ESTABLISHMENT DIVISION, NOTIFICATION NO.SRO.1530(I)/73, DATED 3rd November, 1973.
In exercise of the powers conferred by Section 25 of the Civil Servants Act; 1973 (LXXI of 1973), the President is pleased to make the following rules:-
1. (I) These rules maybe called the Civil Servants ( Change in Nomenclature of Services and aboltion of Classes) Rules, 1973.
(2) They shall come into force at once.
2. In these rules, unless there is anything repungnant in the subject or context,-
(I) "Classes' means Class I, Class II (non-Gazetted) Class III and Class IV, in which the civil pots and services are classified under the Civil Services (Classification, Control and Appeal) Rules or any other rules or orders for the time being in force;
(2) 'Federal Unifed Grades' comprise all services and civil posts connected with the affairs of the Federation other than those included in the All Pakistan Unified Grades under the All PakistanServices (Change in Nomenclature) Rules, 1973;
(3) 'Grade' means a National Scale of Pay in which a post or group of posts in placed;
(4) 'Services' means the civil services of the Federation.
3. Notwithstanding anything contained in any rules, order, resolution or instruction , te names of services a4re, with immediate effect, changed to Federal Unified Grades and all references to a service in any rules, order, resolution or instruction shall, consistent with the subject context, be construed as refrence to the resective Federal Unified Grade.
Explanation.- For the purposes of this rule and rule 5, ' respective Federal Unified Grade' means the Grade to which a civil servant is fetitled in respect of his existing post under the National Scales of pay.
4. All Civil posts connected with the affairs of the Federation, not being posts in the All Pakistan Unified Grades, shall belong to one of the Federal Unified Grades.
5. All persons who immediately before the coming into force of these rules were members of a service or held a civil post connected with the affairs of the Federation, not being a post in the All Pakistan Unified Grades, are appointed in their exsting posts to the respective Federal Unified Grades.
6. Notwithstanding anything contained in the Civil Services(Classification, Control and Appeal), Rules and any other rules, or orders for the time being in foce, all classes and classifications of services and posts as gazetted and non-gazetted are abolished.
7. For the purposes of applications of any existing rule, order of instruction, reference toa class or to a post as gazetted or non-gazetted shall be construed as reference to the corresponding *Grade as specified in the table below:-
Class - Gazetted posts Correspondng Grades
(1) Class I......................(1) Grade 17 to 23.
(2) Class II....................(2) Grade 16.
Non-Gazetted posts
(3) Class II....................(3) Grades 11 to 15.
(4) Class III..................(4) Grades 3 to 10.
(5) Class IV...................(5) Grades 1 and 2.
8. Notwithstanding anything contained in any rule, order or instruction, all reservations or posts for purposes of appointment, promotion or transfer in favour of persons belonging to a particular service or cadre, or holding a particular post, are abloshed.
(Authoristy.-Estt.Division D.O letter No.5/1/73-ARC.II dated 30-10-1973].
Tuesday, December 27, 2011
Sunday, December 25, 2011
CONGRATUALATIONS NOTIFICATION ISSUED AND THIS WILL IMPLEMENT ON FEDERAL AND PROVINCIAL GOVERNMENTS
Copies endorsed to all Chief Secretaries and Finance Secretaries
GOVERNMENT OF PAKISTAN
FINANCE DIVISION
(REGULATIONS WING)
F.No.19(55)Legal-II/2010-1055 Dated: 23/12/2011
OFFICE MEMORANDUM
SUBJECT: UPGRADATION OF THE POSTS OF STENOTYPIST, STENOGRAPHER AND PRIVATE SECRETARY
The undersigned is directl to say that consequent upon approval of the Prime Minister of Pakistan, the posts of Private Secretaries, Stenographers and Stenotypists have been upgraded with immediate effect subject to fulfillment of the condition mentioned against each:-
1. PS BS 17 Will continue to remain in BS-17 and will be granted BS-18 after putting in 5 years satisfactory service instead of 7 years. The Private Secretaries in BS-18 will further be granted BS-19 after putting in 12 years service in BS-17 and above taking benefit of Establishment Divisions O.M No.1/9/80-R-II dated 2.6.1983. However, on grant of BS-19 nomenclature of the post will be Senior Private Secretary.
The existing Private Secretaries in BS-17 will be granted BS-18 on one time basis, irrespective of their length of service in BS-17.
2. Stenographers BS-15 to BS-16 With enhancement of qualification for initial appointment from Intermediate to Graduation.
3. Stenotypist BS-12 to BS-14 With enhancement of qualification for initial appointment from Matriculation to Intermediate.
The incumbents of the upgraded posts will also stand upgraded and their pay will be fixed at the stage next above their basic pay in their lower pay scales.
2. The Establishment Division will amend the recruitment rules of the above said posts, accordingly.
Sd/-
(Muhammad Azam Awan)
Section Officer (R-1)
All Ministries/Divisions/Departments.
FINANCE DIVISION
(REGULATIONS WING)
F.No.19(55)Legal-II/2010-1055 Dated: 23/12/2011
OFFICE MEMORANDUM
SUBJECT: UPGRADATION OF THE POSTS OF STENOTYPIST, STENOGRAPHER AND PRIVATE SECRETARY
The undersigned is directl to say that consequent upon approval of the Prime Minister of Pakistan, the posts of Private Secretaries, Stenographers and Stenotypists have been upgraded with immediate effect subject to fulfillment of the condition mentioned against each:-
1. PS BS 17 Will continue to remain in BS-17 and will be granted BS-18 after putting in 5 years satisfactory service instead of 7 years. The Private Secretaries in BS-18 will further be granted BS-19 after putting in 12 years service in BS-17 and above taking benefit of Establishment Divisions O.M No.1/9/80-R-II dated 2.6.1983. However, on grant of BS-19 nomenclature of the post will be Senior Private Secretary.
