SHC directs Sindh govt to legislate to frame service structure of district attorneys

The Sindh High Court (SHC) has directed the Sindh government to initiate legislative measures as may be necessary to frame preferably within two months the service structure for the post of deputy/district attorneys in higher grades to avoid disparity amongst them.

The direction came on a petition of district and deputy attorneys against the non-formation of service structure with regard to their promotions and other due benefits. The petitioners’ counsel submitted that they were serving as deputy/district attorneys as regular employees and were posted at different places in the province to act as government pleaders to conduct civil cases under administrative control of the ministry of law.

They argued that they were aggrieved due to deficient service structure and non-availability of promotion venues beyond BPS-19, and discrimination in perks and privileges. They said that a proposal was also put forward by the National Judicial Policy Making Committee (NJPMC) to the competent authority of the law department on July 27, 2014, which was issued by the Law & Justice Commission of Pakistan.

The petitioners’ counsel submitted that the petitioners were entitled to get the benefits under the NJMPC’s recommendations. He submitted that the law department had also issued recruitment rules for the posts of additional advocate general Sindh and assistant advocate general Sindh (BPS-20), and argued that the petitioners deserved to be promoted to the post of assistant advocate general (BPS-20), as per the recruitment rules.

He pointed out that the Article 140 of the constitution dealt with the appointment of advocate generals of the provinces and also referred to the law department manual rules, 1940, which provided the procedure for the appointments of the assistant advocate general and additional advocate generals, Sindh. He also requested for directions to the respondents to streamline the civil service structure of the district attorneys and deputy district attorneys for their further promotions/postings on merits.

The additional advocate general controverted the stance of the petitioners on the grounds that the petitioners, because of their job descriptions, service structure, emoluments and allowances, constituted a distinct and separate group of officers compared to the post of additional advocate general Sindh and assistant advocate general Sindh.

He further pointed out that the petitioners could not be adjusted to the aforesaid posts as suggested by them on the premise that the functions and duties of the office of the petitioners were not similar or akin to those of the offices of the advocate general AG and assistant advocate general and hence, they were not justified in seeking promotions, being civil servants, against the aforesaid contractual posts and there was a difference between the two sets of offices and officers, which could easily be differentiated on the grounds that the post of AAGs were tenure posts and purely at the discretion of the government, whereas, the deputy/district attorneys (BS18-19) were civil servants as provided in the Sindh Civil Servants Act, 1973.

He also referred to the amendment brought into the Sindh Law Officers (Conditions of Service Rules), 1940, and argued that under the recruitment rules for the posts of additional/assistant advocate general, the deputy/district attorneys could not be brought into the strength of cadre of service of the office of the advocate general Sindh, as suggested by the joint secretary of the Law & Justice Commission of Pakistan.

A division bench of the SHC comprising Justice Irfan Saadat Khan and Justice Adnanul Karim Memon observed after hearing the case that it was not viable under the law to allow district attorneys (BS19)/ civil servants to change their cadre and become non-civil servants by their induction in the office of the advocate general Sindh, through the law department’s notification which by virtue of the legal implication could not be implemented since its inception on the premise that the aforesaid posts were/are not existing on a regular budget in the office of the advocate general Sindh.

The high court observed that since the petitioners had confined their prayers to the extent of streamlining the service structure of district attorneys and deputy district attorneys and it would be appropriate to direct the Sindh government and the law department to take measures and initiate such legislative measures, as may be necessary, to frame the service structure for the post of deputy/district attorney (BS-18-19) in higher grade to avoid disparity amongst them, within reasonable time, preferably two months.