BEFORE THE HIGH COURT, ISLAMABAD
Write Petition for Implementation of the decision dated 23.07.2011 of Federal Service Tribunal Islamabad in Appeal No.1123(P)CS/2010
PETITIONER Mr.Khalid Riaz Appellant
Office of the Accountant General
Khyber Pakhtunkhwa, Peshawar.
RESPONDENTS (I) ACCOUNTANT GENERAL, Respondent
(II) CONTROLLER GENERAL OF ACCOUNTS Respondent
Mr. Khalid Riaz Stenographer Office of the Accountant General, Khyber Pakhtunkhwa, Peshawar filed an Appeal No.1123(P)/CS/2010 before the Federal Service Tribunal, Islamabad for Promotion as Superintendent now Assistant Accounts Officer (BPS-16) against 10% quota reserved for Stenographers vide Establishment Division O.M No.F-18(18)/70 dated 23.06.1973(reproduced at Serial No.198 page 184 of ESTA CODE 1990) Edition (Annex:A) giving reference of precedent of such promotion in the office of the Director General, Audit K.P Peshawar vide his office letter No.Admn:Audit/C-12/2009-10/1813 dated 29.09.2010 (Annex:B)
On 23.07.2011 the Federal Service Tribunal Islamabad announced the Judgment (Annex:C) in his favour and directed the respondents to consider the claim of the Appellant subject to his eligibility and suitability for Promotion as Assistant Accounts Officer (BPS-16) in the light of cases of M/S Muhammad Zakir and Munir Hussain of the office of the Director General, Audit Khyber Pakhtunkhwa Peshawar.(Annex:D) As per the Audit Manual Revised Edition 1988 Page 4 Sl:No.9 (Note)---- Here and elsewhere the term “Superintending staff” should be held to mean members of the Subordinate Accounts Service (SAS) or Accountants. Which is re-designated as Assistant Accounts Officer vide Notification No.656-Estt-III-46-86 dated, December 7, 1995.
As a result of the said Judgment of the Federal Service Tribunal, Islamabad a case for antedation /promotion of all effected personnel was sent to the Controller General of Accounts, Islamabad vide Accountant General Khyber Pakhtunkhwa letter No.Admn:I-37/Promotion AAO/1838 dated 29.10.2011 (Annex:E) to allow the office of the Accountant General, Khyber Pakhtunkhwa Peshawar to implement the said Judgment of the Federal Service Tribunal Islamabad.
The appellant submitted another appeal for the implementation of the Judgment in the light of the Federal Service Tribunal decision which was forwarded to the CGA with the request for permission to implement the judgment of the Tribunal.(Annex:F).
In response the Controller General of Accounts Islamabad permitted vide his Office letter No.529/Estt-III/Court/273-C/2010 dated 14.12.2011 (Annex:G) to implement the Judgment of the FST considering the eligibility and suitability of the Appellant in the light of Para 8 of the said Judgment. Eligibility vide Establishment Division O.M No.F-18(18)/70 dated 23.06.1973(reproduced at Serial No.198 page 184 of ESTA CODE 1990) Edition already worked out at para 3 of the letter “ According to the seniority list of Steno-typist/Stenographer, the following officials are to be considered by Departmental Promotion Committee for promotion and antedating against the posts and from the date noted against each:-owing persons are due for promotion and antedation against the posts and from the date noted against each:-
S.No. Name Date from which due for antidation/ Promotion Remarks
1 2 3 4
1 Mr.Mohammad Yousaf
Date of appointment as Stenotypist 21-6-.1976 and promoted as Stenograher in 15.1.1987.
1.Due for antidation against the post of Stenographer (B-15) from 2-11-1983 after the date Mr. Muhammad Safdar Qureshi was promoted as SAS Accountant B-16 wef 1.11.83 FN
2. Due for Promotion as Accountant (Now AAO)B-16 w.e.f. 21.08.1984 against one of 10% vacancies.
Presently he is working as Private Secretary with effect from 30-5-2009
2 Mr. Muhammad Farooq Khattak Due for Promotion
(a) As Stenographer(B-15) w.e.f 7-10-86
(b) As Accountant (B-16) w.e.f 28-12-86 against 10% vacancies. He joined as
a. Stenotypist w.e.f
b. As DAO (EC)
3 Mr.Khalid Riaz Stenographer Due for:-
1. antidation as Stenographer w.e.f 15-3-90
2. Promotion as AAO from 31-05-90 against one of 10% vacancies He joined service
a. As Junior auditor on 31-12-88
b. Appointed as Steno typist (B-12) w.e.f 14-3-1990
c. Promoted as Stenographer on
and the suitability may consider by the Departmental Promotion Committee.
The Finance Division submitted in its comments with the prayer that the appellant claim for promotion as Stenographer/Assistant Accounts Officer (Superintendent) which is an administrative matter and its has no concern with the employees of CGA. (Annex:H).
The Accountant General is competent to arrange DPC upto BPS-16 vide CGA Letter No.Estt:III/DPC/304/2011/527 dated 18.11.2011 (Annex:I) and for BPS-17 and above the case will be referred to CGA for holding DPC. In the cases of M/S Muhammad Zakir and Munir Hussain DPC was arranged by the DG Audit, Peshawar.(Annex:J). The Cabinet Secretariat Establishment Division Islamabad has issued a Notification Vide S.R.O 733.(I)/2005 dated 22.07.2005 which says “ 7-A(1). The Competent Authority may approve the promotion of an officer or official from the date of which the recommendation of Central Selection Board or as the case may be, the Departmental Promotion Committee was made”. (Annex: K).
To proceed further in the matter, the meeting of the Departmental Promotion Committee was required to be convened for Promotion of the concerned persons upto BPS-16 as per (Annex:J).
According to the Deputy Accountant General Administration the DPC falls in the purview of the Controller General of Accounts Islamabad. The case for convening of a DPC meeting with working paper forwarded to the Controller General of Accounts Islamabad vide letter No.Admn:I.37/Promotion AAO/3205 dated 17.01.2012 (Annex:K).
In response Accountant General K.P received a letter vide No.662/Estt.III/Court/273/2010 dated 13/3/2012 to clarify/justify the case with the following points:
• According to working Paper furnished by your office no post of AAO is vacant. Then how an official can be promoted as AAO?.
• As per FST Judgement dated 23.7.2011 para 8 consider the claim of the appellant, subject to his eligibility and suitability for promotion as AAO.Whether above said official is eligible and suitable in the light of prevailing recruitment rule and promotion rules for the post of AAO.
On 27.3.2012 this AG office received a reminder from CGA that requisite clarification/justification may be expedited to proceed further in the matter.In the reply of the reminder this office shows that there are 5 vacancies of AAOs are vacant as on 31.3.2012 and the DPC shall consider the eligibility and suitability of the petitioner as per para 8 of the FST Judgement dated 23.7.2011. The ball is rolling now in the office of CGA and AG K.P.
It is our pray that first our DPC may kindly be arranged immediately. Controller General of Accounts and Accountant General Khyber Pakhtunkhwa may very kindly be directed to implement the judgment of the FST and issue Notification of promotion.