ISLAMABAD: In yet another example of how court stays are used to retain official posts and continue enjoying government perks, the Chairman of the Intellectual Property Organization (IPO) remains in office—eight months ahead of his term’s scheduled completion—despite the Ministry of Commerce (MoC) re-advertising the position over a year ago.
The ministry, which had initially appointed an overaged candidate to the post, moved to re-advertise the position in 2023 upon realizing that the incumbent had crossed the maximum permissible age limit. However, following the advertisement, the Chairman obtained a stay order from the court and has continued in the role ever since. If the matter remains undecided by the court, he could potentially remain in office until December 2025.
The Ministry of Commerce had re-advertised the position after the incumbent completed only one year in office, amid legal concerns regarding his eligibility due to age.
Farukh Amil, a retired diplomat and former ambassador, was appointed as Chairman IPO in December 2022 for a three-year term. However, it later emerged that he exceeded the age limit for an MP-I scale appointment under the MP Scale Policy 2020, which stipulates a maximum age of 62 at the time of appointment. The policy ensures that candidates can complete their full term before reaching the upper age limit of 65.
Sources close to the matter disclosed that Amil, who retired in January 2019, was already over 62 at the time of his appointment. This contradicted the MP-I scale policy requirements, making the appointment controversial from the outset.
Despite the violation, officials from the Ministry of Commerce initially defended the appointment, arguing that it was made under the IPO Act of 2012, which does not explicitly state any age restrictions. Some officials even claimed the Act allowed candidates up to the age of 70 to be considered.
However, acknowledging the procedural lapse, the ministry later re-advertised the post with clarified eligibility criteria. The new advertisement emphasized that the appointment would be under MP-I scale terms, with a maximum age of 62 years, and candidates must be able to complete the three-year term before reaching the age of 65.
While the Cabinet Division’s guidelines suggest that individuals should cease holding office either upon reaching 65 years of age or at the end of their tenure—whichever comes first—MoC officials have contended that these are advisory in nature and not binding.
Earlier inconsistencies in job advertisements, including the omission of age limits and relevant experience requirements, had raised questions about favoritism and lack of transparency in the appointment process.
The re-advertisement is seen as a corrective measure aimed at addressing legal loopholes and ensuring transparency in the recruitment process for this key leadership role in the IPO, which is an attached department of commerce ministry.
Sources within Ministry of Commerce also claimed that the minister is also unhappy over the development and performance of the chairman. An official source also claimed that the ministry is pursuing the court case to vacate the stay.
