The Secretary Finance,
Government of the Punjab,
Finance Department, Lahore
The Chief Inspector of Treasuries & Accounts,
Inspectorate of Treasuries & Accounts,
Government of the Punjab,
4-A Lytton Road,
SUBJECT: REDRESSAL OF GRIEVANCES – INORDINATE DELAY IN PROMOTION TO THE POST OF DEPUTY DISTRICT ACCOUNTS OFFICER (BS-17) SINCE 03.03.2009
With due respect, it is submitted:-
1. That humble applicant is serving as Deputy Accountant (BS-14) in District Accounts Office, Dera Ghazi Khan.
2. That applicant’s name for PIPFA training (Ist Batch of Treasury Staff) was recommended / approved by the Government of the Punjab, Finance Department, Lahore vide letter No. SO (TT)5-2/2007 dated 08.12.2007; which is pre-requisite for promotion to the post of Deputy District Accounts Officer (BS-17). The PIPFA Training consists of following three stages:-
i) Foundation Stage
ii) Intermediate Stage and
iii) Final Stage
3. That after completion of successful training, the applicant vide F.D’s letter No. SO(TT)5-2/2007 dated 14.07.2008 declared clear/Pass in Foundation/Intermediate Stages.
4. That the applicant promoted to the Final Stage. After getting successful training of Final stage also, he appeared in examination of and declared Pass in final stage vide F.D’s letter No. SO (TT)5-2/2007.Pt-II (B) dated 03.03.2009
5. That after passing the Final Stage when the Government of the Punjab, Finance Department, Lahore notified the result of all the stages as “Pass”, the PIPFA Authorities later required to pass examination in a subject namely “FAM” (Financial Audit Manual) due to restrospective introduction of this module at the Intermediate Stage which the applicant already cleared.
6. That the applicant brought the matter into the notice of Finance Department’s high ups, in response thereof, Mr. Farakh Murtaza Khan, the then Under Secretary (TECH. TRY) strictly directed not to appear in “Financial Audit Manual” (FAM) subject with the plea that the condition to pass the revised Syllabus / subject (FAM) is not applicable to the trainee officials of Provincial Finance Department, who have already qualified the Foundation and Intermediate Stages and switched over to the Final Stage before the date of revision of the Syllabus i.e. 07/2008 and he wrote a letter to the Executive Director, PIPFA, Karachi vide No. SO (TT)5-2/2007, Pt-I dated 21 October 2008, whereby the matter regarding the retrospective switch-over of subject relating to FAM from the Final Stage Level to Intermediate Stage for the trainees who had already passed the Intermediate Stage was referred for consideration by PIPFA in the context of the ostensible hardship caused to such trainee officials. However, no response/reply was received from PIPFA.
7. That the applicant also approached the then Chief Inspector of Treasuries & Accounts, Government of the Punjab, Finance Department namely Mr. Muhammad Zubair (competent authority) who at that time verbally granted one time exemption in that subject and asked that a letter dated 21.10.2008 to PIPFA Authorities has been endorsed.
8. That the Finance Department (Agency) wrote another letter to PIPFA Authority vide No. SO (TT)5-2/2007.Pt-II dated 16.02.2009 wherein it was reiterated that the condition to pass the revised syllabus/subject shall not be applicable to the candidates who have already qualified the foundation/intermediate stages before the date of revision of the Syllabus i.e. 07/2008.
9. That the applicant on hopeful response from his F.D’s high-ups submitted request to the Secretary, Government of the Punjab, Finance Department that since the above said paper is not applicable to the applicant as proposed by the Finance Department he may kindly be promoted to the Post of Assistant Treasury Officer (now Deputy District Accounts Officer) vide DAO-I, DG Khan’s Endst. No. DAO/DGK/Try-Admn/1898 dated 09.03.2009 followed by reminded vide DAO-I, DG Khan’s Endst. No. DAO/DGK/Try-Admn/04 dated 08.07.2009 but no response from Agency was received.
10. That the applicant knocked the door for justice in Lahore High Court, Multan Bench, Multan by instituting a Writ Petition No. 10799/2010 versus Secretary Finance. Mian Shahid Iqbal, Honourable Judge issued direction/judgment Sheet dated 11.10.2010 to the Secretary Finance to decide the representation dated 09.03.2009 strictly in accordance with law within a period of two months.
11. That in response of Court’s direction worthy Secretary Finance offered opportunity of personal hearing on 08.01.2011.
12. The worthy Secretary after hearing and agreeing with the applicant’s view point referred a letter to PIPFA vide Government of the Punjab, Finance Department’s No. SO (TT)5-2/2007.Pt-V dated 11.03.2011. The applicant also invited the attention towards the following letters issued by the Finance Department to PIPFA Authorities, operative part of the letters is reproduced below. During hearing proceeding, the then C.I.O.T namely Mr. Muhammad Zubair and worthy Secretary Finance ensured and committed that for example in case no response from PIPFA in response to this letter dated 11.03.2011 as is already done by them in context of following two letters, was received and if the applicant in later stage have to appear in the subject of “FAM” his seniority will not be affected because he belongs to Ist Batch.
