2025 PLD 1 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.

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