Khana-e-Kaba

Khana-e-Kaba

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


14 comments:

  1. This comment has been removed by the author.

    ReplyDelete
  2. Is this up-gradation fulfill the all requirements of para-14 of the summary?

    ReplyDelete
  3. BISMILLAH-E- ARRAHMAN-ARRAHEEM
    Maen apni aur apny Pakistan Post Office Department k tamam Stenos/ Colleagues ki tarf sy on tmam Stenos aur Private Secretaries ko dil ki gehraiyon sy mubark baad paish krta hon jin ki upgradation ho gaee hy. Mazeed Br Aaan, mn apny Pyary Pyary Dost, Niddar Leader, Mukhlis Bhai, Mehnti aur BaAmmal Colleague Janab Izzat-e-Maab, Mohtarm Khalid Riaz Sahib (Allah en pr hamesha apni inaayaat ki barish barsata rhy) ko aur inki Jan Nisar team ko b, Mubarik Baad paish krta hon. Es khushi k mauqa pr Mujy aik shaer yad aaraha hy, jisy mn janab Khalid Riaz Sahib aur apny comments parrhny waly Stenos/ PSs ki sarf-e-nazar krna chahta hon..
    “NAHI TERA NASHEMAN QASR-E-SULTANI K GUMBAD PR,
    TOO SHAHEEN HY, BASERA KR PAHARRON KI CHATANO PR”
    Es shaer k likhny ka matlab yeh hy k, Aik Niddar Leader b ho, Mukhlis Bhai b ho, Mehnti aur Ba-Ammal Steno b ho, aur pooory Pakistan k Stenos ki pur josh fauj b oski back pr ho to phir who apna Basera Qasr-e-Sultani k Gumbad pr kesy bana skta hy? In ka Basera aur target to Pahaarron ki chatano sy b kuchh aagy hi hona chahiye na? Q.K, Khalid Riaz Sahib ny upgradation k lye jo Qadam Uttaya tha who sirf Scale No. 16 k lye nhi tha, who to 12 sy 16 ,15/16 sy 17, aur 17 sy 18 k lye tha jisko FST aur Hon’ble Supreme Court ny b tasleem kr lya aur Judgment hmari demand k mutabiq di thi. Magar, Bureaucracy ny apni mann mani kr k sb ki Umanggon pr pani phhair dya aur tamam Stenos k Jyz haqooq ka qatal kia. Khalid Riaz Sahib ny sb k sath yeh waada kia huwa hy k InshaAllah Jb Tak Hmain Scale 12 sy scale 16, 15/16 sy 17 aur 17 sy scale-18 nhi mil jaata hm chaen sy nhi bethn gy.
    ‘MAEN AKELA HI CHLA THA JANIB-E-MANZIL MAGAR,
    LOG AATY GAE KARWAAN BANTA GYA”
    To Janab Mohtaram Khalid Riaz Sahib ab who waqt aagya hy k ap apna waada wafa krny k lye jaldi sy jaldi dobara Court k darwazy pr dastak dn. Ap k peechhy Pakistan k tamam Provinces k Stenos, tamam department k Stenos/Ps, ap k sirf aik ishary k muntizar hn. Ap Bismillah kijiye, Court k darwazy pr dastak dijiye, InshaAllah hm Scale 12 sy 16, 15/16 sy 17 aur 17 sy Scale-18 ly kr hi razi hon gy warna yeh haqook hasil krny ki koshish kabi khatam nhi hogi InshaAllah. Janab Khalid Riaz Sahib Pehly to aap shyd akely hi jang lrrny k lye tayyar thy ab to Stenos aur private secretaries k unginat jazbaat ka soonami b ap k sath hy. Ab dair kis baat ki? Janab Khalid Riaz Sahib, Yeh Izzat ki Paggrri jo ap k sir pr Allah Taala ny rakh di hy es Paggri ka khudara Laaj rakhiye ga aur himmatt nhi harni kabi b. Please ab jaldi sy jaldi apny haq k lye Court k darvaty pr dastak dijiye, ta k hm aur hmary mayoos sathi Steno b dosry Steno ki tarha es mayoosi aur depression k changal sy nikal skain.
    “IRAADY JIN K PUKHTA HON, NAZR JIN KI KHUDA PR HO,
    TLA TM KHEZ MAUJON SY WHO GHABRAYA NHI KRTY”
    Allah kry k jald hi who mauqa aee k hm sb mil kr aik awaz ho kr poory josh sy aik Falak Shagaf Naara buland krn:-

    KHALID RIAZ ZINDABAAD
    PAKISTAN PAINDABAD.

