By Tahir Maqsood Chheena
In recent times, a representation has been filed against the illegal and discriminatory orders of the Chief Secretary to transfer an individual as ADCG, Lodhran despite the completion of 12 years of service according to PMS Rules, 2004. This representation has been addressed to the Honorable Chief Minister of Punjab, highlighting the violation of rules and regulations by the Services and General Administration Department (S&GAD). The article clarifies the functions of S&GAD as per “The Punjab Government Rules of Business, 2011,” emphasizing that it is their responsibility to perform matters connected with the recruitment, training, pay, allowances, promotion, leave, postings and transfers of Provincial Management Service (PMS) officers. It also highlights the PMS rules and the appended schedule, which states that a PMS officer has the right to be promoted to grade 19 after completing 12 years of service. The article sheds light on the merit-based promotion policy for PMS officers, which promotes the principle of selection-on-merit rather than seniority cum fitness. Additionally, it raises concerns about the mismanagement and discriminatory practices of S&GAD, where PAS officers and powerfully linked officers are treated differently from PMS officers. The article raises important questions about the legality and constitutionality of the PAS service and urges for a transparent and merit-based appointment system to restore the governance system of Punjab.
The letter read as follows:
Respected Sir,
With reverence, I am filing a representation on the illegal and discriminatory orders by the Chief Secretary to transfer me as ADCG, Lodhran despite completion of 12 years of service according to PMS Rules, 2004. Before explaining the facts of the impugned orders, I would like to clarify how the Services and General Administration Department S&GAD functions.
2. S&GAD functions according to the “The Punjab Government Rules of Business, 2011.” Entry 23 of the rules ibid, states that it is the responsibility of the S&GAD to perform matters connected with recruitment, training, pay, allowances, promotion, leave, postings and transfers of Provincial Management Service PMS officers. It is pertinent to mention that PMS is the exclusive service of S&GAD, whereas Pakistan Administrative Service PAS is the service of the Establishment Division, Islam Abad. Therefore, federal PAS officers cannot hold positions in S&GAD, being a provincial department.
3. PMS takes its roots in Article 240 (b); Consequently, PCS Act 1974 was enacted, and therefore, PMS rules are derived from section 23 of the PCS Act 1974. Terms and conditions of PMS officers are regulated by the PMS rules and appended schedule. According to schedule IV PMS rules, 2004, it is a right of a PMS officer to be promoted to grade 19 after 12 years of service. The rule reads as follows:
4. “By promotion on the basis of selection-on-merit from amongst PMS officers holding posts in BS-18 and having at least 12 years’ service against posts in BS-17 and above.”
5. Simply put, the promotion is not based on the principle of seniority cum fitness but rather a selection on merit. Furthermore, promotion policy 2010 explains that at least three candidates should be selected for a selection post. Thus, all PMS officers should have been promoted to grade 19 after completing 12 years of service.
6. As I am a PMS officer, so, accordingly and as a matter of right, I filed several representations to the chief secretary of Punjab to appoint and promote me to grade 19. However, the office of the chief secretary and secretary of services has yet to reply to my representations. Legally, they must decide my representations. I filed another representation on the 10th of February, 2023, to appoint me as an additional secretary. However, rather than appointing me in grade 19 as a matter of right, the chief secretary has appointed me as an additional deputy commissioner in BS 18 without deciding my representation. The PMS rules and schedule are clear that I shall only be posted in grade 19 after completing 12 years of service. There is no way I may be posted in grade 18.
7. Respectfully, I have explained the legal position and my right to be posted in grade 19. Now, I refer to the meritless working of S&GAD. It treats civil servants in three ways. They treat Pakistan Administrative Service PAS officers differently and Provincial Management Service PMS officers differently. Then, there is the third category of powerfully linked officers belonging to PAS and PMS, whom they treat differently.
8. Let me begin with their treatment of PAS officers. PAS erstwhile PAS/CSP/APUG/DMG was not framed by enactment but rather an agreement between federation and provinces. However, this agreement was never made, as decided by the chief information commissioner Islam Abad in my appeal. CSP rules of 1954 are the driving force of PAS. How can the 1954 rules still be legally and constitutionally enforceable when Pakistan is a federation, especially after the 18th Amendment? Hence, CSP rules and PAS service is illegal, unconstitutional and fraudulent. Furthermore, how can PAS take effect on CSP rules of another service when administrative reforms by ZA Bhutto abolished CSP? It is the worst white-collar crime committed by the Establishment Division, Islam Abad, through the extension of DMG/PAS services.
9. Coming back to S&GAD, although it is a provincial department to regulate provincial services, it is always controlled by the PAS mafia. The chief secretary, additional chief secretary, secretary services and even DS services are PAS officers. Under what law federal PAS officers can regulate provincial services and departments? As S&GAD is a PAS mafia, therefore, they always appoint PAS officers to higher posts in complete denial of law, merit, transparency and August Supreme Court Judgements. Then, they always misguide the political executive, including the chief minister, to retain their illegal, fraudulent and unconstitutional possession. Let me explain their figures for posting! There are approximately 300 PAS officers, and more than 200 PAS officers are erratically posted in complete negation of merit, transparency and SC judgements. Therefore, Punjab’s whole system of governance has collapsed as there needs to be merit in appointments. For example, junior grade 18 officers of PAS are deputy commissioners and director generals on grade 20 posts. Moreover, the Chief Secretary post is grade 22 post whereas present Chief Secretary is illegally holding the position being in grade 21.
10. Then, S&GAD treats PMS officers as untouchables. PMS officers are the legitimate proprietors of provincial posts. However, they are marginalized by PAS to further their possession and interests. This possession is in total negation of provincial autonomy. For PMS officers, they are like viceroys who would rule the provinces as their subjects. S&GAD, under the PAS mafia, halts in all ways the career growth of PMS officers, which otherwise is the obligation of S&GAD. They do it intentionally because their illegal growth is dependent on the exploitation of the legal development of PMS officers.
11. Furthermore, if one has connections, one will get higher postings; if one does not, one will be sidelined and discriminated against. I have been the president of the PMS officers association Pakistan and currently leading the representative association of provincial civil services of Pakistan. Therefore, I am always their target because I have been fighting this mafia for four years. During these four years, we have proved that their existence is based on a fraudulent agreement, and they have always deceived the political executive, judiciary and people of Pakistan. There are injunctive orders on their existence in provinces; however, they deny the court orders, even in Punjab. The Senate has called them unconstitutional and directed Establishment Division to legislate an All Pakistan Service bill on All Pakistan posts. Then, how can they be posted in Punjab?
12. Lastly, I would request your honour that it is my legal and established right to be posted in grade 19, as my juniors are working in grades 19 and 20; therefore, illegal and discriminatory orders of posting me as ADCG may be withdrawn and I may be posted in grade 19 post of PMS cadre according to PMS Rules, 2004 read with all laws, rules and regulations.
