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February 25, 2020

CM’s help sought in resolving PAS-PMS conflict

Lahore

February 25, 2020

LAHORE :The Establishment Division Islamabad is exercising the powers of provincial government illegally and unconstitutionally on key posts of the Punjab province, claimed Provincial Management Service (PMS) Officers Association in a letter written to Chief Minister here Monday.

In the letter, PMS Officers Association Punjab President Tariq Mahmood Awan said that the Establishment Division is exercising the authority of CM Punjab, provincial cabinet and provincial assembly in terms of posts connected in the affairs of Punjab.

“Article 240 (b) explains only provincial assembly, provincial cabinet and the chief minister have the legal executive authority to regulate posts of the province. And Article 97 further explains the federal executive authority will only extend to federal subjects and this authority will not extend to provincial subjects. Similarly Article 142 (a) and (c) further explains that federal government cannot legislate now on matters pertaining to provinces where the provinces have the authority to legislate”, he mentioned. He said after the abolition of the concurrent list, the provinces are empowered exclusively to legislate and execute residuary and provincial subjects without federal government intervention.

Presently establishment division is not only applying the federal rules but also placing officers on almost all important slots in the provinces making the provincial government and assembly weak in their own sphere of governance.

The PAS are federal officers and their terms and conditions of service are determined by the establishment division. The PAS officers do not fall under the direct control of the chief minister, provincial cabinet and assembly unlike the PMS officers answerable to CM, cabinet and assembly being provincial civil service.

The PMS Association Punjab has requested the chief minister that law and Constitution be applied on the civil service and PAS vs PMS conflict be resolved in line with law and in the first phase, the PMS officers may be restricted to their 47 seats. Federal task force on civil service reforms is encroaching upon provincial posts against lawful authority, the association said and demanded the CM take up the issue with the federal government.