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FST LAHORE DISMISSED THE REVIEW PETITION OF AGP OFFICE CASE OF MR. ABDUL QAYYUM SIDDIQUI (JUNIOR AUDITOR) PROMOTION TO SENIOR AUDITOR (BS-16) AGAINST 15% NON-GRADUATE QUOTA:: AGP office submit the review petition against the judgment dated 08-04-2015 in Appeal No. 84(LC)CS/2015 before Mr. Kazi Afaq Hussain & Syed Nasir Ali Shah, Members FST.
Download main judgment and review petition judgment in PDF Format as single file>
PROMOTION OF JUNIOR AUDITOR (BS-11) TO SENIOR AUDITOR (BS-16) AGAINST 15% NON-GRADUATE QUOTA:: FST Lahore issued the Judgment on 08-04-2015 in favour of Junior Auditor::
Case filed by Mr. Abdul Qayyum Siddiqui, Junior Auditor DG Audit Works, Lahore VS AGP & Others Appeal No. 84(LC)CS/2015 before Mr. Kazi Afaq Hussain & Syed Nasir Ali Shah, Members
Promotion of PIPFA Qualified Junior Auditor BS-11 to Asstt: Audit Officer BS-17 :: Sindh High Court issued the Judgment in favour of petitioner:: Case filed by Sarwat Iqbal Junior Auditor Vs Fed. of Pakistan & AGP, in CPD No. 3687/2011 ::
PROMOTION OF SENIOR/JUNIOR AUDITOR AS ASSISTANT AUDIT OFFICER (B-17)
Auditor General of Pakistan Ltr No. 872/Dir(Estt)/71-60-R Dated 29/08/2013
Promotion of Junior Auditor BS-11 to AAO BS-17 after qualifying the PIPFA Exam
FST issued the Judgment in Appeal No. 2773(R)CS-2012 with MP in favour Junior Auditor
Case filed by Mr. Awais Ahmed, Junior Auditor in the office of Auditor General of Pakistan, Islamabad
VS AGP, DG (B&A), Director Establishment before the Syed Hamid Ali Bokhari and Syed Mir Muhammad, Hon'able Member FST
   

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FST LAHORE DISMISSED THE REVIEW PETITION OF AGP OFFICE CASE OF MR. ABDUL QAYYUM SIDDIQUI (JUNIOR AUDITOR) PROMOTION TO SENIOR AUDITOR (BS-16)
AGAINST 15% NON-GRADUATE QUOTA::
AGP office submit the review petition against the judgment dated 08-04-2015 in Appeal No. 84(LC)CS/2015 before Mr. Kazi Afaq Hussain & Syed Nasir Ali Shah, Members FST.

Abdul Qayyum Siddiqui who is a respondent in the review petition being a non-graduate was appointed as Junir Auditor on 21-06-20000. At that time Promtoion and Transfer Rules 1991 were in the field according to which 15% quota was reserved for promotion for non-graduate employees having 7 years of service. Subsequently in October, 2012 new promotion rules were framed which superseded the earlier Rules of 1991.

Promotion Rules of 2012 which superseded the earlier promotion Rules of 1991 were notified on 03-10-2012 whereas the appllant was found entitled for promotion on 01.04.2012, much prior to the aforesaid Rules. This being so at the relevant time Promotion Rules of 1991 were applicable and as such the appeallant was eligible for promotion under the aforesaid Rules. Thus no case for review of impugned judgment has been made out.

For the foregoing reasons we do not find any merit or substance in this review petition which is dismissed accordingly.

Download main judgment and review petition judgment in PDF Format as single file>



PROMOTION OF JUNIOR AUDITOR (BS-11) TO SENIOR AUDITOR (BS-16)
AGAINST 15% NON-GRADUATE QUOTA::

FST Lahore issued the Judgment on 08-04-2015 in favour of non-graduate Junior Auditor (JA)
Case filed by Mr. Abdul Qayyum Siddiqui, Junior Auditor (BS-11) from DG Audit Works, Lahore
VS
AGP & Others Appeal No. 84(LC)CS/2015 before Mr. Kazi Afaq Hussain & Syed Nasir Ali Shah, Members
Date of institution : 19-04-2013 Date of Last Hearing/Judgment : 08-04-2015

The main controversy in paragraph 5 of the appeal it was specifically mentioned that on 1.04.2012 there exisit two vacancies of Senior Auditor against 15% non-graduate quota with 7-years service. This factual controversy was not controverted in the written objection filed by the respondents. It would thus follow that on 01.04.2012 the appellant was eligible for promotion to the post of Senior Auditor against 15% non-graduate promotion quota reserved under Appointment Promotion Transfer Rules-1991. At that time the appellant had put in arround 12-years of service, much more than the required service of 7-years. At that point of time the Revised Promotion Rules of 2012 were not in the field. These Rules, as mentioned above, were framed in October 2012. Thus at that time Promotion Rules of 1991 were applicable and in the field according to which the appellant was eligible for promtoion.

"For the foregoing reasons we accept this appeal and thereby direct the respondents to consider the appeallant for promotion to the post of Senior Auditor BS-16 from 01-04-2012 subject to availability of vacancies and on seniority-cum-fitness basis with consequential benefits."

