Law dept caught on wrong side of law

PESHAWAR: The Khyber Pakhtunkhwa law, parliamentary affairs and human rights department is understood to have upgraded various key positions of its legislative wing despite the government’s decision to restructure the wing.

The decision to restructure the wing was made during a meeting of the establishment, finance and law departments held here on Dec 12, 2016, revealed sources and official documents.

The sources said the meeting was called to discuss the law department’s proposal to upgrade positions in the legislative wing.

They claimed that from the day one, the law department was making efforts for the upgradation of a legal drafter’s position from BPS-19 to BPS-20, two deputy legal drafters’ from BPS-18 to BPS-19 and five assistant legal drafters’ from BPS-17 to BPS-18.

Upgrades key posts of its legislative wing despite govt’s decision to restructure it
Earlier, the finance department held a meeting with the law department when the summary for the posts’ upgradation was forwarded to it, showed the official documents available with Dawn.

They revealed that the meeting concluded with the decision that the law department take up the case with the establishment department for the organisation and management study as the restructuring and re-organisation was involved in the matter.

Paragraph 12 of the summary prepared by the law department for the chief minister says that the case was taken up with the establishment department for the restructuring of the legislation wing.

The meeting decided the abolishment of the post of assistant legal drafter in BPS-17 and recommended the restructuring under which the legal drafter’s post was proposed to BPS-20, deputy legal drafter to BPS-19 and assistant legal drafter to BPS-18.

The finance department endorsed the revised proposal from upgradation to restructuring with the subject to the observance of all rules and laws applicable to appointment against the elevated positions.

However, the law department issued a notification on Feb 16, 2017, regarding the upgradation instead of elevating such posts through restructuring.

When asked about the difference in upgradation of posts and restructuring, the relevant officials said the upgradation was an easy option to favour someone.

They said restructuring meant introduction of proper hierarchy, criteria for promotion and mandatory training etc.

The officials said if the legislative wing was restructured, then future promotions would be made after the approval of the provincial selection board (PSB) and not on the ‘desires’ of the individuals concerned.

“Now, the officials of the legislative wing have been given high positions without mandatory training, criteria and performance evaluation, which were necessary for the rest of the government employees. Let us set aside the restructuring, if the department is bent upon up grading the legislative wing officials than the finance department’s policy for the up gradation was also not followed in this case.”

There should be no upgradation of posts beyond BPS-19 in such cases, revealed the finance department’s policy for upgradation.

The officials said contrary to that policy, the position of legal drafter had been upgraded to BPS-20 from BPS-19.

Law minister Imtiaz Shahid neither took repeated calls on his cellphone number nor did he respond to a text message on the matter.

When approached, law secretary Mohammad Arifeen Khan refused to meet this correspondent.

Source: Dawn