Khana-e-Kaba

Khana-e-Kaba

Friday, January 14, 2011

Compliance for the FST Judgement


Subject Compliance of Court directions for up gradation of the
Post of Steno typist (B-12), Stenographer (B-15) and
Private Secretary (B-17) to BPS-16, 17 and 18

Sir,
With reference to the Federal Service Tribunal, Islamabad Order dated 06.12.2010 (Annexure “A”) in Appeal No.774 to 778(P)CS/2010 Khalid Riaz & others Vs CGA. According to the directions contained in the said order:-
“ the appellants are Stenotypists and Stenographers. Their request is that their post be upgraded as has been done in the other departments. The request of the appellants shall be considered by the Establishment Division, Controller General of Accounts and Finance Division sympathetically ”.
2. It is humbly requested that the discrimination in this regard may very kindly be removed on the following grounds:-
3 The following precedents of upgradation/ promotion of Stenotypists, Stenographers and Private Secretaries to the next higher scale are quoted below for kind perusal.
(i) In Election Commission of Pakistan, Stenotypist has been promoted to higher scale as Election Officer (BPS-16) vide Notification No.F(I)/2009/2004/Estt:II(I) dated 22.3.2005. (Annexure “B”)

(ii) In Pakistan Railways Department Stenographer (BPS-15) have been promoted to next higher scale (B-16) vide Pakistan Railway, Headquarter office, Lahore. No.561-E/161/APO IV).

(iii) In Workers Welfare Board, Government of Punjab, Stenographers/PAs have 40% quota for promotion to BPS-16 as Stenographers. (Annexure “C”)


(iv) In the Lahore High Court Stenographers/Personal Assistants Upgraded to BPS-17 and Private Secretary upgraded to BPS-18 vide order dated 14-01-2008. (Annexure “D”)

(v) In National School of Public Policy Government of Pakistan Stenographers, PAs upgraded to BPS-16 vide .Notification No. DD-HR-I/2/2008 dated 15th June 2010 (Annexure “E”)

(vi) Quite recently the posts of System Administrators (BPS-15), Data Processing Supervisor and Data Coder have been upgraded to BPS-16 vide CGA Office Notification No. 657/Estt-III/181-C/Court/2008 dated 29-9-2010
(Annexure “F”)

vii) In Federal Board of Revenue, Islamabad, the Stenographers have 10 % Promotion Quota to the post of Superintendent (BPS-16) (Annexure “G”)

FACTS OF THE CASE

a. As a fact, the Stenotypists, Stenographers and Private Secretaries are equally responsible for the objective of the working of all the offices in Pakistan Audit Department. On upgradation of the post of Accountant General, Pakistan Revenues, Islamabad all Provincial Accountants General posts were upgraded to BPS-21 respectively. As such the workload on Stenotypists, Stenographers and Private Secretaries has also been increased correspondingly. Therefore it was essential to consider the post of Stenographer for upgradation for the sake of consistency and to remove discrimination between the employees working in the different departments as enshrined in Act 37 and 38 of the Constitution of Islamic Republic of Pakistan, 1973 which lays down that the economic disparity between the persons employees on similar work should be reduced.
b. That the post of Stenographers were given joint seniority with Audit & Accounts Assistants (BPS-11) - (Now Senior Auditors upgraded to BPS-16 for the purpose of promotion as Accountants (BPS-16)(Now BPS-17 against 33 % quota on the basis of seniority- cum – fitness Vide Finance Division letter No.F.6(22)/72.IV/1468 dated 24th July, 1973 and Auditor General of Pakistan letter No. 618-GBIII/24-73 KW dated 3.8.1982. But later on their promotion of Assistant Accounts Officer against 33% quota was abolished. Selection Grade in any case had been abolished w.e.f 01.12.2001. Obviously, there remain no incentive for Stenotypists, Stenographers and Private Secretaries leaving them with no further chances for career advancement copy enclosed (Annexure “H”)
c. The Stenotypists, Stenographers and Private Secretaries are also not eligible to appear in the Departmental Examinations i.e Divisional Accounts Officers’ Examination and SAS Examination (Now PIPFA) vide No. 125/CGA/01-Exam/2010 dated 15-11-2010 (Annexure “I”)
d. Recently the Establishment Division Government of Pakistan, Islamabad has announced 51 posts of Section Officers by Departmental Examination through Federal Public Service Commission. In terms of their letter No. 13/1/2009.OMG dated 05-07-2010, the employees of Provincial Accountants General are also NOT eligible to appear in the said examination. copy enclosed (Annexure “J”)
e. As regard to the work load of said officers/officials, it is pointed out that District Accounts Officers in 24 Districts and Agency Accounts Officers in 7 Agencies of Khyber Pakhtunkhwa (earstwhile NWFP) were established in March, 1970 for the purpose of salaries/Pension and maintenance of GP Fund accounts of all Government servants serving there. The Accountant General and the Supervisory officers of the same level have to contact the officers on telephone to collect the official information resulting additional work load on Stenotypists, Stenographers and Private Secretaries.
f. The PIFRA has also been introduced and all the District Accounts Offices and certain Agency Accounts Offices have been computerized. Again the Stenographers and Steno typists have to arrange to contact the District/Agency Accounts Offices to collect information about PIFRA.
g. That on devolution during 2001 each District Accounts Office has to maintain three sets of Accounts i.e.