The existing Private Secretaries in BS-17 will be granted BS-18 on one time basis, irrespective of their length of service in BS-17.
2. Stenographers BS-15 to BS-16 With enhancement of qualification for initial appointment from Intermediate to Graduation.
3. Stenotypist BS-12 to BS-14 With enhancement of qualification for initial appointment from Matriculation to Intermediate.
The incumbents of the upgraded posts will also stand upgraded and their pay will be fixed at the stage next above their basic pay in their lower pay scales.
2. The Establishment Division will amend the recruitment rules of the above said posts, accordingly.
Sd/-
(Muhammad Azam Awan)
Section Officer (R-1)
All Ministries/Divisions/Departments.
Copy forwarded to:
1. Presidents Secretariat (Public, Personal) Islamabad.
2. Prime Ministers Secretariat Internal and Public Islamabad.
3. National Assembly, Senat Islamabad.
4. Supreme Court of Pakistan Islamabad.
5. CGA, Islamabad
6. All Chief Secretaries/Finance Secretaries of the Government of Punjab/Sindh/KPK/Balochistan & Azad State of Jammu & Kashmir.
7. Auditor-General of pakistan.
8. DG Post Offices, Islamabad.
UPGRADATION NOTIFICATION EXPECTED TOMORROW
After the clarification issued by Establishment Division now the Upgradation Notification in process and with Joint Secretary (Regulations) Finance Division. Upgradation Notificatin expected Tomorrow.
Friday, December 23, 2011
CLARIFICATION MEMO RECEIVED FROM ESTABLISHMENT DIVISION TO FINANCE DIVISION
GOVERNMENT OF PAKISTAN
CABINET SECRETARIAT
ESTABLISHMENT DIVISION
***************************
Subject: UP-GRADATION OF THE POSTS OF STENOTYPIST,STENOGRAPHER AND PRIVATE SECRETARY.
Reference Finance Division's U.O No.F.19(55) Legal-II/2010-1055, dated 22.12.2011 on the above subject.
2. In order to implement the judgement of FST and advice tendered by Law, Justice and Parlimentary Affairs Division vide U.O No.630/2011-Law-I, dated 11.7.2011 the matter for up-grading the post of Private Secretary from BPS-17 to BPS-18 has been examined in Establishment Division. The clarifications on the points raised by Finance Division are as under:-
Clarification regarding(c)
-------------------------
(i) Presently Private Secretaries (BPS-17) are granted BPS-18 after putting in seven years satisfactory service in terms of Establishment Division's O.M No.4/1/98-R-6 dated 4.2.2009. It has been decided that in future they should be granted BPS-18 after putting in five years satisfactory service, as prescribed for general policy for promotion contained in vide Establishmnt Division's O.M No.1/9/80-R-2 dated 02.06.1983.
Clarifications regarding (d)
---------------------------
(ii) Stenographers are eligible to appear in the promotional examination for the post of Section Officer (BPS-17).
(iii) Stenographers are also eligible for promotion to the post of Private Secretary (BPS-17).
(iv) Candidates after qualifying the CSS examination are appointed to posts in BPS-17 in various Occupational Groups/Services.
(v) Keeping in view of the position at (ii) to (iv) it has been decided that all existing Private Secretaries working in BPS-17 may be granted BPS-18 on a one time basis. In future the post of Private Secretary shall remain in BPS-17, instead of up-grading the post to BPS-18 which could result in providing an avenue of promotion to Stenographers directly to BPS-18 post.
Sd/-
(Zulfiqar Ali Shah)
Deputy Secretary
Finance Division (Mr.Muhammad Hanif, JS (Reg) Islamabad.
-------------------------------------------------------------
Establishment Division's U.O No.1/3/2008-R-6 dated 23.12.2011
CABINET SECRETARIAT
ESTABLISHMENT DIVISION
***************************
Subject: UP-GRADATION OF THE POSTS OF STENOTYPIST,STENOGRAPHER AND PRIVATE SECRETARY.
Reference Finance Division's U.O No.F.19(55) Legal-II/2010-1055, dated 22.12.2011 on the above subject.
2. In order to implement the judgement of FST and advice tendered by Law, Justice and Parlimentary Affairs Division vide U.O No.630/2011-Law-I, dated 11.7.2011 the matter for up-grading the post of Private Secretary from BPS-17 to BPS-18 has been examined in Establishment Division. The clarifications on the points raised by Finance Division are as under:-
Clarification regarding(c)
-------------------------
(i) Presently Private Secretaries (BPS-17) are granted BPS-18 after putting in seven years satisfactory service in terms of Establishment Division's O.M No.4/1/98-R-6 dated 4.2.2009. It has been decided that in future they should be granted BPS-18 after putting in five years satisfactory service, as prescribed for general policy for promotion contained in vide Establishmnt Division's O.M No.1/9/80-R-2 dated 02.06.1983.
Clarifications regarding (d)
---------------------------
(ii) Stenographers are eligible to appear in the promotional examination for the post of Section Officer (BPS-17).
(iii) Stenographers are also eligible for promotion to the post of Private Secretary (BPS-17).
(iv) Candidates after qualifying the CSS examination are appointed to posts in BPS-17 in various Occupational Groups/Services.
(v) Keeping in view of the position at (ii) to (iv) it has been decided that all existing Private Secretaries working in BPS-17 may be granted BPS-18 on a one time basis. In future the post of Private Secretary shall remain in BPS-17, instead of up-grading the post to BPS-18 which could result in providing an avenue of promotion to Stenographers directly to BPS-18 post.
