ISLAMABAD - The federation on Monday assured the Supreme Court of Pakistan to fill the Pakistan Administrative Service (PAS) and Police Service in Pakistan (PSP) posts in Sindh under Rule 7(1) of the Civil Service of Pakistan (Composition and Cadre) Rules, 1954.
A three-member bench of the apex court headed by Chief Justice of Pakistan Justice Umar Ata Bandial conducted hearing of the Sindh government application, filed under Article 184(3) of Constitution, regarding posting/transfer of PAS & PSP officers from the Sindh province.
Advocate General Sindh Salman Talib-ud-Din explained that the posts sharing agreement between the federation and 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 that 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%, BS-18 40%, BS-19 50%, BS-20 60% and BS-21 65%. “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.
Attorney General Khalid Jawed Khan submitted that on account of shortage of officers the prescribed ratio of sanctioned posts indicated by Sindh cannot be met fully. He said that the grievance raised by Sindh is related to Rotation Policy of PAS/PSP officers, which is updated on 05-08-2020, under the Civil Servants Act 1973 wherein the male officers who have served more than five years have to be pulled out of the province.
The Attorney General said that the officers’ posting is not done with mala fide intentions and any extraneous reasons. He submitted that the federation would do its best to recruit more officers of BS-17 this year, while posting of BS-18 and above will take some time. He said that in Sindh the BS-17 officers are 98, while in Punjab there are 65 and in Khyber Pakhtunkhwa 63.
Apex court conducts hearing of Sindh govt’s application regarding posting/transfer of PAS & PSP officers from province
The AG Sindh explained that the rotational policy is not an issue, but the shortage of officers can be shared with the province under Rule 15(1) of the Rules, 1954. He said that they don’t say the officers are not transferred, but the federal government should tell which officers will be posted in Sindh.
The bench noted that the question as to what sort of consultation required under Rule 15 for the enforcement of the rights of the province can override Rule 7(1) is the point between the Sindh and the federation.
Justice Mansoor questioned that how the dispute between the federation and Sindh province regarding posting/transfer of BS-17 to BS-21 officers lies under Article 184(3) of Constitution. He said that 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).
The Attorney General said that provincial government can also fill the posts in all cadres through Provincial Management Service (PMS). The provinces have their own management services.
He said that the real issue is rotational policy, and many PAS officers are working in Sindh for the last 20 to 25 years, and they do not like to be transferred out of the province. He said that the officers are posted in relation to the transfer.
Justice Ayesha Malik questioned that how the rotational policy is given effect when the officers have to be changed after five years and in Sindh the officers are being changed after 23 years. Justice Mansoor Ali Shah noted that the rotational policy is altogether different from allocation.
Justice Bandial said that the rotational policy cannot override the Rule 7(1) and the adjustment has to be made in accordance with the provisions of the Constitution. It cannot be unilateral. He said that the question is whether the rotational policy can be imposed in derogation of Rule 15 of the Rules 1954.
Later, the apex court adjourned the hearing till March 1 for further proceedings.
Sindh Chief Minister Murad Ali Shah on November 23, 2021 wrote a letter to Prime Minister Imran Khan, wherein he stated that the federal government has not posted even 50% of the BS-17 to BS-21 share in Sindh in the last several years. “As we are discussing BS-20 officers, out of 67 seats, services of only 20 All Pakistan service officers are presently available to Sindh. Thus, there is a massive shortfall of 47 PAS officers in Sindh. In case of PSP officers (BS-20), only 22 are posted against a total strength of 26 i.e. a shortfall of four PSO officers (BS-20),” said the letter.
He further wrote that the Sindh government has approached the federal government several times with the request to post the required number of officers. In February 2021, the Sindh government wrote to the Establishment Division to provide the requisite number of officers against the posts reserved for them.
A three-member bench of the apex court headed by Chief Justice of Pakistan Justice Umar Ata Bandial conducted hearing of the Sindh government application, filed under Article 184(3) of Constitution, regarding posting/transfer of PAS & PSP officers from the Sindh province.
Advocate General Sindh Salman Talib-ud-Din explained that the posts sharing agreement between the federation and 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 that 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%, BS-18 40%, BS-19 50%, BS-20 60% and BS-21 65%. “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.
Attorney General Khalid Jawed Khan submitted that on account of shortage of officers the prescribed ratio of sanctioned posts indicated by Sindh cannot be met fully. He said that the grievance raised by Sindh is related to Rotation Policy of PAS/PSP officers, which is updated on 05-08-2020, under the Civil Servants Act 1973 wherein the male officers who have served more than five years have to be pulled out of the province.
The Attorney General said that the officers’ posting is not done with mala fide intentions and any extraneous reasons. He submitted that the federation would do its best to recruit more officers of BS-17 this year, while posting of BS-18 and above will take some time. He said that in Sindh the BS-17 officers are 98, while in Punjab there are 65 and in Khyber Pakhtunkhwa 63.
Apex court conducts hearing of Sindh govt’s application regarding posting/transfer of PAS & PSP officers from province
The AG Sindh explained that the rotational policy is not an issue, but the shortage of officers can be shared with the province under Rule 15(1) of the Rules, 1954. He said that they don’t say the officers are not transferred, but the federal government should tell which officers will be posted in Sindh.
The bench noted that the question as to what sort of consultation required under Rule 15 for the enforcement of the rights of the province can override Rule 7(1) is the point between the Sindh and the federation.
Justice Mansoor questioned that how the dispute between the federation and Sindh province regarding posting/transfer of BS-17 to BS-21 officers lies under Article 184(3) of Constitution. He said that 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).
The Attorney General said that provincial government can also fill the posts in all cadres through Provincial Management Service (PMS). The provinces have their own management services.
He said that the real issue is rotational policy, and many PAS officers are working in Sindh for the last 20 to 25 years, and they do not like to be transferred out of the province. He said that the officers are posted in relation to the transfer.
Justice Ayesha Malik questioned that how the rotational policy is given effect when the officers have to be changed after five years and in Sindh the officers are being changed after 23 years. Justice Mansoor Ali Shah noted that the rotational policy is altogether different from allocation.
Justice Bandial said that the rotational policy cannot override the Rule 7(1) and the adjustment has to be made in accordance with the provisions of the Constitution. It cannot be unilateral. He said that the question is whether the rotational policy can be imposed in derogation of Rule 15 of the Rules 1954.
Later, the apex court adjourned the hearing till March 1 for further proceedings.
Sindh Chief Minister Murad Ali Shah on November 23, 2021 wrote a letter to Prime Minister Imran Khan, wherein he stated that the federal government has not posted even 50% of the BS-17 to BS-21 share in Sindh in the last several years. “As we are discussing BS-20 officers, out of 67 seats, services of only 20 All Pakistan service officers are presently available to Sindh. Thus, there is a massive shortfall of 47 PAS officers in Sindh. In case of PSP officers (BS-20), only 22 are posted against a total strength of 26 i.e. a shortfall of four PSO officers (BS-20),” said the letter.
He further wrote that the Sindh government has approached the federal government several times with the request to post the required number of officers. In February 2021, the Sindh government wrote to the Establishment Division to provide the requisite number of officers against the posts reserved for them.
