January 18, 2009	Sunday	Muharram 20, 1430

KARACHI, Jan 17: Sindh Chief Minister Syed Qaim Ali Shah has reappointed an influential and well-connected retired bureaucrat on a one-year contract and has posted him on a grade higher than the one he formerly held, giving him the charge of over 800,000 acres of forest land.

According to sources, despite opposition from the chief secretary, the forest department and the minister concerned, this retired junior bureaucrat has replaced a more qualified person, despite the fact that the recruitment (and other relevant) rules clearly state that the post is to be filled by promotion only.

The sources said that by hiring this person, who is said to be backed by a Sukkur-based politician, Mr Shah has violated his own cabinet decision, restricting re-hiring of retired officials and posting junior people on higher grades, a process commonly referred to as ‘postings in Own Pay and Scale (OPS)’.

The sources said a few days after Mr Shah took over the provincial government a notification was issued on April 12, 2008 posting an influential but less qualified and junior official working as forests conservator, Rahim Bux Awan (BS-19), as chief conservator of forests – a BPS-20 post – transferring a senior official, Najamuddin Wistro, who became so dejected that he left the country and is now working overseas. Mr Awan has a diploma in forestry, which was later converted into a BSc forestry degree. Mr Wistro holds an MSc in forestry.

The sources said that just a few weeks before his retirement, Mr Awan wrote an application on Sept 9, 2008, to the chief minister informing him that he, on attaining the age of superannuation, was to retire on Oct 3, 2008 and requested that he might be “re-employed on a contract basis for a period of two years from his retirement date” as he had been sidelined for six years under the previous government. The sources said that if anybody was to be re-hired on a contract basis the department started the move and not the official concerned.

Method of appointment

The Sindh government’s recruitment rules for the post of chief conservator of forests (BS-20) say that: “Method of appointment is by selection from amongst conservator of forests possessing 17 years of service in BS-17 and above, in department or such length of service as may be prescribed by the government from time to time.”

The CM secretariat sent Mr Awan’s application to the forest department asking it “to float a summary”. In its summary to the CM secretariat, the forest department points out that the “Sindh cabinet in its meeting held on April 29, 2008, decided to do away with the reemployments on contract basis” and the services of many of the “re-employed on a contract basis officers/officials of forests department have already been terminated.”

In the summary, the Sindh forest secretary says the “chief minister in a meeting with the secretaries on July 10, 2008 also took serious view of the issue of re-employment on a contract basis while directing that the practice of re-employment on contracts or through extension should be discouraged.”

Secretary Forests Mushtaq Memon, pointing out the laid down procedure in the summary moved for the chief minister, says that if a post is to be filled on a contract basis the department has to justify why it is not possible for it to fill the vacancy in accordance with the procedure laid down in the Civil Servants (Appointment, Promotion and Transfer Rule 1973) and Recruitment Rules and the qualifications, experience and age limit required for the post shall be prescribed in consultation with the Establishment Division. The post is to be advertised and selection is to be made through the department’s selection committee, or if the chief executive approved a candidate’s appointment then it might not be advertised if a retired civil servant, retired armed forces officials, or a retired judge of superior court is proposed to be appointed on a contract basis.

Sindh forest minister Zulfiqar Mirza said in his comments on the summary that the department was bound to follow the cabinet’s decision and the chief minister’s directive on hiring on a contract basis. However, Mr Awan could be re-hired as a consultant on a contract basis on a post to be created.

‘Cadre post’

In his notes on the summary, Chief Secretary Fazlur Rehman strongly opposed the summary and said that the “cabinet decision regarding extension in service after retirement is very clear. Mr Awan can, however, be taken as a consultant to the forest department and not on a cadre post.”

The recruitment rules for the post of conservator of forests (BS-19) clearly state the method of appointment, which is “by selection from among divisional forest officers possessing 12 years of service in BS-17 and above, in the department or such length of service as may be prescribed by the government from time to time.”

However, Chief Minister Syed Qaim Ali Shah ordered that “keeping in view his experience and performance he [Rahim Bux Awan] may be re-employed for two years in his own pay scale.”

Sindh Services Secretary Iqbal Hussain Durrani, who is Mr Shah’s son-in-law, highlighted the number of favours being extended, or irregularities being committed, to accommodate Mr Awan and urged Mr Shah to “review his orders [. . .] and Mr Awan may be hired as a consultant (BS-19) on a contract basis for a period of two years.”

Chief Secretary Fazalur Rehman supported Mr Durrani and asked for “clear orders”.

Mr Shah, in his Oct 25 orders, said that his orders were very clear. “There are exceptions to every. The cabinet had relaxed so far police and revenue department. I therefore as a special case, keeping in view the views of forests minister, he may be re-employed for one year.”

The government in its Oct 30 notification says “Rahim Bux Awan, retired conservator of forests (BS-19), is hereby reemployed on contract basis as conservator of Forests (BS-19) for a period of one year, with immediate effect. On his re-employment, Rahim Bux Awan is hereby posted with immediate effect and until further orders as chief conservator of forests, in his own pay and scale relieving Ajjaz Ahmad Nizamani of the additional charge.”