The Service Tribunal Has No Power to Direct The Government to Create Posts:
A two-member bench of the Supreme Court has held in a recent judgment , Civil Appeal No. 40-Q of 2018 ,that Service Tribunal cannot interfere in the matters falling under the purview of the Executive. Creation of a post is a policy decision and only the Executive is mandated to take such decision and create posts whenever and wherever required. The Service Tribunal cannot issue directions to the Executive to create a post for a person. This is beyond the mandate of the Tribunal conferred upon it by the relevant statute.
In the case at hand, the respondent who was on deputation from Baluchistan in Islamabad, was not considered for promotion by the committee and another person/respondent No.2 was promoted instead. The respondent No.1 challenged this order before the Service Tribunal Baluchistan where his application was dismissed but the Tribunal issued a direction to the Government to create another post for the respondent No.1 to accommodate him.
The Chief Secretary of Baluchistan challenged the said order to the extent of the said direction. The Supreme Court annulled the order to the extant of the said directions only.c.a._40_q_2018