FBR promotes officers of IRS to BS-20 & 21 on the basis of FST, Islamabad decision
The Federal Board of Revenue (FBR) strongly contradicts the false impression created through a section of the press on 29.12.2011 regarding promotion of IRS officers from BS-19 to BS-20 and BS-20 to 21, alleging that the promotions were made in gross violation of the verdict of Federal Services Tribunal, Islamabad.
2. Promotions in Inland Revenue Service were made on the recommendations of Central Selection Board (CSB) and with the approval of the competent authority. Federal Service Tribunal in its decision dated 02.12.2011 had inter-alia observed that "Promotion and seniority are definitely not vested rights. Sections-8 and 9 of the Civil Servants Act, 1973 read together with section 4(1) proviso (b) of the Service Tribunals Act, 1973 are very clear on that However, to be considered for promotion and seniority is a vested right. A civil servant may not be able to file an appeal to get seniority or promotion but he can definitely file an appeal to get meaningful consideration for his seniority/promotion. In the present case the appellants could not claim safeguard of their right to seniority and promotion. However, they could definitely make a prayer that they should have been considered correctly for their seniority/promotion.
Recognizing the jurisdiction of FBR, the Honorable FST has further given observations as under:-
That the Government/FBR is fully competent to decide this assertion of the appellants and respondents that some promotions have already been made in violation of seniority rules and even the aggrieved parties can seek remedy in appropriate forum.
The Honorable FST vacated the stay order imposed on promotions with the following remarks: -
That the FBR/Government may make promotions on the principle of seniority discussed above and the embargo imposed by the FST in that regard is lifted."
3. In light of the decision of FST, Islamabad Seniority List dated 14.12.2010 is now valid for all practical purposes. Promotions already made from BS-20 to BS-21 and BS-19 to BS-20 vide Notifications dated 02.12.2011 & 03.12.2011 have not been rejected/nullified by FST, Islamabad and the final promotions were made in compliance of the orders of FST, Islamabad.
4. The cases of those officers which could not be presented to CSB and so not considered for promotion due to seniority dispute or being junior in seniority in the impugned seniority list would be presented in the next CSB according to their seniority based on the list upheld by the FST. The senior officers if recommended for promotion would be re-assigned seniority in next scales as per their seniority upheld by the Honorable FST, Islamabad.