GOVERNMENT OF PAKISTAN
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.
Waqar masood Khan
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
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.
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
Muhammad Masood Chishti
M/o Law, Justice & P.A
PRIME MINISTER SECRETARIAT
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.
(Khushnood Akhtar Lashari)
to the Prime Minister
cc. Establishment Secretary