ISLAMABAD: The rift between Metropolitan Corporation Islamabad (MCI) and Capital Development Authority (CDA) has deepened with the mayor asking the CDA not to interfere in his domain.
In a letter dated Sept 2, the CDA had said it was supposed to make transfer and posting of its employees working under the administrative control of the MCI.
In response, Mayor Sheikh Anser Aziz in a three-page note rejected the CDA’s claim.
Sheikh Anser Aziz rejects CDA’s claim of having power to make transfer and posting in directorates of metropolitan corporation
Around 11,000 employees of the CDA, whose departments were devolved to the MCI after formation of the local government, are currently serving under the administrative control of the MCI and their transfer and posting is being dealt with by the mayor.
But the CDA in the letter claimed that until rules were framed for the MCI and a local government board was constituted, “administrative and financial matters including employees’ transfers will be dealt with by the CDA.”
But the mayor in his letter addressed to the CDA chairman, the secretary interior and others said any posting, transfer made by the CDA in MCI would be a violation of the provisions of Islamabad Local Government Act 2015. Therefore, no further posting and transfer shall be made in MCI without the explicit approval of the MCI.
Since Islamabad High Court (IHC) dismissed an appeal filed by the CDA employees, therefore, all personal files of the employees intending to join the MCI may be sent to MCI for appropriate action, said the mayor, adding the formation of the local government had nothing to do with the function of the MCI or its employees.
The mayor also said the issue of Collective Bargaining Agent (CBA) was not related to the MCI and the CDA should take care of it.
The CDA had written the letter citing recommendations of a Senate standing committee. But the mayor said recommendations of the committee needed to be submitted to the Senate for further action not to the MCI or CDA for implementation.
The mayor also pointed out that it was the responsibility of the CDA to seek consent of employees regarding their transfer to the MCI.
The letter said according to a notification issued in 2016 by the now defunct Capital Administration and Development Division (CADD), which was the parent ministry of the CDA, the functions/formations stood transferred to the MCI along with assets, rights and liabilities in pursuance of section 130 of ICT Local Government Act 2015. All officers/officials of the respective directorates shall also stand transferred to MCI.
“Under this situation, now can the instructions of the chairman standing committee override the government notification and provisions of ICT LG Act,” said the letter.
According to section 74 of the LG Act, the mayor is the executive head of the MCI while the chief officer is responsible for human resource and all postings and transfers are to be done by him within the MCI.
“The employees have neither been sent to the MCI on attachment nor on deputation, they have rather been transferred to MCI through a government notification,” said the mayor in his letter, adding: “Therefore, all disciplinary proceedings and posting and transfer shall only be done by MCI unless otherwise the Local Government Act 2015 is amended and the authority is given to CDA or the employees are declared by the government an attachment with MCI.”
Discussing the local government board, which was mentioned in CDA’s letter, the mayor said the local government board was supposed to deal with the transfer and posting and take disciplinary actions and other service matters in respect of the members of prescribed local government service cadre only.
“At the moment, no local government service cadre exists and the local government service cadre shall be framed by the government. The board has nothing to do with making any rules related to service regulations, financial and legal etc., which clarifies that the board has no jurisdiction on MCI employees,” the letter said.
CDA spokesperson Syed Safdar Ali said he had no idea of the mayor’s letter and added: “CDA had written to the MCI to convey it the direction of the standing committee. CDA will resolve the issues amicably with MCI in accordance with rules and regulations.”
He said the CDA chairman wanted to resolve CDA/MCI issues as soon as possible for the betterment of the city.
Published in Dawn, September 7th, 2019