Brief about the case

guys we r the most complacent lot i am writing down a brief so that all are erudite:

The case of our concern started in 2005 when TO s of finance were upgraded, Our aos went to court to demand their up-gradation as there was discrimination met to them by MOF. we are also an attached department of finance so in the representation Aos demanded up-gradation of federal setup as well. This means all POSTS OF GRADE SEVENTEEN OUGHT TO BE UPGRADED in CGA. Ministry of finance said that they will upgrade all accounts officers post when the issue of provincilization of accounts will be settled

Now what is provincilization of accounts?

In 1965 DAO setups were established and it was decided that the job of pre audit at district and accounting at provincial level will be handed over to provinces means there ought to be provincial management service since 1965

however according to article 168 to 171 The auditor general was supposed to maintain the accounts of our country so Auditor general had always this loci standee that maintenance of accounts is a federal subject, however, in 2001 the office of cga was created and another debate started that whether CGA ordinance is in consonance with the spirit of constitution . can in a federation a federal institution maintain accounts of province . and can Auditor general authorize CGA to maintain accounts on its behalf

This debate was heated when in 2006 NCR also recommended provincialization of accounts. It was decided in the cabinet to have representation from law ministry , human resource department and attorney general having conflicting views to sit with MOF and AGP to resolve the issue. But that forum was never created . and accounts all over pakistan are still being run at two level One at provincial level as TO and one is at federal level as DAO . here is another irony that both cga and Tos are department of MOF

AG punjab letter / answer and CGA answer

In the fst in reply Ag punjab endorsed the demands of AOs They said the matter of posts of AOs is a separate issue from provincialization of accounts and as the provincial setup is upgrade the federal setup needs also to be up-graded.

the matter in contest shall be dealt separately as provincialization of accounts is a DECADE OLD dispute and it needs an amendment by two third majority in the constitution . Up-gradation has to be decided by executive and MOF should up-grade federal structure as they are more qualified , KNOW SAP (HAHAHAHAHAHAHA) AND there exam and selection is meritorious Now this document and then CGA recommendation to FST and their letter to finance is of prime most importance. They urge the MOF to de- link the issue from provincialization of accounts and resolve a genuine plea on merit AG Punjab wrote HE HAS NO OBJECTION IF THE ACCOUNTS OFFICERS ARE UPGRADED IN A MANNER SO THEY BECOME SENIOR TO THEIR IMMEDIATE JUNIORS (I DONT KNOW BUT THIS POINT IS MISSING IN EVERY PLEA FROM US) MINISTRY OF FINANCE REPLY

IN REPLY mof AGAIN TOOK ITS STAND THAT THE aos cannot be upgrade on the simple principle of parity.They reiterated their position that the posts of DAOs will be upgrade once accounts are handed over to provinces They also took this plea that there is regular accounts service on federation and AOS HAVE PROMOTION AVENUE IN PAAS SO THEIR UPGRADTION WILL COLLAPSE HIERARCHY (BUT THIS WAS THE ONLY TIME WHEN THE NAME PAAS APPEARS IN THE WHOLE PROCEEDINGS) THE MAIN CONTESTING POINT WAS THE MISSING ROLE OF ESTABLISHMENT DIVISION. MOF CONTENTION WAS THAT ESTABLISHMENT DIVISION IS THE AUTHORIZED FORUM TO RECOMMENDE UP-GRADATION AND mof TO AUTHORIZE IT. not CGA

however as establishment was solemnify during the whole proceedings The court didnt listen to MOF and to end discrimination in the similar posts/identical posts ought to be up-graded in ministry of finance. Court rejected as MOF unjustly upgraded the posts in provincial setup while ignoring federal department (the impetus was again a letter from cga in which they mentioned KPK where there is even a post of senior accounts officer in grade 19 in large districts also under MOF. so why MOF is discriminating to employees of CGA which is also an ATTACHED DEPARTMENT OF finance. they also send proposal to upgrade the POSTS OF GRADE 17 , 16 AND 11 TO HIGHER GRADES IN 18, 17 AND 16) COURT DECISION FST recommended up gradation of posts in 2008 No body cared to to contest it and the decision was finalized after the option of appeal was time barred. In 2009 AOs again went to FST to implement its decision. Now there is lot of legal jargon in two implementing orders . the scope of order and blah blah which is of interest to lawyers My lawyer says that FST could not issue a directive to implement its recommendation (and he is amongst the leading service lawyers of PAKISTAN)

However the directive was issued to implement the decision in 90 days whether THE DEPARTMENT LIKES IT OR NOT again after time barring the appeal MOF along with cga lukewarmly went to supreme court in 2010 (march) the CJ was rightly exasperated to see representative of CGA coming and opposing up-gradation .

MOF was again adamant that the procedure of upgradation has to be initiated by establishment and FST recommendation cannot be implemented as the procedure is not adopted However the pleas WAS RIGHTLY DISMISSED (YES RIGHTLY DISMISSED ALL LAWYERS WHICH I HAVE CONSULTED ARE UNANIMOUS, EXCEPT OUR QUIXOTIC AND UTOPIAC CUSTODIANS OF SERVICE) THUS TO END DISCRIMINATION ALL SIMILAR POSTS WERE TO BE UP-GRADED IN cga IN 15 DAYS WITH A DIRECTION TO SHOW THE IMPLEMENTING ORDERS BY CGA, MOF AND ESTABLISHMENT TO CJ OUR SENIORS AND THE INJUSTICE TO US