فیڈرل سروس ٹریبونل نے گذشتہ دنوں آڈیٹر جنرل آف پاکستان کے ایک ذیلی ادارے ڈائریکٹر جنرل ورک آڈٹ ، لاہور کے ایک نان گریجویٹ جونیئر آڈیٹر عبدالقیوم صدیقی کی پروموشن کے سلسلے میں دائر اپیل میں فیصلہ سناتے ہوئے محکمے کو احکامات صادر کئے کہ وہ سابقہ ریکروٹمنٹ رولز میں پندرہ فیصد پرموشن کوٹہ جو کہ نان گریجویٹ جونیر آڈیٹر کا مقرر ہوتا تھا اُس کے مطابق اس کی پروموشن بطور سینئر آڈیٹر کی جائے اور اس کو سابقہ فائدے بھی دیئے جائیں۔ فیصلہ میں لکھا گیا ہے کہ جب نئے ریکروٹمنٹ رولز جب ۲۰۱۲ میں بنے تو اُس وقت پندرہ فیصد پروموشن کوٹہ والی سینئر آڈیٹر کی سیٹیں خالی تھیں۔ لہذا اُس وقت پرانے رولز کے مطابق ان کو بطور سینئر آڈیٹر پروموشن دی جائے۔
اس اہم فیصلے کی روشنی میں آڈٹ اینڈ اکاؤنٹس کے دیگر محکموں میں نان گریجویٹ جونیئرز آڈیٹرز جو دراز عرصے میں پروموشن کے انتظار میں تھے ان کے کیسز کو بھی تقویت ملے گی۔ یاد رہے کہ جب بھی پرانے رولز میں ترامیم ہوتی ہیں تو اس میں اس بات کا خیال رکھا جاتا ہے کہ نئے رولز سے پرانے ملازمین متاثر نہ ہوں۔ مگر ہمارے ملک کے محکموں کے ان پالیسی بنانے والوں آفیسرز کو اللہ تعالی ہدایت دے۔ کہ وہ ایسا کام کریں جس سے اکثریت کو محکمے میں زیادہ عرصے خدمات دینے والے ملازمین کو فائدہ پہنچے۔

.

Promotion of PIPFA Qualified
Junior Auditor BS-11
to Asstt: Audit Officer BS-17
Case filed by Sarwat Iqbal Junior Auditor Vs Fed. of Pakistan & AGP, in CPD No. 3687/2011
Date of Judgment / Last Hearing on 12-02-2014 in Sindh High Court

Hon'able Sindh High Court issued the Judgment with the directions to respondent No. 2 (Auditor General of Pakistan) to consider the case of the petioner for promotion as soon as the vacancy is available. The listed application is also disposed of.

The petitioner has prayed that she is entitled for promtoion in BS-17 as AAO having qualified the PIPFA Examination and putting in five years continuous service and being eligible, fit and suitable for appointment by promotion in BS-17 with all consequential relief/benefits. Comments have been filed on belhalf of Auditor General of Pakistan. In paragraph 2 of the comments SRO977(I)/2008 dated 12.09.2008 has been referred to which provides that promotion to the post of Assistant Audit Officer shall be made by selection from such Junior Auditors who have passed PIPFA (Public Sector) Examination and completed five years service. The Petitioner had passed Pakistan Institute of Public Finance Accountants (PIPFA) Examination (Public Sector) in May, 2010 and as per SRO referred to above she was eligible for promotion as Assistant Audit Officer as there are vacancies available in the office of the Director Genereal, Audit Inland Revenue (South) Karachi. It is further stated in the prayer clause of the comments that once the rules are notified by the Government the promotion of the petitioner would, definetely be considered and if found eligible, as per law. Learned DAG submits that as soon as the vacancy would be available the case of the petitioner will be considered as she is eligible for promotion. Counsel for the petitioners is satisfied with this statement.
Special Thanks to Mr. Navees providing the helpful orders.




.

PROMOTION OF SENIOR/JUNIOR AUDITOR
AS ASSISTANT AUDIT OFFICER (B-17)

Auditor General of Pakistan Ltr No. 872/Dir(Estt)/71-60-R Dated 29/08/2013

The Auditor General of Pakistan (Appoiniting Authority) in terms of Establishment Division SRO 829(1)/2000 dated 16-11-2000, has been pleased to approve the recommendation of the DPC contained in minutes of its meeting and approve the promotion case of Mr. Awais Ahmed Junior Auditor as Assistant Audit Officer (AAO) BS-17 in pursuance of FST Islamabad's judgment dated 15-04-2013 and recommendation of Director Legal in Appeal No. 2773(R)CS-2012 with Misc Petition filed by Mr. Awais Ahmed VS AGP etc.

Promotion of Junior Auditor BS-11 to AAO BS-17
after qualifying the PIPFA Exam

FST issued the Judgment in Appeal No. 2773(R)CS-2012 with MP in favour Junior Auditor
Case filed by Mr. Awais Ahmed, Junior Auditor in the office of Auditor General of Pakistan, Islamabad
VS AGP, DG (B&A), Director Establishment before the Syed Hamid Ali Bokhari and Syed Mir Muhammad, Hon'able Member FST

The appellant was serving in the field office of the DG Audit, Islamabad from 25-10-2005 to 29-05-2012. He qualified PIPFA examination but could not be promoted as Assistant Audit Officer due to non-availability of vacancy in the said field. Respondents further stated that the appeallant has been transferred/absorbed on permanent basis on 29-05-2012 in the office of Auditor General of Pakistan and now he is on probation till 28-05-2013, after satisfactory completion of probationary period has case for promotion as SA and further as AAO will be considered under the revised Recruitment Rules dated 3-10-2012. The first sentence of the comments that the appellant was serving as junior Auditor in the field office and that he had qualified PIPFA examination 2005 but could not be promoted due to non-availability of vacancy knocks the bottom out of the case of respondents when he was already working as Junior Auditor in the office of Auditor General of Pakistan and permanently absorbed in the said office. He was eligible for promotion and vacancy was also available and, therefore, no valid reasons vested with the respondents to have delayed his promotion.

It does not lie in their mouth to delay the promotion of the appellant which is his vested right. As a sequel to the above observation, we therefore, accept the appeal with all back benefits.



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