ISLAMABAD: The Intelligence Bureau, the oldest civil spy agency of the country, is about to be hit by an administrative tsunami due to the government’s decision to reinstate the agency’s more than 2,400 sacked political appointees of Benazir Bhutto’s second regime.

With this reinstatement, the IB, whose present strength of employees is around 5,000, would swell by 50 per cent of its current size, but what really haunts the organisation is the administrative chaos that seems to be imminent and would badly affect the performance of this spy agency.

While the cabinet has decided to reinstate such sacked political appointees to fulfil one of its election promises, what has been simply ignored is that most of such appointees had exhausted all legal means and were declared lawfully removed even by the apex court of the country. However, despite this the government decided to reinstate them with back dated benefits of three years and against one-step higher post.

“Such a reinstatement would be illegal thus would open floodgates of litigation against the government,” a source said, adding that this was the precise reason that Law Minister Farooq H Naek had opposed the move but he was silenced by his other colleagues.

In 1995, according to a source, the government had decided to expand the IB network and created 8,000 new temporary posts, which were generally filled on political recommendations instead of merit and following transparent recruitment procedure.

However, in 1997, the then caretaker government of Malik Meraj Khalid decided to scrap the expansion plan of the IB, as a result about 2,400 junior most officers and officials appointed against those temporary posts were terminated in accordance with Section 11(i) of Civil Servants Act 1973.

The terminated employees, who included about 120 assistant directors and 1,000 inspectors went into the appeal process. According to a source about 950 appeals and writ petitions were filed which were rejected at all levels and the case finally reached Supreme Court. The apex court, it is said, while giving its judgment in Civil Appeals No. 1582/97 after detailed hearing dismissed 96 appeals on merit and decided that the employees had been dismissed in accordance with law.

After the apex court decision, the then government’s decision to sack these employees gained finality in legal terms and there is now no lawful recourse to undo the decision, except for a constitutional amendment. The cabinet, however, despite repeated cries of Naek, overlooked this aspect of the reinstatement, which is also expected to shake certain other organisations too where similar reinstatements are being done in violation of the court order. A total of 7,700 employees belonging to different organisations are being re-instated.

The IB is expected to be hurt more for the reason that after the 1995-96 political appointments and the consequent sacking of its political appointees, the organisation developed and implemented radical changes in its appointment process to ensure merit in recruitment. It was made mandatory that appointments in BPS-16 and above grades be made through the Federal Public Service Commission (FPSC), which conducts competitive exams to select the candidates.

Appointments in lower grades are also made through competitive exam by the department. From year 2001, the IB started recruiting officers through the FPSC, which annually conducts competitive exam for assistant directors and deputy directors for which around 8,000 to 10,000 candidates compete throughout the country.

The sacked employees, now being reinstated, were generally recruited on political grounds and had served only for six months in the department. Now with their reinstatement, they would be given one step higher post, which means they would become senior to those, who were either recruited through the FPSC/departmental competitive process or were promoted on the basis of their vast experience.

Those within the organisation fearing serious administrative chaotic situation argue that the appointment of a deputy director in BS-18 requires five years of relevant experience, while those appointed as assistant director on political grounds but removed more than 10 years back would be made deputy director despite having only six months of work experience.

“It would shatter the administrative structure of IB and most of the officials presently working in the IB would be left with minimum chances of ever being promoted,” a source said, adding that besides leading to massive litigation, the decision would also badly effect the performance of the agency and politicise it too. Reinstatement, it is said, is only possible where the original posts exist. However, in case of the IB the expansion plan was scrapped and new posts then created were abolished too.

http://www.thenews.com.pk/top_story_detail.asp?id=19901

Now what will be the future of fresh recruitment in IB

will political recruitment has its effect on fresh recruitment??

still FPSC has confirmation about results??

Ordinance to reinstate employees promulgated

By Nasir Iqbal

ISLAMABAD, Feb 14: President Asif Ali Zardari on Saturday promulgated an ordinance to reinstate people removed from service between Nov 1996 and Dec 1998. The ordinance will apply to those employees who were sacked after the dismissal of the Benazir Bhutto government in Nov 1996. It would cover stateowned corporations, autonomous and semi-autonomous bodies and government organisations.
However, the cases of those dismissed, removed or terminated from service on account of closure of organisation, absence from duty, misappropriation of government money and medical unfitness will be reviewed by a board to be headed by a retired judge of the Supreme Court or a high court and com prising secretaries of law and establishment division.

A cabinet committee had on Jan 22 approved reinstatement of about 7,700 government employees sacked between Nov 1996 and Dec 1998. They had been recruited between Nov 1993 and Nov 1996 during the PPP’s third stint in power. The plan will cost the national exchequer Rs7-8 billion over three years, besides a recurring cost of Rs2 billion a year.

These employees have been sacked from the State Life Insurance, Utility Stores Corporation, Pakistan Tourism Development Corporation, Zarai Taraqiati Bank Limited, SSGC, SNGPL, Pakistan State Oil, Oil and Gas Development Corporation, Pakistan Baitul Maal, Pakistan International Airlines, Civil Aviation Authority, Intelligence Bureau and ministries of education and health.

