DETAILS OF THE CASE

1. Industries Department through its letter dated the 10 th January, 2014,

asked Finance Department to increase 25% rent of Zonal Office,
Loralai (F/A).
2. Finance Department responded vide its letter dated the 23 rd January,
2014, reply of which is still awaited (F/B).
3. Mohtasib Office vide its letter dated the 07 th August, 2014, asked
Finance Department to process the case (F/C).
4. Finance Department vide its letter dated the 12 th August, 2014
intimated the Mohtasib Office about position of the case (F/D).
5. Mohtasib Office vide its letter dated the 22 nd November, 2014 has
asked Secretary Finance Department to depute Deputy Secretary
(Regulation) to appear in person before the Honble Provincial
Mohtasib on 01-12-2014 alongwith all the relevant record (F/E).
Stance of Finance Department:
Reply of Industries Department is awaited as mentioned at S.No.2.

DETAILS OF THE CASE

1. Health Department granted 6-month extra ordinary leave w.e.f.
February, 2009.
2. Submitted arrival report on 19-08-2009.
3. Health Department issued notification of posting on 24 th May,
2011.
4. Health Department issued notification of removal from service
w.e.f.
20-08-2009.

GOVERNMENT OF BALOCHISTAN
FINANCE DEPARTMENT

(REGULATION-II)

NOTE FOR THE WORTHY CHIEF SECRETARY

Subject:- AMENDMENT IN THRMS AND CONDITIONS OF APPOINTMENT
OF PROVINCIAL OMBUDSMAN.
A letter vide (F/A) was received from Governors Secretariat
regarding Amendment in terms & conditions of appointment of the
Provincial Ombudsman whereby forwarded a letter copy of the
Accountant General Balochistan with regard to Inadmissibility of Superior
Judicial Allowance to the Provincial Ombudsman Balochistan (F/B).
2.
It is submitted that in para-2 of the A.G office above mentioned
letter observation of audit on sanction of the terms & conditions was
conveyed that the Super Judiciary Allowance had been allowed to the
Provincial Ombudsman. Whereas in the light of Judgment No.PLD 2001
Supreme Court 142 in the case titled Shafatullah Qureshi Versus Federation
of Pakistan in Constitutional Petition No.122/98 the Ombudsman (Mohtasib)
is not to serve a Court or Judicial Tribunal and it has a quasi-judicial role in
disputes arising due to maladministration.
3.
Above in view, the A.G office advised that while issuing
notification regarding terms and conditions of appointment of the
Provincial Ombudsman Balochistan, the Superior Judicial Allowance should
not be included in monthly emoluments and further informed that the
advice was being given in the light of Article 13 of Section II of Audit Code.
4.
It is submitted that after establishment of Office of the
Provincial Mohtasib in Balochistan, the S&GAD moved a summary in the
light of the approval granted by the Provincial Cabinet and proposed the
status of Mohtasib as of the rank of Judge of High Court. The said summary
was approved by the Honble Governor (F/C). It is not known to this
Department as to whether the Cabinet recommended for the status of
Provincial Mohtasib as of the Judge of High Court or the S&GAD itself
moved this proposal for approval of the Honble Governor. In para-2 of the
said summary, the S&GAD had described that it would also ascertain the
set up of the Provincial Mohtasibs in the other provinces, but it looks as if
the same was not ascertained, because the status of the provinces,
Mohtasib in Punjab and Sindh is equal to the provincial minister (F/D).
Further, Superior Judicial Allowance is granted to the Judges of the
Supreme Court and High Court in the light of an amendment in the Act,
1998 (F/E).

(MUSHTAQ AHMED)
FINANCE SECRETARY
Chief Secretary.
U.O.No.PS/FS/2014/
Dated: _ _ _ December,2014

Keeping above in view, it is proposed that before taking any

action in the matter, comments/views of the S&GAD and Law Department
may be sought, please.

(MUSHTAQ AHMED)
FINANCE SECRETARY
Chief Secretary.

U.O.No.PS/FS/2014/
Dated: _ _ _ December,2014

A letter vide (F/A) was received from Governors Secretariat

regarding Amendment in terms & conditions of appointment of the
Provincial Ombudsman whereby forwarded a letter copy of the