our whole department is being run illegally did any one ponders why there are so many AOs when the idc cadre is only 800 odd because each DG has appointed illegally AOs against posts vacated as a result of deputation in agpr there are 118 AOS against requisite 18 posts in my department there are 45 aos against 25 posts and this is only the strength of AOs. the same is with aaos and snior and junior auditors Aos , aaos and senior and junior auditors are up-graded on a mass basis to conceal this massive corruption i am sure that this will be a scandal of the most immense severity in the history of governance of Pakistan, these upgraded officers follow no merit , they are way above requisite strength and they are up-graded without following rules and regulations in the most absurd way possible Matriculate senior auditors are now gazetted grade 16 officers people having only 3 to 4 years of service are regularly promoted against non vacant post from grade 16 to 18 and now they are demanding senior status over 30 to 40 years senior idc officers by the connivance of our dgs AOS RIFT

guys currently there are three groups of AOs who will file against each other if DAGP issues a combined seniority list or change SROs all DGS WILL BE IN DEEP SEA IF THIS NEWS BREAKS OUT WELL IF THE AOS WIN THE CASE AGAINST US (IDC CADRE) THE AOS OF MAG WILL FILE AGAINST THE UPGRADED AOS OF CGA (CONFIRMED NEWS) AS THEY WILL NOT TOLERATE ILLEGALLY APPOINTED / UP-GRADED AOS

THE UP-GRADATION CANNOT BE REVERSED SUPREME COURT HAS AWARDED AT LEAST 25 UP-GRADATION ON THE VIRTUE OF SAID DECISION WE DAGP HAVE GIVEN ALL DC CADRE PEOPLE ARREARS AND PAY FROM 2005 WE AS SUPERVISORS CANNOT WRITE ACRS , DIRECT ANY AAO A FACT ESTABLISHED IN 1983 BY SUPREME COURT OUR UP-GRADATION WAS ALSO RECOMMENDED IN THE FINAL SUMMARY SEND BY CGA READ THAT GUYS THE ISSUE IS NOT THE UP-GRADATION OF DC CADRE BUT THE UP-GRADTIONS OF POSTS BUT THE SERIOUSNESS IS EVIDENT FROM THE FACT THAT NO REPRESENTATIVE OF OUR DEPARTMENT ARRIVED ON THE FIRST HEARING OF AOS VS DAGP (THE COMBINED SENIORITY CASE) OUR DEPARTMENT SINCE 2011 IS SENDING AOS AS DEPUTY DIRECTORS AND AAOS AS ASSISTANT DIRECTORS ON DEPUTATIONS AOS ARE EVEN SEND AS DIRECTORS AND SENIOR AUDITORS AS AD IF HIERARCHY REMAINS INTACT ACCORDING TO OFFICE ORDER OF DIRECTOR ESTABLISHMENT HOW THIS IS A POSSIBILITY, I AM FAILED TO COMPREHEND YAAR KHUDA KAY WASTAY HUM LOGO NAY TU ......... KO BHI MAAT KAR DIYA HAI IS GANG RAPE KAY BAAD BHI HUM LOG OFFICERS HAIN TELL U WHAT WE ARE BUNCH OF COMPLACENT BIG LOSERS ALL IDC CADRE OFFICERS FROM 26 COMMON ONWARD THE GUYS WHO ARE RECENTLY AFFECTED WERE HAPPY WHEN THE DECISION WAS EFFECTING COMMONS FROM 34 ONWARDS THAT IS WHY NO BODY CARED ONLY HOOD WINKING US NO PRESTIGE NO RESPECT JUST PLAIN MONEY IF U GUYS COULD ARRANGE FINANCES U CAN HAVE UR UPGRADTION AS WELL AS RESTORATTION OF OUR SENIORITY EVEN FROM OUR DEPARTMENT HOW ASK AAMIR FAYAZ CURRENT SITUATION

dagp has made a mess of it it is evident that our senior know nothing about service rules or they deliberately running the department illegally The decision is to up-grade the posts not incumbents DAGP upgrade posts and the incumbents. they could have placed aos on their upgraded post by giving them temporary / acting charge or any other arrangement like ops but they were not suppose to upgrade all on a mass basis see how MOF implemented the stenographers judgment . they gave them one time up-gradation but here in DAGP all post and the incumbents are permanently upgraded If u give any one the regular pay and arrears of a post u regularly upgrade it

FST is right AOS are regularly upgraded . we cannot challenge it If all the subordinate posts are upgraded it is a logical consequence that all supervisory posts OUGHT ,also, to be up-graded As all DC cadre is upgraded all idc cadre will also be upgraded Up-gradation is not on the expense to seniority to others (dont worry i ll post all up-gradation cases from 1973 to 2010 too ) see for ur self WE CANNOT BE JUNIORS TO ANY AO SIMPLE AS THAT . NO COMBINED SENIORITY LIST CAN BE ISSUED . WE IDC CADRE OFFICERS IN GRADE 17 ARE SENIOR TO EVERY AO. REST ASSURED. (I AM THREATENED BY OUR CUSTODIANS THAT THIS WILL BE CONSEQUENCE IF WE DEMAND UP GRADATION) revert all illegal upgraded officials. The prescribed procedure should be adopted in accordance to service rules. The upgrade all incumbents case to case basis. It is evident that many officials as senior auditors in grade 16 are only matriculates. They dont have SAS/PIPFA qualification necessary for grade 16 posts according to government rules of business. Kindly define a procedure to upgrade/promote an official post having required qualification necessary for a gazetted post revert all illegal upgraded officials. The prescribed procedure should be adopted in accordance to service rules. The upgrade all incumbents case to case basis. It is evident that many officials as senior auditors in grade 16 are only matriculates. They dont have SAS/PIPFA qualification necessary for grade 16 posts according to government rules of business. Kindly define a procedure to upgrade/promote an official post having required qualification necessary for a gazetted post