PHA asked to withdraw illegal promotions to official

Lahore : A committee constituted by the Punjab Chief Secretary has recommended Parks and Horticulture Authority (PHA) to withdraw illegal promotions of a lower grade official from Field Supervisor (BS-16) up to Director (Horticulture/BS-19).

Some weeks back, The News had carried the story of exceptional growth of a gardener of grade 6 up till the seat of Director (Horticulture/BS-19). Following the story, the Chief Secretary constituted a committee to inquire into the irregularities into the promotion of Muhmmnd Javed Hamid, Director Horticulture/BS- 19), PHA Lahore.

A meeting of the committee was held on February 27 at the office chamber of the Provincial Secretary (Regulations) S&GAD and was attended by Ahmad Ali Kamboh, Provincial Secretary (Regulations) S&GAD, Zahid Sohail, Additional Secretary, HUD&PHE Department, Shahid lmtiaz, Additional Director, Law & PA Department, Imrana Touqeer, Deputy Secretary (Services), S&GAD and Aamir Ibrahim, Director (Administration), PHA, Lahore. The Director (Administration), PHA, briefed the participants about the promotions of Muhammad Javed Hamid currently posted as Director (Horticulture/BS-19). The Director said that Muhammad Javed Hamid was initially appointed as Supervisor, Horticulture (work charge basis) on 20.12.1988 and subsequently he was regularized as Field Supervisor (BS-06) after approval of Chief Minister vide order dated 22.03.1989.

He maintained that Muhammad Javed Hamid was granted selection grade BS-09 on 23.03.1991 and post of Field Supervisor was upgraded from BS-09 to BS 16 by DG, LDA vide order dated 30.06.1996 (personally to Muhammad Javed Hamid). In 1998, Muhammad Javed Hamid along with other horticulture staff of LDA was transferred permanently to PHA, Lahore, in the capacity of Field Supervisor (BS-16). He was promoted as Assistant Director (BS-I7) on the recommendations of Departmental Promotion Committee vide order dated 23.09.2006.

The minutes of DPC held on 19.09.2006, wherein, Muhammad Javed Hamid was promoted as Assistant Director (Horticulture) clearly reflect that his qualification was Matriculation with a Diploma of Field Assistant (two years) which he never possessed as he only had Diploma of Floriculture and Landscaping (one year).

The same fact must have been mentioned in the working paper prepared for the conduct of the DPC. He was promoted as Deputy Director (Horticulture/BS-18) on the recommendations of DPC vide order dated 10.12.2011 and he was promoted as Director (Horticulture/BS-19) on the acting charge on the recommendation of DPC vide dated 13.05.2017. Meeting minutes of the committee stated that after examination of the record, it was revealed that the eligibility criteria as laid down in LDA (Appointment & Conditions of Services) Regulations, 1978 (applicable in the instant case) for promotion to the post of Assistant Director (Horticulture/BS-17) was as follows: “50 per cent by promotion on the basis of seniority cum fitness from amongst the horticulture assistant (grade-16) with at least five years service as Horticulture Assistant.”

The feeding cadre for promotion to Assistant Director (Horticulture/BS-17) is clearly Horticulture Assistants (Horticulture/BS-16) and the qualification for initial recruitment of horticulture assistant is B.Sc Agriculture with horticulture as special subject as reflected in the said regulation, it maintained.

“Muhammad Javed Hamid possessing qualification of Matric and Diploma of Floriculture and Landscaping (one Year) was working as Field Supervisor (BS-16) when he was promoted as Assistant Director (Horticulture/BS-17) which surprisingly never had been a feeding cadre for promotion to the post,” the report said adding Director, LDA has clarified through a letter that no record is available, wherein, the post of Field Supervisor (BS-16) was re-designated as Horticulture Assistant Grade 16, Muhammad Javed Hamid could only have been promoted as Assistant Director (Horticulture/BS-17) through a suitable amendment in the LDA Regulations 1978 by incorporating Field Supervisor as feeding cadre for promotion to the post of Assistant Director (Horticulture/BS-17) which never had been done.

After taking into consideration the facts, the committee reached the following conclusions:-“The promotion of Muhammad Javed Hamid from Field Supervisor BS-16 to Assistant Director (Horticulture/BS-17) was illegal and void ab initio as the same was done in violation of the provisions of LDA (Appointment & Conditions of Services) Regulations. 1978 as the Field Supervisor (BS-16) had not been the feeding cadre for promotion to the post of Assistant Director (Horticulture/BS-17).” “Further the promotions of Muhammad Javed Hamid from Assistant Director (Horticulture/BS-17) to Deputy Director (Horticulture/BS-18) and subsequently Director (Horticulture/BS-19) on acting charge basis are nullity in the eye of law since it is a well settled principle of law that superstructure raised on illegal/fraudulent basis must fall. Reliance can be placed on 2017 PLD, 1 Supreme Court, 2016 SCMR 1704, 2015 PLD 212 Supreme Court.

In the light of the findings, the committee proposes following recommendations: The administrative department may be directed to withdraw the illegal promotions of Muhammad Javed Hamid from Field Supervisor (BS-16) up to Director (Horticulture/BS-19) on acting charge basis and he be reverted to the post of Field Supervisor (BS-16) and the exercise may be made after affording an opportunity of hearing to Muhammad Javed Hamid and means of a speaking order, reliance can be placed on 2007 SCMR 330.

The benefits already received by Muhammad Javed Hamid by performing duties on the posts of Assistant Director (Horticulture/BS-17), Deputy Director (Horticulture/BS-18) and Director (Horticulture/BS-19) on acting charge basis cannot be recovered on the basis of principle of locus poenitentiae.