Finance Division’s Office Memorandum on promotions set aside

ISLAMABAD: The Federal Services Tribunal has set aside the Finance Division’s Office Memorandum of March 31, 2021 under which the time scale for private secretaries to be promoted to Grade 18 and 18 to 19 under the Establishment Division’s Office Memorandum of June 2, 1983 has been set aside.

Five years of service was made mandatory for promotion. The time scale for promotion was abolished and the length of service rule was reduced to 5 years and 12 years respectively.

For Grades 18 and 19, the rule of length of service of Office Memorandum of June 2, 1983 will be applicable, which will be 5 years and 7 years of service respectively in Grade 17. The Federal Service Tribunal passed the decision on a petition by Zahid Hussain, who had challenged the Finance Division’s OM. The hearing was conducted by members of the tribunal, Asim Akram, Muhammad Javed Ghani and Dr. Mujeeb-ur-Rehman. The petitioner was adamant that despite his twelve years of service in Grade 17 and seven years in 18, he was not promoted to Grade 19 to which he was entitled under the O.M of June 2, 1983.

In response, the Finance Division took the position that under the June 2 OM, the right to time scale promotion was specifically given to the Executive Secretaries, which led to a discriminatory situation among civil servants. So, the Finance Division issued an OM on March 31, 2021, with the approval of the prime minister, according to which the length of service of the applicant was not complete, so the petition should be rejected. Under this OM, twelve years of service for promotion from Grade 17 to 18 should be mandatory, it contended.

In the decision, it was declared that the Finance Division had exceeded its authority by issuing the OM and amending the civil rules was not its authority. This authority belongs to the Establishment Division under the rules, therefore, the OM of the Finance Division is declared null and void. It has been said in the decision that promotion should be made under OM 1983 of the Establishment Division. Under this, five years of satisfactory service will be required for promotion in Grades 17 to 18 and seven years for Grade 18 to 19.