In first letter which Finance Department wrote to PIPFA vide No. SO(TT)5-2/2007, Pt-I dated 21 October 2008 admitted that:-
“the matter arising as a result of revision of syllabus of PIPFA has been examined in this department, and it is retrospective observed that passing of Financial Audit Manual (FAM) by the candidates who have already qualified the intermediate examination and switched over to the final stage of PIPFA would be course of undue hardship to such trainees / candidates”. I am, therefore, directed to request you to kindly review this position and consider exempting such candidates for taking examination for FAM introduced through revised syllabus for intermediate stage (PIPFA) w.e.f July 01, 2008”.
In second letter which Finance Department wrote to PIPFA vide No. SO (TT)5-2/2007. Pt-II dated 16th February 2009 mentioned that:-
“it is reiterated that the condition to pass the revised syllabus/subject shall not be applicable to the candidates belonging to Provincial Finance Department, who have already qualified the foundation and intermediate stages before the date of revision of syllabus i.e. 07/2008”.
13. It is pertinent to mention here that in exercise of powers conferred under section 23 of the Punjab Civil Servants Act, 1974 (VIII of 1974) the Governor of the Punjab make the “The Punjab Treasuries and Accounts Service (Examination for Confirmation and Promotion) Rules, 2011 which were circulated vide Government of the Punjab, Finance Department’s Notification No. SO (TT)10-3/75 (P) dated 27.01.2011. Schedule-I, Schedule-II & Schedule-III regarding subjects/Syllabus necessary for confirmation and promotion of Treasury officers/officials were also enclosed. In this syllabus no subject namely Financial Audit Manual exists.
14. After circulating “The Punjab Treasuries and Accounts Service (Examination for Confirmation and Promotion) Rules, 2011” Government of the Punjab, Finance Department, Lahore issued a letter on the address of the applicant vide No. SO (TT)5-2/2007-Pt-V dated 14.04.2011 intimating that PIPFA Authorities replied in response to F.D’s letter No. SO(TT)5-2/2007.Pt-V dated 11.03.2011 that no exemption could be granted in the paper of FAM as the aforesaid paper / syllabus cover the core functions of treasuries. The F.D (Agency) advised the applicant to appear in the paper of FAM at the Intermediate Stage and qualify the same.
15. It is very interesting that for the confirmation of all categories of officers initially recruited in Treasury Establishment or through promotion no subject of Financial Audit Manual (FAM) is required / included in the Schedule-I, II, III & IV but surprisingly in the case of applicant the FAM paper declared very important which covers the core function of treasuries. It is also very important to mention here that “The Punjab Treasuries and Accounts Service (Examination for Confirmation and Promotion) Rules, 2011 were circulated on 27.01.2011 and on 14.04.2011 after an elapse of 2-months & 27-days the Finance Department is advising the applicant to appear in the FAM Paper, is it not an unfair and injustice treatment with the applicant?.
16. However the applicant obeyed the advice of Finance Department and passed the FAM paper, the result notified vide F.D’s letter No. SO(TT)5-2/2007.Pt-VI dated 07.08.2012.
17. That on 08.08.2012 Section Officer (B&E-I), Government of the Punjab, Finance Department, Lahore telephonically conveyed to forward the case of the applicant for promotion immediately. On the same day the case of applicant for promotion to the post of Deputy District Accounts Officer (BS-17) was forwarded vide DAO-I, Dera Ghazi Khan’s letter No. DAO/DGK/Try-Admn/1072 dated 08.08.2012.
18. That after an elapse of one month a letter on the subject “Provision of record” was received from Section Officer (B&E-I) bearing No. SO (B&E-I) 3-9/2008 dated 06.09.2012, in response thereof vide DAO-I, DGKhan’s letter No. DAO/DGK/Try-Admn/1109-10 dated 13.09.2012, it was intimated that the service record, ACRs / Synopsis in original, in respect of Mirza Qaisar Majeed, Deputy Accountant (BS-14) of this office, has already been sent in response of telephonic message dated 08.08.2012, for promotion as Deputy District Accounts Officer (BS-17).
19. That on 07.05.2013 the applicant submitted another representation to the Secretary Finance through proper channel vide District Accounts Officer-I, DG Khan’s Endst. No. DAO/DGK/Try-Admn/111 dated 07.05.2013 repeating his grievances and reminding the commitment of Secretary Finance and CIOT and praying therein to consider the applicant’s case for regular promotion alongwith due seniority but no response uptill now has been received from the Secretary Finance.
