ISLAMABAD: Attorney General for Pakistan admitted that the Rules 7 and 15 of Civil Service of Pakistan (Composition and Cadre) Rules, 1954 are binding on the federal government and every effort will be made to fulfil the shortfall of PAS and PSP officers.
A three-judge bench, headed by Chief Justice Umar Ata Bandial, on Tuesday, heard the Sindh government’s application, filed under Article 184(3) of Constitution, regarding posting/ transfer of PAS and PSP officers from the Sindh province. The bench after hearing the matter disposed of the Sindh’s petition.
AGP Khalid Jawed Khan submitted concise statement with respect to the dispute raised by the Sindh government regarding the non-compliance of Rules 7 and 15 of the Civil Service of Pakistan (Composition and Cadre) Rules, 1954. He candidly stated that the federal government admits the validity of the said Rules and are binding on the federal government.
In so far compliance geometrically ratio setup in the Rules, the AGP submitted that the federal government is duty bound to implement the same subject to ground reality and administrative exigencies.
“In this behalf the federal government is in continuous communication with the Sindh government for the compliance of the same,” he added.
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The bench noted that the said statement by the AGP accepts the obligations of the federal government under Rule 7(1) and the consequences of the apprehensions expressed by the Sindh advocate general.
Regarding the enforcement of the obligations under the Rules, the attorney general submitted that the administrative, logistical, and practical dimensions in the instant matter do not arise for the determination by the apex court under Article 184(3) of the Constitution.
Justice Mansoor Ali Shah questioned how the dispute between the federation and the Sindh province regarding posting/ transfer of BS-17 to BS-21 officers lies under Article 184(3) of Constitution. He said the apex court resolves legal issues, but the present one relates to the capacity issue. He; however, noted that the Sindh claim is that the federal government is not implementing Rule 7(1).
Justice Bandial questioned if the Sindh government complain that the constraints expressed by the federal government are not bona fide then can this Court interfere. The AGP said if the apex court orders the federal government to address the Sindh’s grievances then it will fill the posts by recalling the officers from other provinces. He said many officers in Sindh have been posted for the last 15 years, but the provincial government does not want that they be transferred to other provinces.
He said Council of Common Interest (CCI) is the best forum to resolve this issue, adding the chief minister can always talk to the prime minister, who always listens.
Advocate General Sindh Salman Talibuddin explained that the posts sharing agreement between the federation and the provinces is laid down under Rule 7(1) Civil Service of Pakistan (Composition and Cadre) Rules, 1954, which creates legal rights in Sindh for the federal government quota to provide the PAS officers different grades from 17 to 21 as described in the said rules.
He said according to Rule 7(1) of the Civil Service of Pakistan (Composition and Cadre) Rules, 1954 the ratio of All-Pakistan service officers in Sindh is BS-17 25 percent, BS-18 40 percent, BS-19 50 percent, BS-20 60 percent, and BS-21 65 percent. “On the basis of the cadre strength the number of PAS officers in Sindh is BS-17 98 officers, BS-18 85, BS-19 59, BS-20 67, and BS-21 16 officers.
Copyright Business Recorder, 2022
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