Bypassing LHC orders: Punjab government amends posting laws

LAHORE: The Punjab government has taken steps to amend its posting rules, effectively bypassing a recent Lahore High Court (LHC) ruling, Dawn news reported on Tuesday.

LHC had deemed the appointments of junior officers to senior positions as “alien to law” and in violation of the Punjab Civil Servants Act 1974. In August, the LHC had criticized the Punjab government for assigning junior officers to roles intended for senior officers.

LHC had specifically rejected the concept of OPS (own pay and scale) appointments, asserting that it ran counter to the Punjab Civil Servants Act, 1974, and its associated regulations.

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The court had also directed the chief secretary to review the appointments of 183 officers who had been placed in higher-grade positions in the province within a 30-day timeframe, ending on September 15.

A subsequent report submitted by the chief secretary uncovered numerous irregularities, including BS-18 officers serving in BS-20 positions and at least three BS-19 officers holding BS-21 posts. Examination of administrative secretaries, divisional commissioners, and deputy commissioners’ postings further revealed that BS-19 officers had been appointed to roles typically reserved for BS-20 officers, while BS-20 officers were serving in roles that traditionally required BS-21 officers.

In an ingenious move, the Punjab government has introduced a PCS (Amendment) Ordinance in 2023, ahead of appearance in the court. The amendment legalises the appointment of junior officers to higher-grade positions with a slight modification of Section 9 of Act VIII of 1974. The amendment has introduced the term “equivalent or higher,” thereby allowing junior officers to occupy these elevated roles.

The Punjab government’s maneuver has sparked discussions regarding the broader implications of this change and its potential impact on the administration’s functioning. Critics argue that it raises questions about the integrity of the civil service structure, while proponents contend that it aligns with the evolving needs of the government.