Chaudhry Muhammad Latif
The constitutional institution of Public Service Commission (PSC) fell vacant due to completion of tenure of the preceding PSC 8 months ago. Such institutions ought to be made functional without any loss of time. Earlier governments used to exploit such opportunities for nepotism and political accommodation. This time, although some delay occurred, but the decision taken by the Prime Minister has compensated the delay with the establishment of an ideal PSC based purely on merit and absolute impartiality.
There seems no interference of political gain by making the composition above board and with minimum strength but admirable quality. The AJK, PSC has suffered serious setbacks in the past, although the selection of Chairman and members was not below standard as the earlier chairmen also held so high a profile as Chief Justice of Supreme Court, a Lt. General, and an Air Marshal. Their selections however, were tarnished by nepotism and political accommodation. The high ranks and large membership were of no use for the nation except disbursing high pay, perks, and privileges. That is why some of the Chairmen and members were prematurely removed with unhealthy remarks of inefficiency because they had badly failed to select candidates in time, and the vacancies in departments caused irreparable loss to government performance in addition to the fact that ad-hoc appointees also suffered the pain and torture of uncertainty of career despite their satisfactory output. The ad-hoc appointees were blackmailed for seeking extension after every six months. It should be borne in mind that ad-hoc employees are appointed under the legal provisions of Civil Servants Acts, 1976, as a stop gap arrangement. Ad-hoc appointees should be dealt with sympathetically as they are under duress of uncertainty of their career for the faults and defaults of the PSC.
Justice demands that their length of ad-hoc service should be assigned due weight e.g 5 year service may be allocated one mark in their interview. There are examples of victimization of ad-hoc employees. An ad-hoc lady lecturer of Muzaffarabad was appointed in 2010 and was posted at Athmaqam Girls College for 7 years, transferred to Khoi Ratta district Kotli for 3 years and then posted in Girls College Leepa up to date with 14 years ad-hoc service.So inefficiency of the PSC is explicit. Inordinate delays in selection process of candidates was exploited by political authorities who attempted to bypass the jurisdiction of PSC twice. In the year 1992 a law was promulgated to regularize a large number of favorite ad-hoc appointees. The law was challenged before the High Court and was declared repugnant to fundamental rights and discriminatory. The judgement was upheld by the Supreme Court and as a consequence about 600 regularized ad-hoc employees were removed from service. Besides, 34 officers had also been declared permanent by exercise of power under section 22 of Civil Servants Act 1976. The Supreme Court also set aside these 34 appointments and held that the direction of the government postulated under section 22 of the Act is available post-facto to the induction of the person in civil service, but does not come in play at the stage of initial recruitment. In second attempt in 2021, again a similar law has been enacted but not implemented so far.
In circumstances narrated above it is a matter of great satisfaction that PSC has been reconstituted and a constitutional body has been restored. The reconstitution is apparently commendable due to the manifest qualities of merit and impartiality. It has generated a hope and confidence in young qualified candidates of AJK. The Chairman and the members each has his distinct credentials and selection is above board free from political motive rather national cause has been kept in view. The selection of the chairman, Lt. General (Retd) Hadayat-ur-Rehman, a resident of Bonji area, Astore, GB, has been appreciated by all segments of society. His appointment reminds the golden tenure of Col Mirza Hassan Khan, who held the positon of Defense Secretary in AJK when Azad Kashmir Regular Forces (AKRF) has not yet been merged in Pakistan Army. Col Mirza Hassan Khan has left a heroic history. AJK can never forget the supreme sacrifice of Col Kazim Shaheed, Sitara-e-Jurrat, of 12 AK, Shadat in Comilla sector. While he was leaving from Muzaffarabad for his destination he told his great mother “you are making preparations for my marriage and I am going for Nishan-e-Haider”. Incumbent Chairman of PSC can contribute to bridge up the brotherly relations of two units of administration. The CPEC route which has been planned to pass through Astore to Kel and Muzaffarabad can be expedited which could be beneficial for both units. Besides, the students of GB are studying books of Punjab Text Book Board, could utilize the services of AJK Text Book Board as both units have common background of history, geography, culture and above all a common goal of liberation of Kashmir.
The failure of PSC to make prompt selection of suitable candidates is partly due to cumbersome selection process adopted by the commission, who have been subjecting every post and each candidate for any vacancy to a written test which obviously consumes a lot of time. Whereas the law requires a written test only for the posts of AC/ASP/ACF and Sub judge for which syllabus for written test has been notified by the government. Law does not prescribe written test for the post of Doctors, Engineers, Lecturers and similar other posts for which no syllabus has been enforced. These categories of posts should be selected on the basis of academic records and interview for which prescribedproforma is available with the PSC.
The writer is Retired Additional Chief Secretary of AJK and Advocate Supreme Court of AJK.