ISLAMABAD: The Law and Justice Committee of the Senate on Thursday set up a sub-committee to examine the Civil Service Act 1973 and subsequent rules, the Wafaqi Mohtasib Order, and the Civil Services Tribunal Act and propose amendments to streamline the promotions of civil servants.
The sub-committee comprises Senator Farooq H Naek and Senator Nehal Hashmi. The decision was taken at the committee’s meeting held on Thursday to discuss “the rising trend of litigation” against promotions made by the Central Selection Board (CSB) to posts in BS-21 and 22 and the consequent resentment and uncertainty among civil servants.
Chaired by Senator Javed Abbasi, the meeting was attended by senators Farooq H Naek, Nehal Hashmi, Saleem Zia, Mrs Zahida Khan and Farhatullah Babar.
The committee was given a detailed briefing on the rising trend in litigation pertaining to decisions of the CSB, which can, otherwise, be avoided by implementation of Civil Servant Act 1973.
The Establishment Division informed the committee that a number of officers, whose cases were either deferred or superseded, approached the courts.
The Federal Services Tribunal (FST) had the jurisdiction to hear the cases of civil servants. The guaranteed right for a civil servant to be considered for promotion has been provided in eligibility and relevant service criteria.
The committee directed the Establishment Division to evolve a judicious mechanism in this regard and overcome the short comings, resulting in the rising cases of litigation against CSB decisions.
The sub-committee will review the Civil Servants Act, the Federal Services Tribunal Act and other relevant laws to ensure promotion matters were not taken to courts. The sub-committee will evolve a fair and equitable mechanism for promotions.
To a question about whether intelligence agencies’ reports were needed for promotion, the Establishment secretary said that officers had an opportunity to defend themselves against any adverse reports against them.
The committee members also observed that DMG officers were given a disproportionate share in promotions as compared to officers belonging to other occupational groups. Babar said that it had also been observed that officers belonging to particular occupational groups were ignored and officers from outside the cadre were appointed to higher posts in their cadre.
He said that the post of Military Lands director general had been held by officers from outside the cadre for a long time. “Why is the Establishment secretary saying that he will give a briefing on it at a later stage?” he asked.
Separately, the committee also considered ‘The Constitution (Amendment) Bill, 2017 (Amendment of Article of 63-A)’, introduced by Senator Farhatullah Babar in the Senate. It approved the amendment in sub-paragraph (iii) of paragraph (B) of clause (1) of Article 63-A.
Senator Farhatullah Babar said that supremacy of the Constitution was the basis of Pakistan Constitutional and Political system and Parliament exercises supremacy within the jurisdiction assigned to it by the Constitution.
He said that existing provisions could not allow members to vote according their conscious on a constitutional amendment.
Published in Daily Times, October 20th 2017.
