SC orders repatriation of deputationists

ISLAMABAD: While passing a historic judgment, the Supreme Court (SC) ordered federal government to repatriate all the officers working on deputation in regular service cadre ‘Office Management Group.’

The News reported on February 18 that by using its DMG appointees in Establishment Division and Prime Minister Office, the government was pursuing a policy to induct maximum non-cadre officers generally teachers, veterinary doctors etc in regular service cadre of OMG. It was highlighted that for inducting such ‘favourite’ non-cadre officers, usually illegally hired against merit against their original positions, the federal government was consistently violating apex court 2013 judgment. The continued practice raised many eyebrows as next general elections are approaching. In its 2013 and 2015 judgments on the subject, the SC had already ordered federal and provincial governments to repatriate and demote all officials inducted illegally and in violation of rules. Establishment Division was consistently resisting apex court judgment in order to accommodate ‘favourits’ of federal government.

The apex court on Thursday (March 30, 2017) while disposing of a contempt petition against Establishment Division ordered repatriation all deputaionists from OMG seats to their parent departments within next four months (starting from March 30) and to streamline the policies of deputation and appointment by transfer in OMG as per two judgments passed in 2013 (SCMR 1752) and in 2015 (SCMR 456).

The crucially important verdict for the country’s bureaucracy will stop illegal absorption and frivolous deputation which are tools used by the rulers to induct their near and dear ones on top positions in bureaucracy without passing of CSS competition examination.

The decision was announced by the SC bench comprising Justice Amir Muslim Hani, Justice Qazi Faez Isa, and Justice Sardar Tariq Masood while disposing off Cr OP 182/2016 filed by OMG officers against contempt of court by Secretary, Establishment Division.

During the hearing, the judges noted with concern the posting of ex-cadre civil servants and non-civil servants against OMG seats and declared that only officers of provincial secretariat could be posted in federal secretariat against 10 percent posts reserved for appointment by transfer. It is necessary to mention that selection for OMG is made through CSS and promotion of secretariat officials. The absorption of non-civil servants in OMG made in the past will also be reviewed under spirit of this judgment because through the aforementioned judgments the absorptions done in Sindh since 1994 onward were declared null and void by the Supreme Court. However, DMG baboos running the show under present dispensation and dominating decision-making in Prime Minister Office and Establishment Division have no plans to implement apex court judgment in letter and spirit. It is important to mention that Establishment Division secretary had moved a summary for repatriation of absorbees which was not finalised because of confusion around whether the aforementioned judgments are applicable to federal services or not. Now the court has given direction to bring policy in line with judgments, the previous absorption would also come under examination.