LHC upholds civil awards for public servants

LHC upholds civil awards for public servants

The Lahore High Court has dismissed a petition challenging the conferment of civil awards on government employees and individuals holding public offices, ruling that public servants cannot automatically be disqualified from receiving national honours.

The court observed that the Constitution does not restrict the concept of public service to unpaid or voluntary work. Therefore, holding a government position does not, by itself, make a person ineligible for a civil award.

In its detailed judgment, the court clarified that merely occupying a public office does not make an individual entitled to a civil award either. Instead, authorities must assess whether the person has rendered services that go beyond the ordinary requirements of their official position.

The court noted that “public service” constitutes a separate category within Pakistan’s civil awards framework. It said the Establishment Division serves as the nominating institution for awards in this category and follows a prescribed mechanism for evaluating nominations.

According to the judgment, scrutiny committees, award-recommending committees and the Central Awards Committee perform their respective functions under the established procedure. While assessing public service, the committees must consider contributions that exceed an employee’s routine official responsibilities.

The court also highlighted integrity, impartiality, honesty and reputation of character as relevant considerations in determining eligibility for a civil award. It stressed that authorities must distinguish between satisfactory performance in a regular government job and exceptional service rendered for the public.

The judgment rejected the argument that receiving a salary should, on its own, prevent a government employee from receiving an award for extraordinary public service. The court held that paid employment does not erase the possibility that an individual may make an exceptional contribution to society or the country.

The court further observed that civil awards cannot be withdrawn or cancelled merely on an assumption or without a lawful basis. It said the President or relevant authorities cannot be directed to revoke or cancel an award unless there is a clear legal foundation for such action.

The Lahore High Court also referred to the 26th Constitutional Amendment, noting that the amendment added “public service” to Article 259(2) of the Constitution. The court considered this constitutional provision relevant to the framework governing civil awards and the recognition of exceptional public contributions.

The ruling therefore maintained a distinction between a person’s official status and the nature of their contribution. While government employment alone does not qualify someone for a civil award, it also does not prevent an employee from receiving one when the prescribed authorities determine that the individual has rendered exceptional public service under the applicable criteria.