Sd/-
(Zulfiqar Ali Shah)
Deputy Secretary
Finance Division (Mr.Muhammad Hanif, JS (Reg) Islamabad.
-------------------------------------------------------------
Establishment Division's U.O No.1/3/2008-R-6 dated 23.12.2011
Thursday, December 22, 2011
CLARIFICATION REGARDING PRIVATE SECRETARIES UPGRADATION
Government of Pakistan
Finance Division
Regulations Wing
***************
Subject: UPGRADATION OF THE POSTS OF STENOTYPIST STENOGRAPHER AND PRIVATE SECRETARY.
Reference Prime Minister's Secretariat U.O. No.3857/PSPM/2011 dated 17.12.2011, addressed to the Finance Secretary with a copy endorsed to the Establishment Secretary on the above noted subject.
2. At para - 10 of the Establishment Division's U.O No.1/3/2008/R-6 dated 9.12.2011, it has been stated that the post of Private Secretary BS-17 may continue to remain in BS-17 and may be granted BS-18 after putting in 5 years satisfactory service instead of seven years. However, at para (d) of the U.O ibid it has been stated that the existing Private Secretaries in BS-17 may be granted BS-18 on one time basis.
3. The Establishment Division is requested to clarify whether the existing Private Secretaries in BS-17 are to be granted BS-18 on one time basis irrespective of their length of service in BS-17.
Sd/-
Joint Secretary (Regs)
Establishment Division (Mr.Ghulam Safdar, Sr.Joint Secretary) Islamabad
---------------------------------------------------------------------------
Fin Div. U.O No.F.19(55) Legal-II/2010-1055 Dated 22.12.2011
Finance Division
Regulations Wing
***************
Subject: UPGRADATION OF THE POSTS OF STENOTYPIST STENOGRAPHER AND PRIVATE SECRETARY.
Reference Prime Minister's Secretariat U.O. No.3857/PSPM/2011 dated 17.12.2011, addressed to the Finance Secretary with a copy endorsed to the Establishment Secretary on the above noted subject.
2. At para - 10 of the Establishment Division's U.O No.1/3/2008/R-6 dated 9.12.2011, it has been stated that the post of Private Secretary BS-17 may continue to remain in BS-17 and may be granted BS-18 after putting in 5 years satisfactory service instead of seven years. However, at para (d) of the U.O ibid it has been stated that the existing Private Secretaries in BS-17 may be granted BS-18 on one time basis.
3. The Establishment Division is requested to clarify whether the existing Private Secretaries in BS-17 are to be granted BS-18 on one time basis irrespective of their length of service in BS-17.
Sd/-
Joint Secretary (Regs)
Establishment Division (Mr.Ghulam Safdar, Sr.Joint Secretary) Islamabad
---------------------------------------------------------------------------
Fin Div. U.O No.F.19(55) Legal-II/2010-1055 Dated 22.12.2011
Tuesday, December 20, 2011
NOTIFICATION IN PROCESS
The file in Process for Notification of Upgradation of Stenotypist, Stenographers and Private Secretaries in Finance Division Regulation Wing. Status (SPECIAL SECRETARY FINANCE DIVISION).
ESTABLISHMENT DIVISION O.M NO.1/9/80-R-II(A) dated 2.06.1983
Sl.No.148 Esta Code 2000
Minimum length of service for eligibility for promotion for various grades. In pursuance of rule 8-A of the Civil Servants (Appointment, Promotion and Transfer) Rules 1973 and in supersession of the instructions laid down in the Establishment Division's O.M No.1/9/80 R.II (A) dated the 12th january, 1981, (Annexure), the President is pleased to decide that the minimum length of service for promotion to various grades shall be as follows:-
For Grade 18 5 years in Grade 17
For Grade 19 12 years in Grade 17 and above
For grade 20 17 years in Grade 17 and above
For Grade 21 22 years in Grade 17 and above.
provided that:-
(i) Where initial appointment of a person not being a person in government service takes place in a post BPS-18, 19 and 20 the length of service specified in this Office memorandum shall be reduced by the following period:
First apptt Reduced by
Grade 18 5 years
Grade 19 12 years
Grade 20 17 years
(ii) Where initial appointment of a person already in government service takes place, on recommendations of the Federal Public Service Commission, in a post in BPS-18,19 or 20, the length of service specified in this Office memorandum shall be reduced by the periods specified in proviso (i);
(iii) Where first appointment of a person other than a person covered by proviso (ii) was made to government service in BPS-16 or below, one-half of the service in BPS-16 and one fourth in BPS-15 and below may be counted as service in BPS-17 for computing length of service for the purpose of promotion only.
(Authority:- Estt:Division O.M No.1/9/80-R.2 dated 2.6.1983).
ESTABLISHMENT DIVISION O.M NO.1/9/80-R-II(A) dated 2.06.1983
Sl.No.148 Esta Code 2000
Minimum length of service for eligibility for promotion for various grades. In pursuance of rule 8-A of the Civil Servants (Appointment, Promotion and Transfer) Rules 1973 and in supersession of the instructions laid down in the Establishment Division's O.M No.1/9/80 R.II (A) dated the 12th january, 1981, (Annexure), the President is pleased to decide that the minimum length of service for promotion to various grades shall be as follows:-
For Grade 18 5 years in Grade 17
For Grade 19 12 years in Grade 17 and above
For grade 20 17 years in Grade 17 and above
For Grade 21 22 years in Grade 17 and above.
provided that:-
(i) Where initial appointment of a person not being a person in government service takes place in a post BPS-18, 19 and 20 the length of service specified in this Office memorandum shall be reduced by the following period:
First apptt Reduced by
Grade 18 5 years
Grade 19 12 years
Grade 20 17 years
(ii) Where initial appointment of a person already in government service takes place, on recommendations of the Federal Public Service Commission, in a post in BPS-18,19 or 20, the length of service specified in this Office memorandum shall be reduced by the periods specified in proviso (i);
(iii) Where first appointment of a person other than a person covered by proviso (ii) was made to government service in BPS-16 or below, one-half of the service in BPS-16 and one fourth in BPS-15 and below may be counted as service in BPS-17 for computing length of service for the purpose of promotion only.
