AOAF to initiate Contempt proceedings against Establishment Division: Wazir

Desk

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The President of the Association of Administrative Federalism, Pakistan, has rejected the induction of PMS/PCS officers into the Pakistan Administrative Service PAS. In a press release, Noman Wazir said that the Establishment Division has already promoted the PAS officers on a contempt case. It again inducts the provincial civil servants into the PAS against the conditional stay order. It shows that the Establishment Division does not care about the court orders. He said the association would file a contempt case on Establishment Division for inducting the provincial civil servants.

He further stated; it is a deliberate attempt to legitimize the unconstitutional service through mere SROs bypassing the parliament and provincial assemblies.

The federal government unilaterally issued SRO 1046(1)2020 dated 14-10-2020 and a notification issued on 12 march 2021 published in the Gazette of Pakistan wherein the federal government has amended the CSP rules to reserve and regulate the posts connected with the affairs of the provinces.

They changed the definition of Federal government and provincial government through SRO 1046, wherein the words federal government and provincial government have been substituted with the “Prime minister and the person authorized by him” and “the Chief Minister and the person authorized by him”, respectively.

In continuation of this SRO, the Secretary Establishment Division has become “the government” and changed the IPCC formula from percentage to fixed numbers. This is the same formula of 1993, through which the provincial posts are reserved for the PAS in a caretaker government. It was confidential until 2020, when it was unearthed.

Provincial Management Services (PMS) and Provincial Civil Services (PCS) induction into Pakistan Administrative Service Rules, 2020, issued through SRO 274(I)/2021. It was notified by the Federal Public Service Commission (FPSC). Article 242(1) states that “the affairs of the Federation, and the Provincial Assembly of a Province about affairs of a Province, may, by law, provide for the establishment and constitution of a Public Service Commission”. FPSC has overstepped and has committed perversion of the constitution.

The Sindh govt notified a committee under the chairmanship of Syed Nasir Hussain shah (minister of local govt, forest, and information department with the mandate to look into the matter. This committee also has PAS officers.

The minutes issued on 04/05/2021 says that the SRO-1046 has encroached upon the authority of the provincial government and has reserved and taken away the posts in connection with the affairs of the province. Furthermore, provinces need to be consulted as per their own impugned CSP rules of 1954 (Read section 17) with the provinces before issuing the SRO. The so-called saving clause (Article 241) has no utility because, under Article 240-A and Article 240-B, respective legislatures promulgate separate civil servant acts.

Therefore, the Provincial Management Service Association rejects the induction of PMS/PCS into PAS and will never be a part of the illegitimate colonial service. Consequently, they shall file a contempt case on Establishment Division, Islamabad.