On 12th November 2012 the Honorable Supreme Court of Pakistan has declared a historical decision in the Petition filled by Ms. Anita Turab for protection of Civil Servants (Constitution Petition No. 23/2012).
The grievance of the petitioner set out in her petition can be summarized.
Firstly, she seeks that the standing of the civil service be restored as service of the State and not the service of any transient government. To achieve this object, her submission is that unlawful political interference in the independent and legitimate functioning of civil servants be stopped. Secondly, the petitioner seeks corrective institutional measures to revert the civil service to rule-based management practices in accordance with the letter and spirit of applicable laws, rules and precedents of this Court.
On 12.3.2012, we had directed the Secretary Establishment Division,Government of Pakistan, the Chief Secretaries of the four Provinces and the Chief Commissioner, Islamabad Capital Territory to submit their comments.
It was noted in Const. Ps. 23/2012 etc the said order that civil servants who act according to law, at times, have to face hardship in the form of immediate transfer or posting as Officers on Special Duty (OSD) even before the completion of their tenure. It was also noticed that frequent transfers, postings and disciplinary proceedings are taken in violation of the law, rules and regulations.