it, has issued directions to the Chief Court not to press hard the authorities of the concerned Departments in the cases wherein the concurrence has been sought from Federal Finance Division Islamabad, by the G.B. Government, rather the Supreme appellate Court issued directions from time to time to the Chief Court for granting sufficient time to the authorities of concerned Departments in implementation of the judgments in question till the receipt of requisite concurrence---Reference was disposed of accordingly. Citation Name: 2025 PLC(CS) 300 GILGIT-BALTISTAN-SUPREME-APPELLATE-COURTBookmark this Case VS R. 11(a)-Annex-I (Entry No. 1)---Gilgit-Baltistan Rules of Business, 2007, R. 3(3)-Schedule-II, Serial No. 4(7)---Government of Gilgit-Baltistan Order, 2018, Arts. 92, 99(1)(a) & 118---Advisory Reference before the Supreme Appellate Court---New posts in Gilgit-Baltistan, creation/upgrading of---Gilgit-Baltistan Government, powers of---Federal Government, concurrence of---Scope---Opinion sought by the Governor Gilgit-Baltistan through Reference under Art. 92 of the Government of Gilgit-Baltistan Order, 2018, with regard to the questions of law concerning creation and up-gradation of any post without prior concurrence from Federal Finance Division, Islamabad---Supreme Appellate Court opined that under R. 3(3)-Schedule-II, Serial No. 4(7) of Gilgit-Baltistan Rules of Business, 2007 and R. 11(a)-Annex-I (Entry No. 1) of Gilgit-Baltistan System of Financial Control and Budgeting Rules, 2009, the Gilgit-Baltistan Government was empowered to create new posts after approval by Finance Department, Gilgit-Baltistan---Record revealed that a meeting pertaining to Package/distribution of funds for Gilgit-Baltistan was held on 13.12.2012 under the Chairmanship of Federal Finance Secretary Islamabad wherein Sr. Minister, Chief Secretary and Finance Secretary of Gilgit-Baltistan duly participated---In said meeting it was unanimously agreed that Government of Gilgit-Baltistan shall not create/upgrade any post without prior concurrence of Federal Finance Division, Islamabad---Said decision stipulated that "Since the Federal Government has to finance the budget of Gilgit-Baltistan, Government of Gilgit-Baltistan shall not create any vacancy without prior concurrence of the Finance Division. Otherwise, Finance Division will not provide any funding for the vacancy created by Finance Department, Gilgit-Baltistan (G.B) at its own---Finance Department will convey department-wise existing sanctioned posts to Finance Division by 31.12.2012"---Record (Annexures) revealed that Federal Government through as many as four letters from time to time (spanning from the year 2015 to year 2021) issued instructions restraining G.B. Government from creation and up-gradation of any post without concurrence of Federal Finance Division Islamabad---It was further noticed that the said instructions/letters were being complied with (implemented by) G.B. Government by transmitting the cases of creation and upgradation of posts to Federal Finance Division Islamabad for their requisite concurrence---Article 118 of the Government of Gilgit-Baltistan Order, 2018, provides that in case of conflict between the Laws of Pakistan and the laws framed under GB Order 2018, laws of Pakistan shall prevail---Word "Laws", as defined in Article 99(1)(a) of the Government of Gilgit-Baltistan Order, 2018, includes ordinance, orders, rules, bye-laws, regulations and any notification and other legal instruments having the force of law---Thus, said provisions of law prima facie stipulate that the instructions/orders/policy/Notification issued by Federal Government from time to time qua restraining the G.B. Government from creation and up-gradation of any post without prior concurrence from Federal Finance Division comes within the ambit of Article 99(1)(a) of G.B. Order, 2018---Thus, Supreme Appellate Court was of the considered opinion that in the light of the summary approved by the Prime Minister of Pakistan (having been annexed) and letters instructions/Policy issued by Federal Government and the laws laid down by Federal Government, the Govt. of G.B while creating and up-grading the posts in different Departments was under an obligation to get prior concurrence of the requisite posts from Federal and Finance Division Islamabad and G.B Government/G.B. Finance Division was not competent and empowered to create/upgrade any post at its own level because G.B. Government Finance Division G.B. was legally bound to follow the laws made/issued by the Federal Government---Keeping in view the decision taken in the meeting (pertaining to Package/ distribution of funds for Gilgit-Baltistan held on 13.12.2012 under the Chairmanship of Federal Finance Secretary Islamabad wherein Sr. Minister, Chief Secretary and Finance Secretary of Gilgit-Baltistan duly participated), it was clarified that G.B. Government shall not create or up-grade any post without prior concurrence of the Federal Finance Division Islamabad, otherwise the Finance Division Islamabad shall not provide any funding for the requisite created/upgraded posts---Thus, creation and up-gradation of any post by the G.B. Government/Finance Division G.B. would be totally useless for the purpose of implementation of the judgment passed by any Court in said regard---Reference was disposed of accordingly.

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