(Authority:- Estt:Division O.M No.1/9/80-R.2 dated 2.6.1983).
Sunday, December 18, 2011
APPROVAL OF THE PRIME MINISTER
GOVERNMENT OF PAKISTAN
FINANCE DIVISION
SUMMARY FOR THE PRIME MINISTER
SUBJECT: UPGRADATION OF THE POSTS OF STENOTYPIST, STENOGRAPHER AND PRIVATE SECRETARY FROM BSP-12 TO BPS-14 AND BPS-15 TO BPS-16 AND BPS-17 TO BPS-18.
Mr.Khalid Riaz, Stenographer and four others filed appeals in the FST on 15.12.2010 for upgradation of their posts on the analogy of their colleagues whose posts had been upgraded on the orders of Supreme Court of Pakistan dated 15.03.2010. finance Division had submitted parawise comments, and opposed up-gradation of their posts stating that the decision of Supreme Court was not applicable in their case and the request of the petitioners too was not covered under the policy of the Establishment Division regarding upgradation of posts contained in the O.M dated 20.01.2001. The FST however, did not agree to the view point of this Division and decided the matter in their favour. The decision of the FST dated 06.12.2010 is reporduced below:-
" The appellants are Stenotypists,Stenographers and Private Secretaries. Their request is that their posts be upgraded as has been done in the other departments. The request of the appellants shall be considered by the Establishment Divison. Controller General of Pakistan and Finance Division sympathetically. With this direction, the appeals are disposed of".
2. Finance Division in order to implement the above decision constituted a Committee under the Chairmanship of Addl. Finance Secretary (Reg) which considered the matter regarding upgradation of the posts of Stenotypists, Stenographers and Private Secretaries from BPS-12 to BPS-14, BPS-15 to BPS-16 and BPS-17 to BPS-18 in light of the policy of Establishment Divison dated 20.01.2001 and orders of the Supreme Court dated 15.3.2010. The Committee was of the unanimous view that the request of the petitioners for upgradation of thier posts from BPS-12 to BPS-14 and BPS-15 to BPS-16 was neither covered under the instructions of the Establishment Division dated 20.01.2001 nor the decision of the Supreme Court of Pakistan dated 15.03.2010. Moreover, the Committee did not agree to their upgradation twice as the posts of Stenotypist and Stenographer had once upgraded from BPS-8 to BPS-12 and BPS-11 to BPS-15 in the pay scales of 1983.
3. A compliance report to the FST's orders dated 06.12.2010 was submitted to the FST and petitioners informed of the Committee's decison accordingly. In spite of compliance of the orders of FST, another decision was passed on the Miscellaneous Petitions by the FST on 11.7.2011 which is as under:-
"Under such circumstances, the respondents are directed to implement the order of this Tribunal dated 6.12.2010 and 15.2.2011 in its true letter and spirit within 20 days w.e.f the date a copy of this order is received in the office of respondents. A copy of this order be also sent to the Joint Secretary (Regulation) Establishment Division and Joint Secretary (Regulation), Finance Division for strict compliance. In case of non-compliance an appropriate cost would be imposed as in accordance with Apex Court's decision in C.P.No.1701 of 2009. With these directions, MP are disposed of".
4. Finance Division against the above decision went into appeal however, the Supreme Court did not grant leave to the appeal and passed the following orders on 05.10.2011.
" Through these petitions, the petitioners have challenged the order of the Federal Service Tribunal wherby the petitioners were directed to implement the judgements of the Tribunal dated 6.12.2010 and 15.2.2011. The respondents concise statement is placed on file and Office memorandum Government of Pakistan Cabinet Secretairat Establishment Division, whereby according to the respondents their grievances to the extent of upgradations of the posts in accordance with the Judgement of the Service Tribunal has been considered, however, the final order by the competent authority is still to be passed, which document has been annexed with the concise statement and is not disputed one. However, the petitioners plea is that since the Office memorandum has been issued only by Establishment Dvision, whereas, the opinions of Controller General of Pakistan and Finance Dvision are still awaited. It is for the petitioners to process the matter immediately and to get their opinions and then final order by the competent authority.
In view of the above, these petitions are disposed of with the direction that the matter be finalized within a period of one month from the date of this order. All the CMAs are also disposed of accordingly".
5. In this connection it is pointed out that the Establishment Division earlier was not in favour of upgradation of the posts of Stenotypist, Stenographer and Private Secretary. That Dvision had advised the Finance Division to file CPLA before the Supreme Court. When Finance Dvision filed CPLA beofre the Supreme Court the Establsihment Division in the meantime issued approval to the upgradation of the posts of Stenotypist, Stenographer and Private Secretary on 6.8.2011 and informed the Supreme Court regarding implementation of the orders of the FST.
6. After issuance approval by the Establishment Division regarding upgradation the posts the issue has become controversial between the two Divisions of the Federal Government. In order to resolve the controversy between the two Divisions the matter will now be decided at the level of Ministers of both the Divisions in terms of Section-8(2) Part-B of the Rules of Business, 1973.
