The Supreme Court has restored the Controller General of Accounts (CGA) Recruitment Rules, 2014, setting aside a Federal Service Tribunal verdict that had declared the rules null and void.
In a written judgement authored by Justice Ayesha A. Malik, the apex court held that the tribunal lacked the authority to strike down recruitment rules or direct the executive to reformulate them.
The Supreme Court overturned the Federal Service Tribunal’s October 17, 2022, decision, which had annulled the recruitment rules formulated on July 15, 2014.
The tribunal had declared the rules invalid on the grounds that they had not initially received approval from the Establishment Division. However, the Supreme Court noted that the Establishment Division subsequently approved amendments to the same rules in 2017, 2019 and 2021.
The apex court ruled that the tribunal should have remained within the limits of its jurisdiction rather than intervening in policy matters concerning recruitment and administrative structures.
Tribunal can’t direct govt to reformulate rules
In its written judgement, the Supreme Court emphasised that the Federal Service Tribunal could not assume the role of the executive or issue directions requiring the government to frame recruitment rules differently.
Justice Ayesha A. Malik observed that the tribunal lacked the authority to interfere in policy decisions or invalidate recruitment rules. It was required to exercise its powers within the legal boundaries of its jurisdiction.
The court held that the tribunal could not substitute itself for the administration to direct the reformulation of rules, reinforcing the government’s authority over recruitment policies and service structures.
The Supreme Court also examined the circumstances of the employee whose case led to the challenge against the recruitment rules.
According to the judgement, the employee was promoted from junior auditor to senior auditor on January 1, 2021, under the 2014 recruitment rules. Despite benefiting from the same rules, he subsequently challenged their validity.
The court noted that there was no legal or vested right to a direct promotion from Junior Auditor to Assistant Accounts Officer.
Promotion not fundamental or vested right
The Supreme Court clarified that promotion, in itself, does not constitute a fundamental or vested right.
It held that government employees cannot claim an automatic entitlement to a particular promotion or promotional pathway merely because they seek advancement within the service structure.
The judgement also reaffirmed the government’s authority to amend recruitment rules and service structures according to administrative requirements.
Addressing the grounds on which the Service Tribunal had invalidated the rules, the Supreme Court noted that the Establishment Division had approved amendments to the 2014 recruitment rules in 2017, 2019 and 2021.
The court’s observations highlighted the subsequent approvals while rejecting the tribunal’s intervention in the matter.
