Thread: PCS/PMS News
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Old Wednesday, February 24, 2010
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Default PCS officers in the Supreme Court

Sixteen PCS (Provincial Civil Services) officers in the four provinces filed in the Supreme Court on Saturday petitions seeking appointment of officers of their service in place of District Management Group employees on all administrative posts under provincial governments.
Advocate Akram Sheikh, who had earlier challenged the promotion of 54 civil servants to grade-22, is representing the PCS officers from Punjab, Sindh, NWFP and Balochistan. The petitioners requested the court to declare the Civil Service of Pakistan (Composition and Cadre) Rules, 1954, and Sharing Formula of 1993 as illegal and unsustainable.

They contended that most of the members of the Provincial Selection Board (PSB) had which promoted them were DMG officers and there was no representation of the PCS.

The petitioners requested the apex court to annul the creation of DMG under SRO 2/2/74 ARC of Feb 23, 1974, by declaring it to be against Article 240 (appointments to service of Pakistan and conditions of service) of the Constitution.

The problems of PCS officers, they pleaded, were compounded when the Punjab Provincial Management Services (PMS) Rules providing mandatory training for promotion to grade 18 to 21 were promulgated on Jan 17, 2004.

The petitioners said that the management of training courses and selection of officers were with the powerful DMGs. “Hundreds of officers who are mature for being considered for promotion are sidelined in the guise of the rules and not promoted despite availability of posts in higher grades,” they said, adding that since the option of getting training was not in the hands of PCS officers, most of the 1996 batch of PCS officers were yet to get training. “It is a lapse on the part of S&GAD, Punjab, being ruled by DMG officers, but PCS officers suffer. The only training institution in the province -Management and Professional Development Department -- in Lahore runs only one course for about 2030 officers per year. The officers will have to wait endlessly for promotion. At the present pace, the PCS batch of 2009-10 will have to wait for this training till 2027 or even later,” the petitioners said.

PCS officers from Punjab requested the apex court to direct the Punjab government to immediately arrange promotion of officers who had been denied the opportunity for no fault of theirs. The promotion, they said, would bring these officers at least on a par with PCS officers of other provinces.

The petitioners also sought compensation for financial loss, loss of seniority and other privileges of higher posts.

They said the Provincial Management Services Rules, which provided for compulsory waiting period in BS 18, 19 and 20 for promotion to BS 19, 20 and 21, should be declared as ultra vires of Section 8 of the Punjab Civil Servant Act, 1974, and also discriminatory and ‘Punjab-specific’ and made with mala fide intention.

They said: “The Punjab government should be directed to arrange training of PCS officers when they reach the promotion zone and in case the government fails to do so, the affected officers be deemed to have been exempted from such training and considered for promotion to higher posts.

“The officers of all batches up to 2004 should also be exempted from mandatory training because prior to June 2004, pre-promotion training was not mandated.”

islamabad, feb 20: sixteen pcs (provincial civil services) officers in the four provinces filed in the supreme court on saturday petitions seeking appoint- ment of officers of their serv- ice in place of district management group employ- ees on all administrative posts under provincial govern- ments. advocate akram sheikh, who had earlier challenged the promotion of 54 civil serv- ants to grade-22, is represent- ing the pcs officers from punjab, sindh, nwfp and balochistan. the petitioners requested the court to declare the civil service of pakistan (composition and cadre) rules, 1954, and sharing formula of 1993 as illegal and unsustainable. they contended that most of the members of the provincial selection board (psb) had which promoted them were dmg officers and there was no representation of the pcs. the petitioners requested the apex court to annul the creation of dmg under sro 2/2/74 arc of feb 23, 1974, by declaring it to be against article 240 (appointments to service of pakistan and condi- tions of service) of the constitution. the problems of pcs offi- cers, they pleaded, were com- pounded when the punjab provincial management ser- vices (pms) rules providing mandatory training for pro- motion to grade 18 to 21 were promulgated on jan 17, 2004. the petitioners said that the management of training courses and selection of offi- cers were with the powerful dmgs. “hundreds of officers who are mature for being con- sidered for promotion are sidelined in the guise of the rules and not promoted de- spite availability of posts in higher grades,” they said, add- ing that since the option of getting training was not in the hands of pcs officers, most of the 1996 batch of pcs officers were yet to get training. “it is a lapse on the part of s&gad, punjab, being ruled by dmg officers, but pcs officers suf- fer. the only training institu- tion in the province -- management and professional development department -- in lahore runs only one course for about 20- 30 officers per year. the offi- cers will have to wait endless- ly for promotion. at the pres- ent pace, the pcs batch of 2009-10 will have to wait for this training till 2027 or even later,” the petitioners said. pcs officers from punjab requested the apex court to direct the punjab government to immediately arrange pro- motion of officers who had been denied the opportunity for no fault of theirs. the pro- motion, they said, would bring these officers at least on a par with pcs officers of other provinces. the petitioners also sought compensation for financial loss, loss of seniority and oth- er privileges of higher posts. they said the provincial management services rules, which provided for compulso- ry waiting period in bs 18, 19 and 20 for promotion to bs 19, 20 and 21, should be declared as ultra vires of section 8 of the punjab civil servant act, 1974, and also discriminatory and ‘punjab-specific’ and made with mala fide intention. they said: “the punjab government should be direc- ted to arrange training of pcs officers when they reach the promotion zone and in case the government fails to do so, the affected officers be deemed to have been exemp- ted from such training and considered for promotion to higher posts. “the officers of all batches up to 2004 should also be ex- empted from mandatory training because prior to june 2004, pre-promotion training was not mandated.”
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