Since the Establishment Division is directly under the Prime Minister, therefore, a summary is being moved to the Prime Minister on the following grounds:-
a) The petitioners have requested that their posts may also be upgraded in pursuance of Supreme Courts decison dated 15.3.2010 in Appeal Nos.774 to 778(P)CS/2010 as in the case of thier colleagues. The background of the decision is that the Officers/Officials of the CGA i.e AO, AAO, Senior Auditors and Junior Auditors had filed petitions in the FST that their post may be upgraded on the analogy of the Punjab Government where their colleagues were enjoying the higher grades. The FST had ordered to upgrade their posts on the analogy of the Punjab Government. The Supreme court of Pakistan had upheld the decision of the FST vide its order dated 15.3.2010. Resultantly, the posts of AO, AAO, Senior Auditor and Junior Auditor in the Office of CGA/Auditor General of Pakistan were upgraded vide Finance Division O.M No.F.9(9)R.I/2008-09 dated 3.4.2010. Now, the plea of the Stenotypist, Stenographer and Private Secretary that their posts may also be upgraded based on the decision of the Supreme Court dated 19.5.2010 is not based on facts as the decison of the FST and Supreme Court were specifically for upgradation of the posts of AO, AAO. Senior Auditor and Junior Auditor and not the Stenotypist, Stenographer and Private Secretary.
(b) Besides, the posts of Stenotypist and Stenographer have been upgraded from BS-8 to BS-12 and BS-11 to BS-15 in the pay scales of 1983. Hence, twice upgradation of thier posts when the pay scales have already been revised by the Government w.e.f. 1.7.2011 is not advisable rather the upgradation of thier posts twice will cause various repercussions and upset the hierarchy of the Federal and Provincial Governments Departments.
(c) The posts in Ministries/Divisions/Departments are upgraded in the light of the policy of the Establishment Division contained in OM No.8/36/2000/R-I dated 20.01.2001. The request of the petitioners is not covered under the instructions of the Establishment Division regarding upgradation of their posts.
(d) After the decision of the Supreme court dated 19.5.2010 besiders the Stenotypists, Stenographers and Private Secretaries the Assistants and Superintendents have also approached the Courts for their upgradation. The Islamabad High Court has ordered for upgradation of the posts of Assistant from BS-14 to Bs-16. Finance Division will oppose the decision if necessary in the Supreme Court of Pakistan. Similarly, the Superintendents are contesting for upgradation of their from BS-16 to Bs-17. The decision of the petition of the Superintendents is however awaited. In case all the above posts are upgraded as directed by the FST, Islamabad Hight Court and Supreme Court following position will emerge out:-
Stenotypist BS-12 to BS-14
Stenographer BS-15 to BS-16
Private Secretary BS-17 to BS-18
Assistant BS-14 to BS-16
Superintendent BS-16 to BS-17
7. The above position will badly affect the other ministerial posts i.e LDCs, UDCs, Assistant Incharge, Admn Officer, Assistant Director, Deputy Director and Director. The upgradation of the above posts will cause the upgradation of other similarly placed posts in the hierarchy of Federal/ Provincial governments. All the Provincial Governments on the analogy of Federal Government will also have to upgrade the above said posts which will involve huge financial impact.
8. In view of the position explained above, Finance Division does not agree to the upgradation of the posts of Stenotypist, Stenographer & Private Secretary.
9. Finance Minister has seen the summary and authorized submission to the Prime Minister en-route Establishment Division and Law Division.
Sd/-
Waqar masood Khan
Finance Secretary
Secretary, Establishment Division
---------------------------------
Secretary, Law & Justice Dvision
_______________________
Prime Minister's Secretariat (Public),(Mr.Khushnood Akhtar lashari)
Principal Secretary to the Prime Minister), Islamabad
-------------------------------------------------------
Finance Division No.F.19(55)Legal.II/2010
ESTABLISHMENT DIVISION
Subject: UP-GRADATION OF THE POSTS OF STENOTYPIST,STENOGRAPHER
AND PRIVATE SECRETARY FROM B-12 TO B-14, B-15 TO 16 AND
B-17 TO BPS-18.
Para 10. On examination of the case in the light of Federal Service Tribunal Judgement dated 11.7.2011 and Law divisions advice dated 11.7.2011 the Establishment Division had not issued general circular. Instead the Establishment Divn had recommended on 6.8.2011 to the Finance Division as under for according their concurrence and circulation to all the Ministries/Divisions:-
(a) The post of Stenotypist may be up-graded from BS-12 to BS-14 with enhancement of qualification for initial appointment from Matriculation to Intermediate.
(b) The post of STenographer may be up-graded from BS-15 to BS-16 with enhancement of qualification for initial appointment from Intermediate to Graduation.
(c) The post of Private Secretary (BS-17) may continue to remain in BS-17 and may be granted BS-18 after putting in 5 years satisfactory service instead of 7 years. The Private Secretaries in BS-18 may further be granted BS-19 after putting in 12 years Service in BS-17 & above taking benefit of Establishment Division's O.M No.1/9/80-R-II, dated 2.6.1983. However, on grant of BS-19 nomenclature of the post can be Senior Private Secretary.
(d) In pursuance of judgement of the Federal Service Tribunal and advice tendered by the Law, Justice & Parliamentary Affairs Division vide their U.O No.630/2011-Law-I, dated 11.7.2011 the existing Private Secretaries in BS-17 may be granted BS-18 on one time basis.
11. As regards observations made at para 5 above, it is stated that on 24.8.2011 Finance Division had inter alia, pointed out that the Establishment Division had earlier advised the Finance Division to prefer CPLA in the apex court. On 9.9.2011 Establishment Division had clarified to Finance Division that judgment of Federal Service Tribunal was earlier forwarded to Finance Division on 19.7.2011 for examination with a view to file CPLA in the Supreme Court of Pakistan if any law point was involved or otherwise. Finance Division was also informed that the Establishment Divisions earlier O.M dated 19.7.2011 could not be construed as direction/advice to the Finance Division and that it was open to Finance Division either to file or not to file CPLA.
