View Single Post
  #250  
Old Saturday, February 18, 2017
AFRMS AFRMS is offline
37th Common
Medal of Appreciation: Awarded to appreciate member's contribution on forum. (Academic and professional achievements do not make you eligible for this medal) - Issue reason: CSP Medal: Awarded to those Members of the forum who are serving CSP Officers - Issue reason: Diligent Service Medal: Awarded upon completion of 5 years of dedicated services and contribution to the community. - Issue reason:
 
Join Date: Mar 2006
Posts: 1,514
Thanks: 1,053
Thanked 1,681 Times in 873 Posts
AFRMS has much to be proud ofAFRMS has much to be proud ofAFRMS has much to be proud ofAFRMS has much to be proud ofAFRMS has much to be proud ofAFRMS has much to be proud ofAFRMS has much to be proud ofAFRMS has much to be proud ofAFRMS has much to be proud of
Default Govt to face another tough case in SC

Govt to face another tough case in SC
By Ahmad Noorani
Induction of non-cadre officials into OMG

Establishment Division’s role defended

ISLAMABAD: The government is set to face another tough case in the Supreme Court, as the OMG group officers have moved the apex court for alleged repeated and open violations by the Establishment Division of a historic 2013 judgment on the alleged illegal induction of non-cadre and deputationist favourites of the ruling party into the regular service cadre of the OMG.

The OMG group officers suffering because of the policies of DMG group dominating the Establishment Division and Prime Minister’s Office have earlier written to the human rights cell of the apex court about repeated violation of June 12, 2013 judgment of the Supreme Court under which all the provincial governments and the Establishment Division were ordered not to induct deputationists, inductees and non-cadre officers into regular service cadres meant to be filled through competition examination (CSS) held by the Federal Service Commission.

Keeping in view the twists often given to such judgments by the Establishment Division and the Law Ministry, in this comprehensive judgment the apex court had clearly defined the difference between regular induction through competition and induction through ‘appointment by transfer’.

However, to please political masters and adjust near and dear ones of the ruling party, the DMG baboos misinterpreted the judgment and started inducting transferees, non-cadre officials and deputationists in the OMG.

The OMG group officers have now moved a contempt of court petition against the secretary establishment in the first step in the Supreme Court. The petition is yet to be fixed for hearing.

The OMG officers insist that the Establishment Division was simply following the policy being given to it by the PM Office and the political government was under pressure to induct maximum favourites in the prestigious OMG group during these last months before end of its term.

According to the PM Office, this is dealt by the Establishment Division which can better comment on it.

The Establishment Division officials though not ready to come on record insist that in accordance with an opinion of Ministry of Law, induction of non-cadre officers and deputationists (mostly teachers, doctors etc) in permanent and regular service cadre was very much possible by following a laid down procedure even after COP 89/2011 decided on June 12, 2013.

A senior official in the Establishment Division told The News that they had even issued a notification barring any future induction of non-cadre officers into regular service cadre of OMG but the same was withdrawn as the law ministry’s opinion was different.

The officer admitted that the recommendations of such inductions always came unofficially from the Prime Minister Office. The Establishment Division officials say non-cadre officers were always inducted into the OMG and it has always been a routine.

They say a large chunk of OMG officers basically comprise non-cadre officers. They insist that if relevant rules and procedure was followed such induction was legal and the apex court judgment doesn’t apply here.

A joint secretary in the Establishment Division, who on January 31, 2013 issued a notification barring any illegal induction of non–cadre officers into the CSS cadre of OMG in compliance with apex court orders, had to face consequences and wrath of top DMG baboos in PM office.

Para 183 of the June 2013 judgment reads: “A copy of this judgment be sent to the Chief Justice Sindh High Court through Registrar for circulating it amongst the learned Judges.

A copy of this judgment be also sent to all the Chief Secretaries of the Provinces as well as the Secretary Establishment Division, Government of Pakistan, Islamabad, with the direction to streamline the service structure of civil servants in line with the principles laid down in this judgment.

The Chief Secretary and Secretary, Services, Sindh, are further required to comply with this judgment in letter and spirit and report compliance within three weeks.”

Sindh government, FIA and WWF implemented the apex court judgment. Even Balochistan government also started implementation. However, the Establishment Division never seemed interested in implementation as this was the major and most lucrative benefit that could be offered by the government to its favourits.

The story doesn’t stop here, as the Establishment Division got a summary approved from the PM to set a criteria for 75 seats in the OMG for ex-cadre civil servants and non-civil servants in 2016 despite knowing the fact that the SC had barred any such induction in the garb of 'appointment by transfer ' in CSS cadre OMG.

The SC in CRP 193/2013 had defined the appointment by transfer as a simple transfer & negated it as induction or absorption in a CSS cadre. Credible sources revealed that under instruction of the PM Office it is all set to induct another 90 non-cadre officers, transferees and deputationists into regular CSS cadre of OMG.

Many more will be inducted during the last year of the PML-N government. These will be the political appointments and favourits will become part of CSS cadre group without passing CSS examination.

The apex court in its judgment in review petition CRP 193/2013 announced on 5-1-2013: “Any appointment by transfer under Rule 9(1) has to be for a fixed term, and, on completion of such term, the Civil Servant has to join back his parent department. The word “appointment” used in the Rule 6(A) cannot be equated with the word ‘initial appointment’ used in the Act which excludes appointment by transfer and promotion,” the apex court order had stated.

Under Occupational Groups (Probation, Training, Seniority) rules 1990, “Occupational Group or Service’ means any groups or service recruitment to which is made through the competitive examination conducted by the Commission from time to against BPS-17 posts under the Federal Government or any occupational group or service transfer to which is made from the Armed Forces by induction.”

Hence there can’t be any appointment in OMG except through competitive examination, which has been reaffirmed by the apex court in Crl. Org. 89 of 2011 and its review petition CRP 193/2013.

Wrong interpretation of a 10% quota provision, a number of ex-cadre officers were inducted against the cadre posts of the OMG in the past. However, these inductee officers were required to be repatriated to their parent organisations in the light of judgment and Establishment Division (D&L Wing) office memoranda of January 2014.
Source
Govt to face another tough case in SC
Reply With Quote