OMG officers move SC over absorption of deputationists

ISLAMABAD: Civil servants from the Office Management Group (OMG) have moved the Supreme Court of Pakistan against the expected absorption of 90 non-cadre deputationists in the group, calling it a violation of the apex court orders.
Earlier the officers of OMG had written a letter to Secretary Establishment requesting him to refrain from absorbing aliens in their group as it will deprive the cadre officers of their right to promotion.
However, the Secretary Establishment had flatly rejected the OMG officers’ request saying that absorption of ex-cadre officers in OMG Grade 17 and 18 was legal as per the recent opinion of law ministry.
After the refusal of the Secretary Establishment, the OMG officers association decided to send its petition to the Human Right Cell of the Supreme Court pleading that the move is violation of the apex court’s judgment.
According to sources, the Establishment Division is planning to absorb 90 non-cadre officers including teachers and doctors in the OMG on the basis of a summary moved by former Prime Minister Raja Pervez Ashraf in 2013.
In their petition to the Supreme Court, a copy of which is available with The News, the OMG officers pleaded that the latest move would adversely affect the promotion and career growth chances of qualified cadre officers.
“It is submitted that, in near past, there was a dubious practice of change of cadre/induction of ex-cadre officers against the cadre posts of occupational groups and services. However, the apex court took serious notice of it; and in its Judgment in Crl. Org. 89/2011 (famous Sindh Government case of Supreme Court of Pakistan), it barred the governments to absorb/change the cadre of ex-cadre officers against cadre posts of occupational groups and services”.
“In the light of directions passed by the apex court Establishment Division (D&L Wing) issued office memoranda directing all Ministries/Divisions to avoid induction/change of cadre of ex-cadre officers against the cadre posts of occupational groups/services.”
“The same judgment applies to the Office Management Group (OMG) by all definitions and comprehensions,” says the petition.
“Moreover, as per OMG Constitution of 1975, there is no provision of change of cadre of ex-cadre deputationist Section Officers or their induction in OMG. However, a quota of 10% of its total seats is meant for deputation of cadre officers (CSS, PCS, Ex-PCS, PSS, and PMS) of federal and provincial governments purely to fill vacancies when there is no recruitment through CSS. Since recruitment through CSS is continuing so no point of posting of such deputations as well,” the petition argues.
They pleaded that after Supreme Court of Pakistan’s judgment and Establishment Division’s memoranda, posting-by-transfer against 10% of OMG seats stands null & void, obsolete and repealed.
The apex court in its judgment in review petition CRP 193/2013 announced on 5-1-2013: “Any appointment by transfer under Rule 9(1) has to be for a fixed term, and, on completion of such term, the Civil Servant has to join back his parent department. The word “appointment” used in the Rule 6(A) cannot be equated with the word ‘initial appointment’ used in the Act which excludes appointment by transfer and promotion,” the apex court order had stated.
The OMG officers are of the view that the elaboration by the apex court of 10% quota in OMG constitution is sufficient evidence that this was never meant for absorption, rather a tenure posting for other cadres to serve on OMG posts to gain expertise in secretariat working.
They also quoted Occupational Groups (Probation, Training, Seniority) rules 1990 which state: “Occupational Group or Service’ means any groups or service recruitment to which is made through the competitive examination conducted by the Commission from time to against BPS-17 posts under the Federal Government or any occupational group or service transfer to which is made from the Armed Forces by induction“.
Hence there can’t be any appointment in OMG except through competitive examination, which has been reaffirmed by the apex court in Crl. Org. 89 of 2011 and its review petition CRP 193/2013.
“However, as a result of wrong interpretation of this 10 % quota provision, a number of ex-cadre officers were inducted against the cadre posts of the OMG in the past. However, these inductee officers were required to be repatriated to their parent organisations in the light of above referred judgment and Establishment Division (D&L Wing) office memoranda; but the implementation process is at halt in Establishment Division due to certain “unknown reasons,” said the OMG officer’s petition signed by Ayaz Sarfraz, president of Officers of OMG Association.