12. Meanwhile, Finance Division filed petition in the Supreme Court of Pakistan. The apex court directed on 5.10.2011as under:-
" In view of the above, these petitions are disposed of with the direction that the matter be finalized with a period of one month from the date of this order. All the CMAs are also disposed of accordingly".
13. Finance Division has already argued their point of view before the Hon'able Supreme Court of Pakistan but the Hon'able Court has disposed off the petition as mentioned at para 12 above. On 19.10.2011, Establishment Division requested the Finance Division to ensure that the matter be finalized within the time frame given by the Hon'able Court i.e 05.11.2011.
14. The instant summary has, however, been received in the Establishment Division on 17.11.2011. At this belated stage, Establishment Dvision re-iterates its earlier recommendations as at para 10 above for upgradation of the posts of Stenotypist, Stenographer and Private Secretary in order to implement the judgement of Federal Service Tribuanl and the Apex Court in letter and spirit.
Sd/-
Establishment Secretary,
Prime Minister's Secretariat (Principal Secretary to the PM, Islamabad
-----------------------------------------------------------------------
Establishment Divisions U.O No.1/3/2008-R-6 dated 9.12.2011
Through Secretary, Law, Justice & Parliamentary Affairs Division
Sd/-
Muhammad Masood Chishti
Secretary
M/o Law, Justice & P.A
Islamabad
PRIME MINISTER SECRETARIAT
ISLAMABAD
*****
Subject: UP-GRADATION OF THE POSTS OF STENOTYPIST, STENOGRAPHER AND PRIVATE SECRETARY FROM BS-12 TO BS-14, BS-15 TO BS-16 AND BS-17 TO BS-18.
15. The Prime Minister has been pleased to approve the recommendations of Establishment Dvision contained in para 10 of the summary.
Sd/-
(Khushnood Akhtar Lashari)
Principal Secretary
to the Prime Minister
17.12.2011
Finance Secretary
-----------------------
No.3857/PSPM/2011
cc. Establishment Secretary
FINANCE DIVISION
SUMMARY FOR THE PRIME MINISTER
SUBJECT: UPGRADATION OF THE POSTS OF STENOTYPIST, STENOGRAPHER AND PRIVATE SECRETARY FROM BSP-12 TO BPS-14 AND BPS-15 TO BPS-16 AND BPS-17 TO BPS-18.
Mr.Khalid Riaz, Stenographer and four others filed appeals in the FST on 15.12.2010 for upgradation of their posts on the analogy of their colleagues whose posts had been upgraded on the orders of Supreme Court of Pakistan dated 15.03.2010. finance Division had submitted parawise comments, and opposed up-gradation of their posts stating that the decision of Supreme Court was not applicable in their case and the request of the petitioners too was not covered under the policy of the Establishment Division regarding upgradation of posts contained in the O.M dated 20.01.2001. The FST however, did not agree to the view point of this Division and decided the matter in their favour. The decision of the FST dated 06.12.2010 is reporduced below:-
" The appellants are Stenotypists,Stenographers and Private Secretaries. Their request is that their posts be upgraded as has been done in the other departments. The request of the appellants shall be considered by the Establishment Divison. Controller General of Pakistan and Finance Division sympathetically. With this direction, the appeals are disposed of".
2. Finance Division in order to implement the above decision constituted a Committee under the Chairmanship of Addl. Finance Secretary (Reg) which considered the matter regarding upgradation of the posts of Stenotypists, Stenographers and Private Secretaries from BPS-12 to BPS-14, BPS-15 to BPS-16 and BPS-17 to BPS-18 in light of the policy of Establishment Divison dated 20.01.2001 and orders of the Supreme Court dated 15.3.2010. The Committee was of the unanimous view that the request of the petitioners for upgradation of thier posts from BPS-12 to BPS-14 and BPS-15 to BPS-16 was neither covered under the instructions of the Establishment Division dated 20.01.2001 nor the decision of the Supreme Court of Pakistan dated 15.03.2010. Moreover, the Committee did not agree to their upgradation twice as the posts of Stenotypist and Stenographer had once upgraded from BPS-8 to BPS-12 and BPS-11 to BPS-15 in the pay scales of 1983.
3. A compliance report to the FST's orders dated 06.12.2010 was submitted to the FST and petitioners informed of the Committee's decison accordingly. In spite of compliance of the orders of FST, another decision was passed on the Miscellaneous Petitions by the FST on 11.7.2011 which is as under:-
"Under such circumstances, the respondents are directed to implement the order of this Tribunal dated 6.12.2010 and 15.2.2011 in its true letter and spirit within 20 days w.e.f the date a copy of this order is received in the office of respondents. A copy of this order be also sent to the Joint Secretary (Regulation) Establishment Division and Joint Secretary (Regulation), Finance Division for strict compliance. In case of non-compliance an appropriate cost would be imposed as in accordance with Apex Court's decision in C.P.No.1701 of 2009. With these directions, MP are disposed of".
4. Finance Division against the above decision went into appeal however, the Supreme Court did not grant leave to the appeal and passed the following orders on 05.10.2011.
" Through these petitions, the petitioners have challenged the order of the Federal Service Tribunal wherby the petitioners were directed to implement the judgements of the Tribunal dated 6.12.2010 and 15.2.2011. The respondents concise statement is placed on file and Office memorandum Government of Pakistan Cabinet Secretairat Establishment Division, whereby according to the respondents their grievances to the extent of upgradations of the posts in accordance with the Judgement of the Service Tribunal has been considered, however, the final order by the competent authority is still to be passed, which document has been annexed with the concise statement and is not disputed one. However, the petitioners plea is that since the Office memorandum has been issued only by Establishment Dvision, whereas, the opinions of Controller General of Pakistan and Finance Dvision are still awaited. It is for the petitioners to process the matter immediately and to get their opinions and then final order by the competent authority.