    Muhammad Aslam Saifi
    Steno B-14
    Faisalabad GPO and
    All Stenos of Pakistan Post Offices
    0300-7601061

    ReplyDelete
  4. Dear Muhammad Aslam Saifi:
    Inshallah Mr. Khalid will initiate action after issuance of present Notification. We are with Mr. Khalid and his team on every forum and ready to contribute financially as and when desired.

    YOUSAF ALI
    Pakistan Bait-Ul-Mal
    Lahore.

    ReplyDelete
  5. SALAM… All Stenoes of Pakistan
    Alhamdolillah Aap sab Shukrana k Nawafil Ada Karen, Kiun k Nemat Shukar karne se Barhti hai take hum aage b Kamiab ho paen Inshaa ALLAH. JAZAKALLAH

    STENO ZAMEER
    PAKISTAN AIR FORCE

    ReplyDelete
  6. Notification kab tak issue ho jay ga?

    ReplyDelete
  7. Now we are waiting for early issuance of notification from Finance Division, Islamabad and then from government of provinces. Mr. Khalid Riaz is humbly requested to get it issue immediately because all Stenographers waiting anxiously. We all pray for long life to Mr. Khalid Riaz, May Allah Bless You.(Aamin)

    Muhammad Shafique Mughal
    Senior Stenographer
    WASA (LDA), Lahore
    Cell No.0300-4649502

    ReplyDelete
  8. please update about latest news regarding upgradation

    ReplyDelete
  9. I think words cann't speak of the efforts made by Mr. Khalid Riaz and Co for the cause of steno community. This is indeed a great act. I take this opportunity to point out that in field offices there is hardly any post of Private Secretary and the post of stenographer is the last step of our promotion. Unaturally, Establishment Division has not taken into consideration this fact nor it has given any incentive or credit to the post of stenograper after qualifying services of '5' or 12 years because those who are already serving in BS-16 or to be upgraded in 16 will remain freezed in the same scale irrespective of their length of services which is confusing and against the rules of fair play and natural justice.


    Mr. Muhammad Iqbal
    Stenographer

    ReplyDelete
  10. Dear Khalid Riaz I intend to point out a thing of vital importance that present upgradation order as can be deemed will not carry justification in the way it has not been made keeping in view the time frame in Scales 14 & 16 as to move in a next scale after a fixed time frame is a fundamental right of an employee. But I think there will be no such time frame or fixed period of service in the orders and one has to serve in the same scale till his retirement which is not correct and lawful. While framing scales stretegy no such procedure or time frame has been settled which is unfair and against the justice. This fact remains to bring to justice.

    ReplyDelete
  11. All the Up-Gradations are not supported. At one place Assistants are recruited through a more tough exams than the Steno Typists on the other the academic qualification required for recruitment as Assistant is higher than that of a Stenotypist. It is very surprising that Stenos have been up-graded and also many other posts like have been up-graded to BS-14 without keeping in view the parallel cadres. It has disturbed all Hierarchy of civil servants and as all cadres are demanding up-gradation, there is a strong possibility that may be Govt cancel all the up-gradations to keep everyone silent. Up-gradation is not bad but depriving other cadres is not covered under the rules and contradictory Constitution of Islamic Republic of Pakistan

    ReplyDelete
  12. may be many people oppose my opinion but Justice for everyone not for some chosen.....administer justice equally not at the cost of others

    ReplyDelete
  13. The post of superintendent was re-designated/renamed in the Finance Department as Assistant Accounts Officer/Deputy Accounts Officer and they have been upgraded to BS-17. Assistants have been upgraded from BS-11 to BS-14 and similarly Stenotypist BS-12, Stenographer BS-15 and Private Secretary BS-16/17 have also been upgraded. The post of Superintendent BS-16 has not been upgraded. In view of upgradation of their equal status colleagues in the Finance Department and upgradation of other posts like Stenographer, etc., they also deserve upgradation in terms of equality before the law. They should make necessary efforts for their upgradation.

    ReplyDelete
  14. KIfayat Ullah Khan

    Let me know sir that if the assistant and OS upgraded then what about the position of UDC, LDC, If post of Assistant upgraded to 16 then it will be a huge gape between UDC B-9 to Assistant B-16

    ReplyDelete

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