Altaf Hamid Rao.
MIRPUR (AJK), (Parliament Times) : “Association of Administrative Federalism has vehemently opposes the induction of PMS into PAS and will not budge from its constitutional stance that PAS/PSP are unconstitutionally recruited, promoted, and posted on provincial subjects and the posts thereon”, the organisation said.
“The notification of newly inducted PMS/PCS officers into PAS in Grade 19 is nothing more than a ploy to legitimize the unconstitutional service through mere SROs by passing the parliament and provincial assemblies”, the organisation said in a press statement issued here late Tuesday.
The detailed statement continued as saying “the federal government unilaterally issued SRO 1046(1)2020 dated 14-10-2020 and a notification issued on 12 March 2021 published in the Gazette of Pakistan wherein the federal government has amended the CSP rules, for the purpose to reserve and regulate the posts connected with the affairs of the provinces.
They changed the definition of Federal government and provincial government through SRO 1046, wherein the words federal government and provincial government have been substituted with the “Prime minister and the person authorized by him”, and “the Chief Minister and the person authorized by him”, respectively.
In continuation of this SRO, the Secretary Establishment Division has become “the government” and changed the IPCC formula from percentage to fixed numbers. This is the same formula of 1993, through which the provincial posts are reserved for the PAS in a caretaker government. It was confidential until 2020 when it was unearthed.
Provincial Management Services (PMS) and Provincial Civil Services (PCS) induction into Pakistan Administrative Service Rules, 2020 issued through SRO 274(I)/2021. This was notified by the Federal Public Service Commission (FPSC).
Article 242(1) states that “the affairs of the Federation, and the Provincial Assembly of a Province about affairs of a Province, may, by law, provide for the establishment and constitution of a Public Service Commission”.
FPSC has overstepped and has committed perversion of the constitution.
The government of Sindh notified a committee under the chairmanship of Syed Nasir Hussain Shah (minister local govt, forest, and information Department with the mandate to look into the matter. PAS officers were also part of the committee.
The minutes issued on 04/05/2021 say that the SRO-1046 has encroached upon the authority of the provincial government and has reserved and taken away the posts in connection with the affairs of the province. Furthermore, provinces are not consulted as per their own impugned CSP rules of 1954 (Read section 17) with the provinces before issuing the SRO thereof. The so-called saving clause (Article-241) has no utility because, under Article 240-A and Article 240-B, separate Civil Servant Acts are promulgated by respective legislatures.
Therefore, the Association of Administrative Federalism rejects the induction of PMS/PCS into PAS and will never be a part of the unconstitutional and illegitimate colonial service. “Administrative Federalism shall reign supreme”, the statement concluded.