In view of the above, these petitions are disposed of with the direction that the matter be finalized within a period of one month from the date of this order. All the CMAs are also disposed of accordingly".
5. In this connection it is pointed out that the Establishment Division earlier was not in favour of upgradation of the posts of Stenotypist, Stenographer and Private Secretary. That Dvision had advised the Finance Division to file CPLA before the Supreme Court. When Finance Dvision filed CPLA beofre the Supreme Court the Establsihment Division in the meantime issued approval to the upgradation of the posts of Stenotypist, Stenographer and Private Secretary on 6.8.2011 and informed the Supreme Court regarding implementation of the orders of the FST.
6. After issuance approval by the Establishment Division regarding upgradation the posts the issue has become controversial between the two Divisions of the Federal Government. In order to resolve the controversy between the two Divisions the matter will now be decided at the level of Ministers of both the Divisions in terms of Section-8(2) Part-B of the Rules of Business, 1973.
Since the Establishment Division is directly under the Prime Minister, therefore, a summary is being moved to the Prime Minister on the following grounds:-
a) The petitioners have requested that their posts may also be upgraded in pursuance of Supreme Courts decison dated 15.3.2010 in Appeal Nos.774 to 778(P)CS/2010 as in the case of thier colleagues. The background of the decision is that the Officers/Officials of the CGA i.e AO, AAO, Senior Auditors and Junior Auditors had filed petitions in the FST that their post may be upgraded on the analogy of the Punjab Government where their colleagues were enjoying the higher grades. The FST had ordered to upgrade their posts on the analogy of the Punjab Government. The Supreme court of Pakistan had upheld the decision of the FST vide its order dated 15.3.2010. Resultantly, the posts of AO, AAO, Senior Auditor and Junior Auditor in the Office of CGA/Auditor General of Pakistan were upgraded vide Finance Division O.M No.F.9(9)R.I/2008-09 dated 3.4.2010. Now, the plea of the Stenotypist, Stenographer and Private Secretary that their posts may also be upgraded based on the decision of the Supreme Court dated 19.5.2010 is not based on facts as the decison of the FST and Supreme Court were specifically for upgradation of the posts of AO, AAO. Senior Auditor and Junior Auditor and not the Stenotypist, Stenographer and Private Secretary.
(b) Besides, the posts of Stenotypist and Stenographer have been upgraded from BS-8 to BS-12 and BS-11 to BS-15 in the pay scales of 1983. Hence, twice upgradation of thier posts when the pay scales have already been revised by the Government w.e.f. 1.7.2011 is not advisable rather the upgradation of thier posts twice will cause various repercussions and upset the hierarchy of the Federal and Provincial Governments Departments.
(c) The posts in Ministries/Divisions/Departments are upgraded in the light of the policy of the Establishment Division contained in OM No.8/36/2000/R-I dated 20.01.2001. The request of the petitioners is not covered under the instructions of the Establishment Division regarding upgradation of their posts.
(d) After the decision of the Supreme court dated 19.5.2010 besiders the Stenotypists, Stenographers and Private Secretaries the Assistants and Superintendents have also approached the Courts for their upgradation. The Islamabad High Court has ordered for upgradation of the posts of Assistant from BS-14 to Bs-16. Finance Division will oppose the decision if necessary in the Supreme Court of Pakistan. Similarly, the Superintendents are contesting for upgradation of their from BS-16 to Bs-17. The decision of the petition of the Superintendents is however awaited. In case all the above posts are upgraded as directed by the FST, Islamabad Hight Court and Supreme Court following position will emerge out:-
Stenotypist BS-12 to BS-14
Stenographer BS-15 to BS-16
Private Secretary BS-17 to BS-18
Assistant BS-14 to BS-16
Superintendent BS-16 to BS-17
7. The above position will badly affect the other ministerial posts i.e LDCs, UDCs, Assistant Incharge, Admn Officer, Assistant Director, Deputy Director and Director. The upgradation of the above posts will cause the upgradation of other similarly placed posts in the hierarchy of Federal/ Provincial governments. All the Provincial Governments on the analogy of Federal Government will also have to upgrade the above said posts which will involve huge financial impact.
8. In view of the position explained above, Finance Division does not agree to the upgradation of the posts of Stenotypist, Stenographer & Private Secretary.
9. Finance Minister has seen the summary and authorized submission to the Prime Minister en-route Establishment Division and Law Division.
Sd/-
Waqar masood Khan
Finance Secretary
Secretary, Establishment Division
---------------------------------
Secretary, Law & Justice Dvision
_______________________
Prime Minister's Secretariat (Public),(Mr.Khushnood Akhtar lashari)
Principal Secretary to the Prime Minister), Islamabad
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Finance Division No.F.19(55)Legal.II/2010
ESTABLISHMENT DIVISION
Subject: UP-GRADATION OF THE POSTS OF STENOTYPIST,STENOGRAPHER
AND PRIVATE SECRETARY FROM B-12 TO B-14, B-15 TO 16 AND
B-17 TO BPS-18.
Para 10. On examination of the case in the light of Federal Service Tribunal Judgement dated 11.7.2011 and Law divisions advice dated 11.7.2011 the Establishment Division had not issued general circular. Instead the Establishment Divn had recommended on 6.8.2011 to the Finance Division as under for according their concurrence and circulation to all the Ministries/Divisions:-
(a) The post of Stenotypist may be up-graded from BS-12 to BS-14 with enhancement of qualification for initial appointment from Matriculation to Intermediate.
