SC moved against CSP rules

ISLAMABAD All the four provinces on Saturday filed separate petitions in the Supreme Court pleading the court to declare the Civil Service of Pakistan (Composition and Cadre) Rules, 1954 and Sharing Formula of 1993 as illegal, ultra vires and unsustainable. The pleas also sought the apex courts observations on the matter that 95 percent of the Central Superior Services (CSS) employees had always been appointed on the senior positions contrary to the contract which had entered into 54 year. The Sanction 10 of the Independent Act 1947 has also been challenged first time in the history of Pakistan. Barrister Akram Sheikh, who is the counsel for all gazetted officers, 0filed applications, seeking the apex courts instructions on the point why the Federal Government has always been appointing the CSS officers on the senior posts in the provinces since 1947. He filed the petitions under Article 184 (3) of the Constitution praying that creation of the DMG under SRO 2/2/74 ARC dated 23-2-1974 might be declared ultra vires of Article 240 of the Constitution. Manzoor Hussain, President PCS Officers Welfare Association Punjab, Abdul Saboor Kakar, General Secretary PCS Officers Association Balochistan, Tameez-ud-Din Khero, Regional Director Project Management Unit Hyderabad, Mohammad Khalid Khan Umerzai Commissioner Kohat Division, President Federation of All-Pakistan Provincial Civil Service Associations and several others officers are altogether party in the case. The federation through the Secretary Establishment Division and chief secretaries of all provinces has been made respondent in the pleas. The petitioners contended that the apex court might give its deliberations on the matter that there was no allocation of posts in favour of the All Pakistan Unified Groups purporting to be in existence in accordance with the PMS, SMS, BMS and NWFP Management Service Rules. All administrative posts under the governments of all the provinces specified in the Management Service Rules, 2004 may be directed to be filled in only in accordance with the method provided therein i.e. 100 percent promotion of the officers, the petitions further prayed. The Provincial Management Services Rules, in so far as these rules provide for compulsory waiting period in BS 18,19 and 20 respectively for promotion to BS 19, 20 and 21, may kindly be declared as ultra vires of Section 8 of the Punjab Civil Servant Act, 1974 and also discriminatory and Punjab Specific only was made with mala fide intention, they contended. The provinces should be directed to arrange training of the PCS officers when they reach the promotion zone; and in case the Government fails to do so, the affected officers may be deemed to have been exempted from such training and considered for promotion to the higher posts, the petitioners further contended. The petitioners also prayed to consider the incumbent rules of promotion comparing British Government Provincial Civil Service rules of 1935, which only promoted Europeans.

ePaper - Nawaiwaqt