LAHORE: The Lahore High Court has declared that the concept of OPS (own pay and scale) appointments is alien to law and violates the Punjab Civil Servants Act 1974 and its rules.

Justice Tariq Saleem Sheikh ruled this on a petition challenging the appointments of 22 officers made in their own pay and scale in Punjab on higher posts.

The judge observed that as soon as a post becomes available, it should be filled in accordance with the procedure prescribed under the relevant service/recruitment rules.

He said if that is not possible for any reason, stopgap appointments should be made only following the procedure laid down for the respective categories of the vacancy.

The judge ruled that there is no scope for appointment of a civil servant to a higher grade on OPS basis except resorting to the provisions of rule 10-A, which provides that in exigencies, an appointment on an acting charge basis can be made, subject to the conditions contained in the PCS rules.

The judge observed that prima facie, the law has been flouted with impunity in posting orders of the respondent officers, which do not even mention that the appointment was temporary.

The judge said the appointments on a current or acting charge basis should not continue indefinitely, and every effort should be made to fill posts through regular appointments in the shortest possible time.

A report submitted by the Punjab chief secretary revealed that the government posted 183 officers, including the respondents, on the OPS basis in the province.

Justice Sheikh noted that a review of the list reflects that several BS-18 officers have been posted against BS-20 and at least three BS-19 officers against BS-21 posts.

He said the chief secretary did not place on record any evidence that all these officers were senior-most and otherwise eligible for promotion.

The judge directed the chief secretary to review the appointments of the 183 officers named in the list within 30 days and take appropriate steps to bring them in compliance with the law, if any deviation exists.

Published in Dawn, August 16th, 2023