(b) The post of STenographer may be up-graded from BS-15 to BS-16 with enhancement of qualification for initial appointment from Intermediate to Graduation.
(c) The post of Private Secretary (BS-17) may continue to remain in BS-17 and may be granted BS-18 after putting in 5 years satisfactory service instead of 7 years. The Private Secretaries in BS-18 may further be granted BS-19 after putting in 12 years Service in BS-17 & above taking benefit of Establishment Division's O.M No.1/9/80-R-II, dated 2.6.1983. However, on grant of BS-19 nomenclature of the post can be Senior Private Secretary.
(d) In pursuance of judgement of the Federal Service Tribunal and advice tendered by the Law, Justice & Parliamentary Affairs Division vide their U.O No.630/2011-Law-I, dated 11.7.2011 the existing Private Secretaries in BS-17 may be granted BS-18 on one time basis.
11. As regards observations made at para 5 above, it is stated that on 24.8.2011 Finance Division had inter alia, pointed out that the Establishment Division had earlier advised the Finance Division to prefer CPLA in the apex court. On 9.9.2011 Establishment Division had clarified to Finance Division that judgment of Federal Service Tribunal was earlier forwarded to Finance Division on 19.7.2011 for examination with a view to file CPLA in the Supreme Court of Pakistan if any law point was involved or otherwise. Finance Division was also informed that the Establishment Divisions earlier O.M dated 19.7.2011 could not be construed as direction/advice to the Finance Division and that it was open to Finance Division either to file or not to file CPLA.
12. Meanwhile, Finance Division filed petition in the Supreme Court of Pakistan. The apex court directed on 5.10.2011as under:-
" In view of the above, these petitions are disposed of with the direction that the matter be finalized with a period of one month from the date of this order. All the CMAs are also disposed of accordingly".
13. Finance Division has already argued their point of view before the Hon'able Supreme Court of Pakistan but the Hon'able Court has disposed off the petition as mentioned at para 12 above. On 19.10.2011, Establishment Division requested the Finance Division to ensure that the matter be finalized within the time frame given by the Hon'able Court i.e 05.11.2011.
14. The instant summary has, however, been received in the Establishment Division on 17.11.2011. At this belated stage, Establishment Dvision re-iterates its earlier recommendations as at para 10 above for upgradation of the posts of Stenotypist, Stenographer and Private Secretary in order to implement the judgement of Federal Service Tribuanl and the Apex Court in letter and spirit.
Sd/-
Establishment Secretary,
Prime Minister's Secretariat (Principal Secretary to the PM, Islamabad
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Establishment Divisions U.O No.1/3/2008-R-6 dated 9.12.2011
Through Secretary, Law, Justice & Parliamentary Affairs Division
Sd/-
Muhammad Masood Chishti
Secretary
M/o Law, Justice & P.A
Islamabad
PRIME MINISTER SECRETARIAT
ISLAMABAD
*****
Subject: UP-GRADATION OF THE POSTS OF STENOTYPIST, STENOGRAPHER AND PRIVATE SECRETARY FROM BS-12 TO BS-14, BS-15 TO BS-16 AND BS-17 TO BS-18.
15. The Prime Minister has been pleased to approve the recommendations of Establishment Dvision contained in para 10 of the summary.
Sd/-
(Khushnood Akhtar Lashari)
Principal Secretary
to the Prime Minister
17.12.2011
Finance Secretary
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No.3857/PSPM/2011
cc. Establishment Secretary
Saturday, December 17, 2011
READ THE OM OF ESTABLISHMENT DIVISION THEN NEWS.
FIRST READ THE MEMO OF UPGRADATION ISSUED BY ESTABLISHMENT DIVISION
STENOTYPIST 12 TO 14 FOR FRESH APPT QUALIFICATION F.A
STENOGRAPHER 15 TO 16 FOR FRESH APPT B.A
P.S 17 TO 17 POST NOT UPGRADED ONLY ONE TIME SCALE ALLOWED
P.S 17 TO 18 ONE TIME SCALE
ON PROMOTION FROM STENOGRAPHERS TO P.S BPS-17 ON 5 YEARS SUCCESSFUL SERVICE THEN HE WILL BE PROMOTED TO BPS-18.
ON 12 YEARS SUCCESSFUL SERVICE B-18 TO B-19
CONGRATULATIONS P.M APPROVED THE SUMMARY OF UPGRADATION
THE DAILY EXPRESS DATED 18.12.2011
AT LAST THE HOUNORABLE PRIME MINISTER SYED YOUSAF RAZA GILANI APPROVED THE SUMMARY OF UPGRADATION OF STENOTYPISTS, STENOGRAPHERS AND PRIVATE SECRETARIES. I THANKS TO ALMIGHTY ALLAH, S.Y.RAZA GILANI, PRIME MINISTER, KHUSHNUD AKHTAR LASHARI, PSPM AND HIS STAFF MEMBERS, STAFF MEMBERS OF ESTABLISHMENT DIVISION, FINANCE DIVISION AND THOSE WHO CONTRIBUTED IN UPGRADATION CASE.
Monday, December 12, 2011
NOW THE SUMMARY IS IN THE PM HOUSE
AFTER THE ENDORSEMENT OF THE SUMMARY BY THE SECRETARY LAW DIVISION NOW THE SUMMARY IS IN THE PRIME MINISTER HOUSE FOR APPROVAL.
Saturday, December 10, 2011
NOW THE SUMMARY IS IN THE LAW DIVISION
AFTER THE APPROVAL OF SECRETARY ESTABLISHMENT DIVISION THE SUMMARY TO BE SUBMITTED TO THE PRIME MINISTER EN-ROUTE THROUGH LAW DIVISION.
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