SHC asks govt to justify transfer and posting on OPS basis

KARACHI: The Sindh High Court (SHC) on Tuesday asked the provincial law officer to justify transfer and posting on own pay scale (OPS) basis and award of additional charge to government officers.

Hearing a petition against appointment of lower grade officers on higher grade on own pay scale and awarding additional charges to government officers in different departments, the SHC division bench headed by Justice Muhammad Shafi Siddiqui directed the provincial law officer to justify the said steps.

Petitioner Syed Manzoor Shah and others had sought a declaration to the effect that the posting and transfers of government servants on OPS basis, look-after charge and in addition to his duties are illegal, unconstitutional and violative of fundamental rights. He said that OPS officers are not entitled to hold the higher post under Rule 8-A (i) of Sindh Civil Servants (Appointment, Promotion & Transfer) Rules, 1974, and without the approval of the Departmental Promotion Committee, adding that such assignment given to them is in direct conflict with the decision rendered by the SC. He said that over 800 government officers were being awarded additional charges in different departments of the province and several officials have been appointed on OPS beyond and above their pay scales. The provincial law officer submitted that since the eligible officers were not available, therefore, this recourse was adopted and some of the officers from the lower pay scale were appointed on OPS on a higher pay scale.

The court observed that this could hardly be a stopgap arrangement for six months and unless recourse is made for such appointments strictly on merit considering the promotion or direct appointment, as the case may be, these OPS officers should not have been allowed almost for more than six months, apparently in compliance of the judgment of the Supreme Court.

To a court query about the compliance of Supreme Court’s directives, the provincial law officer submitted that compliance report in this regard following the mandate given by the SC shall be filed in a week. The court inquired that provincial law officer to show any provision of law and or rule under which a provincial civil servant can be appointed on an OPS basis. The law officer conceded that there was no specific provision in Sindh Civil Servants Act or rule which permits appointment on an OPS basis. He, however, submitted that in exigencies, the government makes such appointments as a stopgap arrangement.

The court observed that obviously, this practice of appointment on OPS basis has always been discouraged by the Supreme Court in the aforesaid case, as it does not have any sanction of law, besides it impinges the self-respect and dignity of the civil servants who are forced to work under their rapidly and unduly appointed fellow officers junior to them. The court observed that discretion of nature, if allowed to be vested in the competent authority, will offend valuable rights of the meritorious civil servants besides blocking promotions of the deserving officers.

The provincial law officer referred to Rule 8-A of the Sindh Civil Servants (Appointment, Promotion, and Transfer) Rules, 1974, and argued that the competent authority is empowered to appoint a civil servant on acting charge and current charge basis. He said that besides, it provides that if a post is required to be filled through promotion and the most senior civil servant eligible for promotion does not possess the specific length of service, the appointment of the eligible officer may be made on acting charge basis after obtaining approval of the appropriate departmental promotion committee/selection board.

The court directed the provincial law officer to file comments to appreciate the stance on the issue of OPS and adjourned the hearing for two weeks.