(i) Monthly Account of Federal transactions at District level (except at Peshawar) for submission to AGPR Sub-office Peshawar.

(ii) Monthly Accounts of Provincial transaction (Account-I) for submission to Khyber Pakhtunkhwa.

(iii) Monthly Accounts of District Government (Account-IV) for submission to District Government, AG Khyber Pakhtunkhwa and the Provincial Government. With devolution of contacts of AG and supervisory officers with District Accounts Office through Stenotypist, Stenographer and Private Secretaries has increased.

4. That with the expansion of developmental activities in all offices of the Provincial Government as well as District Government, establishment of District/Agency Accounts Offices in all Districts/Agencies of Khyber Pakhtunkhwa introduction of PIFRA, Computerization of Accounts & Pay Roll and devolution the work load on Stenotypists, Stenographers and Private Secretaries has also increased and is of multifarious nature.
5. That due to upgradation of the posts of Junior Auditor, Senior Auditor, Assistant Accounts Officers, Divisional Accounts Officers and Accounts Officers, the Stenotypists/Stenographer became Junior/inferior because before upgradation, the Stenotypists were in BPS-12 while Senior Auditors in BPS-11, Stenographer were in BPS-15 while Senior Auditors in BPS-11. Now Senior Auditors upgraded to BPS-14 and BPS-16 while the Stenographer in BPS-15.
6. That aggrieved of unfair and discriminatory treatment meted out to the appellant was stenographer in respect of his pay scale where he has to perform more arduous and heavy work to perform, he preferred departmental appeal (Para 3 above) giving an elaborate and detail account of his grievances as to how he was treated unfairly and discriminatory in the matter of his career advancement.
7. That the constitution and system of the Islamic Republic of Pakistan attaches far most importance in the administrative matters relating to the appointment and career building of Civil servants, who are required to perform important duties in public interest. Refusal of opportunity of career advancement for indefinite period in one of the Government department is against all norms of service, justice, equity, good conscious and fair play. It negates the principle of legitimate expectancy, where a civil servant is left to rather in one grade for the rest of his career without any fault on his part in a particular department whereas other employed on the same and specific duties enjoy all rights for their career advancement. Under clause of Article 35 of the Constitution of Islamic Republic of Pakistan, 1973 it has been made mandatory to the State to reduce disparity in the income and earning of individuals including persons in various classes of the service of Pakistan by providing equal opportunities to all of their career advancements. The Government has ample power to act in aid to justice to remove inequitous treatment meted out to a civil servant. An unjust treatment to a civil servant is injurious to congenial atmosphere in an organization. It is likely to generate rivalries frustration and consequential inefficiency.
8. That treatment of civil servants in accordance with law and justice and fair manner in the matter of advancement of their career is of permanent importance for good governance. Otherwise their commitment to the job, dedication to duty, his power to take decision and even his integrity might be confined to the casualty word (Reliance is placed on 2004 (Service) 49.
9. That it has been held in a case reported as PLJ 2005 SC 435, that, Government of Pakistan, would secure well being of people by raising their standard of living by ensuring equal adjustment of rights between employees and providing all citizens within available resources of country facilities for work and adequate livelihood and reduce disparity in income and earning of the individual.
10. That in view of all factors, the Stenotypists , Stenographers and Private Secretaries in Pakistan Audit & Accounts Department deserve upgradation to BPS-16,17 and 18 due to tremendous increase in their work and to bring them at par with other employees performing more or less the similar function for smooth functioning to the official work.
11. The appointment of Naib Qasid (BPS-2) is also interested one. There is no prescribed qualification for the same. A Naib Qasid while attaining the qualification of Matric becomes eligible for promotion as Junior Auditor (BPS-11) The series of further promotion of the same Naib Qasid continuous ironically up-to the post of Additional A.G There is no such provision in the rules for promotion of Stenotypists, Stenographers on the basis of seniority-cum-fitness.
12. On 2-4-2010 before upgradation of the posts, the Private Secretaries and Accounts Officers were in BPS-17. But on 3-4-2010, the Accounts Officers were upgraded to be BPS-18 while the Private Secretaries remained in BPS-17 which is discrimination.
13. In view of the facts stated above, it is requested that upgradation of the posts of Stenotypists (BPS-12), Stenographer (BPS-15) and Private Secretaries (BPS-17) in Pakistan Audit & Accounts Department to BPS-16, 17 and 18 respectively may kindly be recommended to the Ministry of Finance and the Establishment Division for sympathetic consideration as recommended by the Federal Service Tribunal Islamabad (Annexure “A”) and approval on compassionate grounds to bring them at par with other employees for smooth functioning of the official work.

