ISLAMABAD, Sept 12: The Supreme Court was informed here on Tuesday that a petition field by the former chairman of the Federal Public Service Commission (FPSC), Lt-Gen Jamshaid Gulzar Kiyani, challenging curtailment of his service tenure had become infructuous as he himself had stepped down under a presidential ordinance.

Deputy Attorney-General Nasir Saeed Shaikh informed a three-member bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Abdul Hameed Dogar and Justice Saiyed Saeed Ashhad that the new FPSC chairman had replaced Lt-Gen Kiyani on March 30, 2006.

The Supreme Court was hearing the petition of Lt-Gen Kiyani who had challenged the presidential ordinance wherein his service tenure had been slashed to three years from five years.

Akram Sheikh, counsel for Lt-Gen Kiyani, submitted that his client had challenged the ordinance in the Lahore High Court on Sept 24, 2005 soon after its re-promulgation and the matter was pending in superior courts. Therefore, he said, the petition cannot be rendered infructous.

Earlier in 2000, the counsel said, the government had amended the FPSC Ordinance 1977 enhancing the service tenure of the chairman and members of the commission to five years from three years.

Lt-Gen Kiyani was appointed on the basis of that ordinance for a fixed term.

In 2005, the ordinance was again amended, curtailing the tenure to three years.

Though the ordinance lapsed in parliament, the president re-promulgated it and the chairman and some members of the commission had to retire after three years despite the fact that at the time of their appointment their service tenure was fixed for five years.[/SIZE]