2017 PLP (C (PLC(CS)N)

WAZIR SHAKEEL AHMAD, J.

This writ petition is preferred under Article 72 of the Gilgit-Baltistan (Empowerment and Self Governance) Order, 2009 read with enabling Articles of the Constitution of Pakistan against the Recruitment Rules of the Department of Controller General of Accounts, Gilgit-Baltistan notified in the Gazette of Pakistan part-II vide SRO No.1166(I)/2014 dated 10-12-2014, whereby 30% quota has been reserved for promotion to the post of Accounts officer (BPS-18) while 70% quota has been reserved for initial appointment to the said post. Counsel for the petitioners vehemently agitated that the Recruitment Rules of Pakistan Military Accounts Department provides 100% quota for promotion to the post of Accounts Officer (BPS-18) and in the approved Recruitment Rules of the Auditor General of Pakistan, 75 % quota is reserved for promotion and 25% quota for initial appointment to the post of Audit Officer (BPS-18), hence the impugned Recruitment Rules notified under SRO-1166(I)/2014 dated 10-12-2014, is ab initio void, discriminatory, against the precious rights of the petitioners and inconsistent with the recruitment rules of the Pakistan Military Accounts Department as well as the Auditor General of Pakistan as such impugned Recruitment Rules under SRO-1166(I)/2014 dated 31-12-2014 is liable to be set-aside in eyes of law and prayed that the same may be declared null and void. On the other hand, Deputy Attorney General representing the respondents Nos.1 to 3 opposed the contentions raised by the Counsel for the petitioners with the plea that the Gilgit Baltistan Council Islamabad prepared draft Recruitment Rules for Accountant General Gilgit-Baltistan in line with the Recruitment Rules of Auditor General of Pakistan and the same were forwarded to the Federal Public Service Commissioner for concurrence, but the FPSC has changed the ratio of quota on the basis of total number of posts and their feeding posts i.e. 1:4 Ratio as per Government policy, therefore the petitioners being the officers/officials have to be governed by the rules framed for them and cannot claim quota ratio of any other departments, hence writ petition is liable to be dismissed. We have heard the learned counsel for the parties at length in the light of the material available on file. We have also minutely gone through the parawise comments of Respondent No.

4. Accountant General Gilgit-Baltistan which are relevant because the impugned Recruitment Rules are pertaining to the office of Accountant General Gilgit-Baltistan. The Respondent No.4 in his parawise comments admitted all the paras of the writ petition and prayed that the writ petition may be accepted by enhancing the promotion quota to the post of Accounts Officer (BPS-18) upto 100 %. Vide SRO-1253(I)/2012 dated 3-10-2012 and the SRO-639(I)/2014 dated 15-07-2014, the approved Recruitment Rules of Auditor General of Pakistan and the Recruitment Rules of Controller General Accounts, provide 75 % quota for promotion to the post of Audit Officer (BPS-18) and Accounts Officer (BPS-18) respectively. It is pertinent to mention here that the Establishment Division, Cabinet Secretariat Islamabad vide their O.M. No.4/3/94-R-5 dated 27-9-2013, have approved Revised Draft Recruitment Rules of the Department cadre in the Pakistan Military Accounts, wherein 100 % quota has been reserved for promotion to the post of Accounts Office (BPS-18). The Auditor General of Pakistan vide its letter No.141-HR/RR-AAO/Vol-III/KW/320 dated 19-08-2015 addressed to the FPSC Islamabad for revision of Recruitment Rules for the post of Audit Officer (BPS-18) in the Department of Auditor General of Pakistan, for enhancement of promotion quota to the post of Audit officer (BPS-18) from 75% to 100% on the basis of a judgment of Federal Service Tribunal Islamabad passed in Appeals Nos.410 and 411, by deleting 25% initial recruitment in the Rules notified vide SRO-1253(I)/2012 dated 03-10-2012 in line with notified Rules of Pakistan Military Accounts Department. The Accountant General Gilgit-Baltistan vide his letter No. Admin/Recruitment Rules/AG GB/2014-15/5236 dated 10-11-2014, submitted draft Recruitment Rules of the Office of Accountant General Gilgit-Baltistan to the Gilgit-Baltistan Council, wherein 100% promotion quota for the post of Accounts Officer (BPS-18) was proposed, but while notifying the said Rules vide impugned SRO-1166(I)/2014 dated 10-12-2014 only 30% quota for promotion to the post of Accounts Officer (BPS-18) has been reserved, which is discriminatory provision to the rights of petitioners and inconsistent with the Federal Recruitment Rules of the equivalent post of Accounts Officer (BPS-18) and Audit Officer (BPS-18) in the sister-organizations i.e. Pakistan Military Accounts Deportment, Auditor General of Pakistan and Office of Controller General of Accounts. The petitioners have a prima facie case on the basis of the Federal Recruitment Rules placed on file. The Federal Government Recruitment Rules as thoroughly discussed above fully supports the contentions of the petitioners. In order to bring uniformity in the Recruitment Rules of the Deportment and to avoid disparity within the sister organizations, we are inclined to accept this writ petition and order for amendment of the impugned Recruitment Rules of the Office of Accountant General Gilgit-Baltistan notified vide SRO.1166(I)/2014 dated 10-12-2014 enhancing the promotion quota up to 100% for the post of Accounts Officer (BPS-18) by deleting 70% initial Recruitment in the said Rules. Petition allowed accordingly. HBT/165/GB Petition allowed.