The Supreme Court of Pakistan has delivered firm observations on the issue of illegal recruitments in government institutions, stating that civil servants are not obligated to follow unlawful orders — even if such directives come from the Prime Minister.
The remarks were made during the hearing of a case related to illegal appointments in OGDC/OGDCL, where the court also directed lawyers to properly prepare for a review petition filed by a former federal minister.
Recruitment Must Follow the Law, Court Stresses
While hearing the case, the Supreme Court emphasized that public sector hiring cannot be carried out on personal instructions or political pressure.
“Appointments are made through advertisements. This is not a kingdom where orders are issued without process,”
the court observed.
During the proceedings, the NAB prosecutor informed the bench that the minister’s Principal Staff Officer had written about parliamentary pressure for job appointments.
Civil Servants Not Bound to Follow Illegal Instructions
The court responded with strong remarks, stating:
“Even if the Prime Minister issues an illegal order, civil servants are not bound to comply with it.”
Justice Hashim Kakar noted that almost every government institution in Pakistan is operating with staff far beyond its approved capacity.
PIA Referenced as a Warning Example
Justice Hashim Kakar compared Pakistan International Airlines (PIA) with international carriers, questioning its inefficiency.
In response, the NAB lawyer stated that:
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Excessive and unlawful recruitments
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Were among the major reasons
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That eventually led to discussions on PIA’s privatization
Question Raised on Repeated Accountability
Justice Ishtiaq Ibrahim highlighted that:
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At the time of the recruitments, the Accountability Commission law was not in force
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The concerned former federal minister has already served his sentence
He questioned whether:
“Is the stigma of conviction and completion of punishment not enough?”
Impact on Future Governance
Legal experts say the court’s remarks send a clear warning across the public sector:
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Political pressure cannot justify illegal hiring
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Bureaucrats must uphold the law above authority
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Unlawful orders hold no constitutional protection
The case is expected to influence future recruitment policies and accountability standards across Pakistan’s government institutions.