Accountant General Balochistan with regard to Inadmissibility of Superior

Judicial Allowance to the Provincial Ombudsman Balochistan (F/B).
It is submitted that in para-2 of the A.G office above mentioned
letter observation of audit on sanction of the terms & conditions was
conveyed that the Super Judiciary Allowance had been allowed to the
Provincial Ombudsman. Whereas in the light of Judgment No.PLD 2001
Supreme Court 142 in the case titled Shafatullah Qureshi Versus Federation
of Pakistan in Constitutional Petition No.122/98 the Ombudsman (Mohtasib)
is not to serve a Court or Judicial Tribunal and it has a quasi-judicial role in
disputes arising due to maladministration.
Above in view, the A.G office advised that while issuing
notification regarding terms and conditions of appointment of the
Provincial Ombudsman Balochistan, the Superior Judicial Allowance should
not be included in monthly emoluments and further informed that the
advice was being given in the light of Article 13 of Section II of Audit Code.
It is submitted that after establishment of Office of the
Provincial Mohtasib in Balochistan, the S&GAD moved a summary in the
light of the approval granted by the Provincial Cabinet and proposed the
status of Mohtasib as of the rank of Judge of High Court. The said summary
was approved by the Honble Governor (F/C). It is not known to this
Department as to whether the Cabinet recommended for the status of
Provincial Mohtasib as of the Judge of High Court or the S&GAD itself
moved this proposal for approval of the Honble Governor. In para-2 of the
said summary, the S&GAD had described that it would also ascertain the
set up of the Provincial Mohtasibs in the other provinces, but it looks as if
the same was not ascertained, because the status of the provinces,
Mohtasib in Punjab and Sindh is equal to the provincial minister (F/D).
Further, Superior Judicial Allowance is granted to the Judges of the
Supreme Court and High Court in the light of an amendment in the Act,
1998 (F/E).
Keeping above in view, it is proposed that before taking any
action in the matter, comments/views of the S&GAD and Law Department
may be sought, please.

Similarly, financial assistance as admissible to the bereaved

families of the employees who die during service due to natural death is
just Rs. 350,000/- (irrespective of grades) as per Finance Departments
policy dated 3rd October, 2006 vide (F/C) which shows that no increase
has been made since 2006. On the other hand the sister provinces have
enhanced the amount of financial assistance so as to compensate the
bereaved families in matters of their financial hardships. A comparative
statement in this regard may be perused at (F/C).
(AURANGZAIB
KASI)
Under
(Reg-II)
DS (A/R)

Secretary

Pre Para- 1 to 5/n:

After prior approval of the competent authority, the undersigned
proceeded to Islamabad for a training course from 21 to 22 January, 2015.
Thereafter, the undersigned visited the Federal Secretariat, Islamabad for
acquiring relevant & useful data for comparative study with policies issued
by this Department so as to bring improvement in our policies if required
in the best public interest. The Officers there assured me their utmost
cooperation for the purpose and made commitment that as soon as the
under process of compilation of financial rules/regulations is finalized same
would be conveyed by post to this office.
Taking advantage of the instant opportunity, the undersigned further
travelled by road from Islamabad to Lahore so as to visit Finance
Department , S&GAD and others of the

Govt of Punjab for getting

following policies relevant for the said purpose:

i.

Leave Rules

ii.

Policy of Compensation Package of Shaheed Employees

iii.

Policy of Financial Assistance of Employees who die during

service.

iv.

Increase in Pension to Civil Pensioners etc

v.

TA/DA Rules

vi.

Status of devolved employees in the wake of 18th Amendment

vii.

Delegation of Financial Powers etc etc.

Some of the policies provided on the spot are placed below for
perusal while remaining would be sent on official address of this
Department.
At the cost of consuming valuable time it is pertinent to mention
here that former Secretary Finance, Mr Dostain Khan Jamaldini floated an
idea and asked officers of the Regulation Wing to necessarily pay visit of
the sister provinces and Federal Govt at least once in a year as a study
tour for having close coordination and comparative analysis of the
financial rules and policies adopted by them and modified from time to
time so as to have appropriate check on policies vogue here in the best
public interest.
Submitted for perusal and information please.
(AURANGZAIB
KASI)
Under
(Reg-II)
DS (A/R)

Secretary

PART FILE NO.FD.SO(Reg-II)VII-II/2015.

PUC: - It is a letter received from Home Department seeking release
of compensation amount in favour of bereaved families of Shaheed
employees (four in umber) mentioned therein the letter as PUC.
The instant case falls in the ambit of our compensation package
policy dated the 18th July,2013 vide F/A, hence, SO-I (B) may be referred
the subject case for release of admissible amount after fulfillment of all the
codal formalities, please.

(AURANGZAIB KASI)
Under Secretary
(Reg-II)

DS (A/R)

Sr.
#

City

1 Quetta

Address

Telephone

Arbab Barkat Ali Road, Near Railway

Football Ground.

0819201762

Under the existing policy of compensation package, bereaved family

of

Sub-Inspector of B-14 who embraces Shahadat due to

terrorist act is entitled of cash compensation of Rs.4.00 Million. Whereas,

instant case is of 2008 that is why does not fall in the above mentioned
policy of compensation package. However, keeping in view, financial
hardship of the bereaved family concerned half of the existing rates i.e.
Rs.2.00 Million as proposed by the Home Department is justified to be
considered.
Submitted, please.

DS (A/R)

(AURANGZAIB KASI)
Under Secretary (Reg-II)

KHWAJA SALEEM MUSTAFA

Director General (Impl:)