Yours Obediently

Appeallant No.774 to 778(CS(2010

7 comments:

  1. Due to heavy burden as well as fatigue of work the scales of stenos must be upgraded in order to save them from isolation and complex

    ReplyDelete
  2. of course. Actually an employee who is appointed as UDC or LDC reaches the peak of promotion till level of Director, General Manager or Member of his department by getting promotions, if we see his basic qualification he would be metric or FA. But this case is different with steno-typists, stenographers and private secretary which is against rights of equity and equality. It should be indiscriminate and equalized.

    ReplyDelete
  3. CONGRATULATION. All these fruitful news about the up-gradation of PS,PA,Stenographer and Steno typist is the efforts of Khalid Riaz. We have to contribute with Mr. Khalid Riaz at least after Receiving the Notification.

    ReplyDelete
  4. Well done. we appreciate the way u struggled for the cause of stenos.

    ReplyDelete
  5. someone have any news about upgradation of Stenographers in Punjab. Waseem

    ReplyDelete
  6. Whats about Notification in Punjab ?????

    ReplyDelete
  7. Compliance for the FST Judgement

    KARACHI: The Federal Service Tribunal, Islamabad has directed Secretary Establishment Division (Cabinet Secretariat) and Secretary Finance Division (Regulatory Wing) to decide the claims of Data Control Assistants (BPS-10) for up gradation to (BPS-16) with the designation of Data Processing Assistant.
    The Tribunal has also directed the secretaries to submit a compliance report to the Registrar of the tribunal within four months counting from January 10, 2013.
    According to details, 26 appellants are working as Data Control Assistant (BS-10) in Customs House Karachi. They preferred departmental appeals on different dates which were remained unresponded and they after waiting for the statutory period of 90 days invoked the jurisdiction of Federal Service Tribunal praying processing of their case for up gradation of the post of Data Control Assistant (BS-10) to Data Processing Assistant (BS-16).
    The Tribunal observed that yardsticks were being used by the departments and government for upgradation and redesignation. The appellants were being frustrated which leads to corruption and inefficiency.
    The government being a benevolent employer, has to take appropriate measures to eradicate discrimination and disparity among the employees in different departments keeping in view Articles 2, 2-A, 3, 9, 14, 18, 20, 25, 27, 30, 31, 37 and 38 of the Constitution of Islamic Republic of Pakistan.
    Good governance and natural justice demands a reasonable and proper resolution of the claim of the appellants, the Tribunal noted and directed the Federal Board of Revenue And Chief Coordinator Computerization and Programming, Computer Bureau, Custom House to resolve the long standing issue of disparity in pay scales of various classes of service of Pakistan.
    Since all the Data Control Assistants perform similar function and are placed in similar circumstances, it will therefore be not proper to give lower scale to data control assistant in one department/division and allow higher scale to the data control assistant in other departments/divisions.
    The Federal Service Tribunal disposed of the appeal.

    ReplyDelete

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