Eternally employed

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  • Soon-to-retire MP-I officer set to win second consecutive contractual extension in violation of SC orders

 

In a persistent violation of the Supreme Court (SC) orders against re-employment of government employees on contractual basis, the government is set to award second consecutive extension to its ‘blue-eyed’ Finance Division adviser, Pakistan Today has learnt.

A well-placed source in the division said that a summary is ready to be moved for another extension for Rana Asad Amin, who is a retired grade-22 bureaucrat reemployed on MP-I scale. His contract will expire in the first week of April. Interestingly, the retired babu was ‘conspicuously’ given a contract in MP-I scale by the PPP government in March 2012 soon after his retirement. Later, he was granted another contract one month earlier to expiry of his contract in the following year 2013.

If the summary of yet another extension in contract is approved, it would be second consecutive extension for the officer.

The source said that despite the fact that Finance Secretary Dr Waqar Masood had conveyed his disapproval for the officer’s second consecutive extension, Minister for Finance Senator Ishaq Dar was backing the retired officer who was granted contract in MP-I scale in violation of rules.

It is interesting to note that the PML-N government had implemented the apex court order recently and the contract of Polyclinic Hospital executive director Shaukat Kayani was terminated.

However, neither the observations by Audit Department were given a consideration nor the apex court orders were followed in illegal appointment of Rana Asad Amin.

AUDIT OBSERVATIONS:

According to records, the Establishment Division, in compliance with the SC order dated January 27, 2011 passed in a suo motu case, issued a letter vide O.M No.2/12/2011-E.1 dated January 2, 2011, instructing the ministries and divisions that reemployment on contractual basis may not be made in violation of the relevant law, especially reemployment of retired civil servants against cadre posts.

The division vide O.M No.10/51/95-R.2 dated July 18, 1996 as amended from time to time, states that the period of contract should not exceed two years and the post should be advertised.

The audit report on the accounts of federal government (civil) audit year 2012-2013 had also raised an objection to the illegal contract awarded to Amin as advisor to the Finance Division.

The second paragraph of Finance Division O.M No.F.3 (7)R.4/98 dated August, 18, 1998 states that the salary and perquisites package of MP-I is meant for professionals from the private sector proposed to be appointed on a contract against the position of chief executives in the public sector.

However, despite all these laws and directions of the apex court, the Establishment Division vide notification No.44/1/52005-E-I dated April 16 2012, appointed Amin, a retired officer, as advisor to Finance Division on contractual basis in MP-I for a period of one year.

However, auditor raised five objections over the appointment.

Firstly, the appointment on contract basis was made in violation of judgment of the Supreme Court. Secondly, the position was not advertised as required under the rules. Thirdly, the Amin was a retired civil servant and did not fall in the ambit of professionals. Fourthly, the Amin was employed in MP-I which is meant for the position of chief executives. Fifthly, there was no designation of advisor to the Finance Division in the sanctioned setup of the finance ministry.

The audit was of the view that the appointment was irregular, unauthorised and in violation of the apex court orders.

PM APPROVED IT:

However, the management responded to the audit observations by saying that the appointment was made with the approval of the prime minister in MP-I scale with a period of one year and the post of advisor to the finance division in MP-I scale was accordingly created.

The appointment did not pertain to any occupational group or cadre creating hindrance in the regular promotion of officers. The officer, according to the division, was foreign qualified and had adequate experience of working in the division.

NOT CONVINCED:

The reply however was not accepted by the Audit Department as the appointment had also been made in violation of the rules and judgment of the apex court.

The principal accounting officer was informed on January 1, 2013, but the departmental accounting committee was not held till the finalisation of the audit report. The audit recommended that the SC decision must be implemented in letter and spirit and the contact of the officer must be cancelled.

Rather than following the audit recommendations, the same officer was given another extension for one year in the month of March 2013 even a month prior to the expiry of his contract, raising some serious doubts about the influence of Rana Asad Amin in the division.

Since his contract was to expire in March, the PPP regime awarded him another contract one month, as the then prime minister Raja Pervez Ashraf had to go home in March 2013 and an interim PM had to take country’s reigns for holding general election.

Soon after taking over the division’s charge, the new minister, Senator Ishaq Dar, reportedly decided to cancel the contract of the advisor. However, within a few days, the decision was reverted and the advisor was asked to continue till further orders.