20. That by aggrieving from Agency’s silence, the humble applicant approached the Ombudsman Punjab by lodging complaint dated 07.11.2013 which was disposed off by him which deeply dishearted the applicant.
21. That the humble applicant from time to time also submitted requests followed by reminders before the worthy Chief Secretary Punjab through online complaints at his website address www.chiefsecretarypetitioncell vide Tracing No. 69570 dated 17.05.2013, Tracking No. 69725 dated 13.06.2013, Tracking No. 69938 dated 05.07.2013, Tracking No. 70513 dated 10.10.2013, Tracking No. 70856 dated 11.11.2013, Tracking No. 76960 dated 12.08.2014, Tracking No. 77007 dated 16.08.2014, Tracking No. 77279 dated 04.09.2014, Tracking No. 77455 dated 18.09.2014 and Tracking No. 785541 dated 02.12.2014 but fruitful results found from this corner uptill now.
22. That Government of the Punjab Finance Department’s high ups themselves admitted that the paper of “FAM” is not applicable to the applicant as is evident from their letters dated 21.10.2008, 16.02.2009 and 11.03.2011 mentioned above and is also not a part of Syllabus as is evident from “The Punjab Treasuries and Accounts Service (Examination for Confirmation and Promotion) Rules, 2011” vide No. SO (TT)5-2/2007-Pt-V dated 14.04.2011. The applicant, however, on the advice of his high-ups by obeying them cleared the “FAM” paper even though it is not applicable to him.
23. That the applicant without any fault on his part since 2009 to-date is struggling for his promotion by submitting requests, reminders to the high ups of Finance Department, approaching courts, ombudsman, Chief Secretary online complaint cell, Governor etc;
26. That humble applicant intends to invite the attention of your kind honour towards following court judgments also:-
1. PLD 1994 Lahore 3
“No one can suffer on account of the act of the Authority; who had to pass an order and who had taken some action which action was: illegal or without lawful authority— Person who had been wronged on account of such action of Authority was entitled to be restored to the same position as of right to the maximum possible extent, which he would have been occupied but for the wrongful act of the Authority”
2. 1997 SCMR 15
“Principal of locus poenitentiae was although available to Authorities whereby any order which was made by mistake could be undone yet such order could not be withdrawn or rescinded once it had taken legal effect and created certain rights in favour of any individual— Respondent having been granted admission and Roll Number issued to him after acceptance of requisite dues, had created vested right in his favour which could not be undone subsequently”
3. 2002 MLD 290
“No prestigious University would issue such-like warnings on its notifications because it was expected that before the university would issue a notification, all errors were found to be non-existent—Error as envisaged by such note would be construed an arithmetical error and not an error of policy— Where the candidate had qualified her examination and result notification had been issued in her favour declaring her to be successful, High Court directed the University to award her degree in terms of its own notification”
4. 2000 CLC 1589
“Once letter of invitation was issued to candidate by University Authorities and was received by the candidate, principle of locus poenitentiae was attracted in all respects and University Authorities had no authority to withdraw the same.
The reason behind reproducing the above cited Hon’ble Courts judgments is only that as the Government of Punjab, Finance Department declared the applicant Pass and result notified vide F.D’s letter No. SO(TT)5-2/2007 dated 14.07.2008 (declared clear in Foundation/Intermediate) and letter No. SO (TT)5-2/2007.Pt-II (B) dated 03.03.2009 (Declared Pass in Final Stage) locus poenitentiae is fully attracted in favour of the applicant
5. HUMAN RIGHTS CASES NO.8340 OF 2009.
(Applications by Tariq Aziz-ud-Din & others)
The Hon’b Supreme Court of Pakistan while deciding the case of Tariq Aziz-ud-din held that:-
“[t]he right [to be considered for promotion] contemplated under section 9 [of the Civil Servants Act] is neither illusionary nor a perfunctory ritual and withholding of promotion of an officer is a major penalty in accordance with the Civil Servants (Efficiency and Disciplinary) Rules, 1973, therefore, consideration of an officer for promotion is to be based not only on the relevant law and the rules but also to be based on some tangible material relating to merit and eligibility which can be lawfully taken note of.”
P R A Y E R
In view of the circumstances explained above, it is requested to kindly recommend and forward this request to the worthy Secretary Finance, Government of the Punjab, Finance Department, Lahore for considering promotion case of humble applicant to the post of Deputy District Accounts Officer (BS-17) and seniority of the applicant be fixed in accordance with result notified vide Government of the Punjab, Finance Department, Lahore’s No. SO (TT)5-2/2007.Pt-II (B) dated 03.03.2009 being no fault on the part of applicant.
(MIRZA QAISAR MAJEED),
Dated: 13.12.2014 DISTRICT ACCOUNTS OFFICE,
DERA GHAZI KHAN
(Mobile No. 03378644000)`