Syed Hamid Ali Bukhari, Member.--The appellant is a Senior Private Secretary (BS-19) in the service of respondents. He is posted as Sr. P.S. to Chairman Standing Committee on Petroleum and.
Natural Resources. On completion of term of the Chairman in March 2012 outgoing facility of telephone was withdrawn to avoid its misuse which was made functional on the appointment of a new Chairman. however, the appellant preferred a departmental appeal on 15.06.2012 for provision of a separate telephone facility according to his entitlement which has not been responded to so far. Hence he Ailed the present appeal on 25.09.2012 which is within the prescribed period of limitation.
2. The learned counsel for the appellant argued that the appellant is, entitled to a separate telephone facility according to the Cabinet Division's O.M. dated 05.01.2007 and denial of the same is violative of Article 25 of the Constitution of Islamic Republic of Pakistan, 1973. He contended that the respondents have not followed the rules and instructions on the subject which is against the principle of good governance.
3. It is maintained by the respondents that consequent upon completion of term of office by various Chairmen Standing Committees in March 2012 outgoing facility from their telephones was withdrawn to avoid misuse thereof till the election of new Chairman Committees but soon after election of new Chairman Standing Committees, all telephones were made functional. It is submitted that alternate communication facility of mobile telephone was available with the appellant on public expense lo the limit of Rs, 800/- p.m. therefore, question of non-availability of communication facility did not arise. It is. stated that powers to sanction a new office fixed line connection in respect of Officers in BS-17 and above were delegated to the concerned Principal Accounting. Officers which were to be exercised by them keeping in view the nature of duties of those officials. The learned counsel lastly argued that since the Private Secretaries are attached with the Officers in BS-21 and above to facilitate them for official business, therefore, the question for provision of a separate office telephone to them does not arise.
4. We have heard the learned counsel for the appellant, Mr. Muhammad Hanif, Superintendent, departmental representative of the respondents and have also perused the record.
5. It is an admitted fact that the appellant is in BS-19 and according to Cabinet Division's O.M. dated 05.01.2007 a BS-19 officer has been provided office telephone facility with ceiling of R.s.8221/- plus line rent per month. It is also an admitted fact that officers in BS-21 & above have been provided with office telephone facility with no limit which includes the ceiling of Private Secretaries. It was not fair for the respondents to withdraw the office telephone facility from the appellant under the apprehension of misuse. The appellant, being a grade 19 officer, could use the telephone facility to the extent of his ceiling in the .absence of the Chairman. Since he was attached with the Chairman Standing Committee on Petroleum & Natural Resources for his facilitation, therefore, the question for provision of a separate office telephone to him docs not arise.
6. The appeal is disposed of in the above terms without any order as.
7. Parties shall be informed accordingly.