On reinstatement in service, a fourpage ordinance said, every employee in the corporation or government service would be paid compensation equal to three years emoluments or the pay-scale in which he would be placed.

The first emolument will be equal to 12 months of dues on reinstatement and the second and third on Jan 1, 2010, and Jan 1, 2011, respectively.

However, the employee will not be entitled to claim seniority or arrears of pay or other service benefits and will be required on reinstatement to submit a surety bond in the form specified for the purpose.

The sacked employees will be offered one scale higher than their substantive scale of the post at the time of termination of service.

According to the ordinance, any person dismissed, removed or terminated from service on account of closure of organisation, absence from duty, misappropriation of government money or medical fitness will prefer a petition before the review board within 60 days of commencement of the ordinance. The board will decide the case within 30 days of its first hearing and will have the power to confirm or set aside vary or modify the order on consideration of the review petition.

The order of the review board will be final and could not be called in question in any court, authority or a tribunal.

Any person in the corporation or government service who held the post on contract against a regular post and his contract was extended at least once but subsequently was dismissed will be reinstated immediately and adjusted against regular post.

Similarly, those on contract against a temporary post will be reinstated immediately for the remaining portion of his contract. Those who were given forced golden handshake will be reinstated immediately but have to reimburse all monetary benefits received by them.

The ordinance will override all other laws in force or judgment of any tribunal or court, including the Supreme Court and high court.

islamabad, feb 14: president asif ali zardari on saturday promulgated an ordinance to reinstate people removed from service between nov 1996 and dec 1998. the ordinance will apply to those employees who were sacked after the dismissal of the benazir bhutto govern- ment in nov 1996. it would cover state- owned corporations, autonomous and semi-autonomous bodies and govern- ment organisations. however, the cases of those dis- missed, removed or terminated from service on account of closure of organi- sation, absence from duty, misappropri- ation of government money and medical unfitness will be reviewed by a board to be headed by a retired judge of the supreme court or a high court and com- prising secretaries of law and establish- ment division. a cabinet committee had on jan 22 approved reinstatement of about 7,700 government employees sacked between nov 1996 and dec 1998. they had been recruited between nov 1993 and nov 1996 during the ppp’s third stint in pow- er. the plan will cost the national ex- chequer rs7-8 billion over three years, besides a recurring cost of rs2 billion a year. these employees have been sacked from the state life insurance, utility stores corporation, pakistan tourism development corporation, zarai taraqiati bank limited, ssgc, sngpl, pakistan state oil, oil and gas development corporation, pakistan baitul maal, pakistan international airlines, civil aviation authority, intelligence bureau and ministries of education and health. on reinstatement in service, a four- page ordinance said, every employee in the corporation or government service would be paid compensation equal to three years emoluments or the pay-scale in which he would be placed. the first emolument will be equal to 12 months of dues on reinstatement and the second and third on jan 1, 2010, and jan 1, 2011, respectively. however, the employee will not be entitled to claim seniority or arrears of pay or other service benefits and will be required on reinstatement to submit a surety bond in the form specified for the purpose. the sacked employees will be offered one scale higher than their substantive scale of the post at the time of termina- tion of service. according to the ordinance, any person dismissed, removed or terminated from service on account of closure of organisa- tion, absence from duty, misappropria- tion of government money or medical fit- ness will prefer a petition before the re- view board within 60 days of commence- ment of the ordinance. the board will de- cide the case within 30 days of its first hearing and will have the power to con- firm or set aside vary or modify the order on consideration of the review petition. the order of the review board will be final and could not be called in question in any court, authority or a tribunal. any person in the corporation or gov- ernment service who held the post on contract against a regular post and his contract was extended at least once but subsequently was dismissed will be rein- stated immediately and adjusted against regular post. similarly, those on contract against a temporary post will be reinstated imme- diately for the remaining portion of his contract. those who were given forced golden handshake will be reinstated im- mediately but have to reimburse all monetary benefits received by them. the ordinance will override all other laws in force or judgment of any tribu- nal or court, including the supreme court and high court.

Source:-
http://epaper.dawn.com/ArticleText.a...2_2009_001_014

Dawn, Lahore, Sunday February 15, 2009 (Main Page)

Personal Note:- Well, when our economy is already crumbling & loan from IMF ,...... under such unconginial circumstances I hope it'll be a good decision to negate all norms of merit & civilized world & it'll be a gift for our economy perhaps from the current govt.

All forms of Indirect Taxes are increased ...... be it telcom sector or the petro-chemicals or otherwise.... subcidies are history for electricity fertilizer pertroleum etc. Higher Education is not considered a necessacity for Pakis.... as cuts in the budget and halting of already started devlepments programs.....
These are a few of the gifts of democracy(Paki version) we all may enjoy......

Street crime increasing day by day..... Drone attacks more than ever before not restricted to air attacks but also ground attacks as well...... perhaps gone are the good old days of merit & good governance

Views & Comments from other prestigious members are awaited.

best regards,
sincerely,
Noman !