Chief Justice Supreme Court of Pakistan is requested to take suo motu action on fraud (now admitted) with Untrained Teachers since 1970 by the Finance Department, Government of NWFP.

                At present, there is a noise of corruption along with the daily bangs of suicide attacks. When the suicide first started, the people were in fear but now there is no fear anywhere. On 19-11-2009, I attended Service Tribunal NWFP, Peshawar in connection with my appeal against the Finance Department, Education Department and Accountant General. Someone brought the information that Judicial Complex Peshawar situated on Khyber Road was attacked by a suicide bomber. The information brought no change on the people present there. I noted the face reading of everyone. Someone remarked—“These are the fruits of the tree of injustice which the leaders and influential have planted”. I began to think on these bitter remarks of the people and reached to the conclusion that today if I was standing in the Service Tribunal it is due to the injustice of the Departments which have ceased to function properly, who deceived the untrained Teachers of the Education Department that they were not entitled to the annual increments but now 39 years after have issued a notification that the untrained teachers are entitled to annual increments for their untrained service but without arrears prior to the issuance of the notification. This notification infuriated me so much that first I submitted a departmental appeal but the department took no action within the statutory period, then I submitted service appeal before the Tribunal. Everyone has his own mentality and line of action. I seek the remedy of my grievance in the Court of law while the ignorant and illiterate aggrieved becomes suicide bomber and kills not only himself but also other innocent people. The root cause is deprivation, injustice and corruption. Corruption reports and the list of corrupt persons are being issued both domestically and internationally about Pakistani leaders and officials but the question is again who is to decide and who should be punished. The accused persons are on those chairs which are supposed to take action. Only the Chief Justice or his few Judges are not sufficient to handle the situation. The sugar crisis became worse when the matter went to the Supreme Court. The sugar is still not available in the shops in my village to the people on the rate given by the Supreme Court. The problems are so many that I feel shame to present my own problem to the Chief Justice but there is no other alternative. In the year 2007, the Supreme Court has given a Judgment that the Teachers who have acquired higher qualification are entitled to Advance Increments but the matter is still pending the offices. Who will come to the rescue of the Teachers who have been denied their rights. I have already submitted a departmental on this matter also but is it necessary that I shall go the Tribunal on every matter.

            I shall be very grateful to the Chief Justice, Supreme Court of Pakistan to ask me to submit all the grievances of the Teachers relating to salaries to the Supreme Court for deciding them once for all. It is astonishing that the appeal is sub judice in the Service Tribunal since 14-7-2009 and the Finance Department has attended the Tribunal but so far has not submitted the reply. The Finance Department has given loss to the Teachers of the NWFP for the last 39 years. Who shall compensate the Teachers? If the Tribunal or the Supreme Court allowed the arrears to the Teachers still the deficiency cannot be compensated because the rate of gold in 1970 is not the rate of gold in the year 2009. The real justice with the Teachers is that after due calculation of the difference of rates of gold in 1970 and 2009, the Teachers should be compensated keeping in view the present market value of the gold. For the fraud which the Finance Department has committed with the Teachers, the officials cannot be criminally prosecuted but the department can be asked to compensate the loss which occurred to the teachers due to the fraud in shape of damages and arrears of pay and allowances after comparing the prices of the gold in 1970 and 2009. When we talk about the Justice and Human Rights, then the Government Departments should be held for punitive damages. It is not the real justice that a person deprived of some cash amount in 1970 should be given only that amount in the year 2009. Salary is the property of a civil servant and property has been given Constitutional guarantee. The Finance Department has violated the Constitution for which it should be given exemplary punishment in shape of paying damages to the Teachers who had been deprived of their pay and allowances.

            The matter of comparison of the value of Rupee in 1970 with Rupee in 2009 is of paramount importance for full justice with the Teachers. Merely payment of that amount which was due in 1970 is injustice with those who are declared entitled to the right. My grandmother used to say that officers passed by un-fair-means and appointed through recommendations and intercessions have created much problems for the people. When today I remember her remarks about the officers of various departments, her words seem to maxims. The Chief Justice is also requested to take notice of this matter because it directly related to the Teachers from Chitral to Dera Ismail Khan and from Khyber to Hazara. When the Chief Justice is struggling for the supremacy of the Rule of Law, I also work for that purpose. The real justice is not that that I should win the case. The real justice is that all the affected Teachers should get their rights with damages.

Manzoor Ahmad Yousafzai

Saturday, November 21, 2009

Massive embezzlement detected: CJ

ISLAMABAD – A massive embezzlement of billions of rupees in price fixing mechanisms for petroleum products in local markets since 1999 by the beneficiaries, oil companies, OGRA as well as the Federal Government has been detected, remarked Chief Justice Iftikhar Muhammad Chaudhry.
The Chief Justice was heading a three-judge bench of the Supreme Court (SC) that heard two petitions of Rukhsana Zuberi and Iqbal Zaffar Jhagra with regard to oil, CNG and LPG prices. Justice Khilji Arif Hussain and Justice Chaudhry Aijaz Hussain were other judges of the bench. During Thursday’s proceedings, the CJ observed that Justice (Retd) Bhagwandas’ report pointed out billions of rupees embezzlement by the authorities concerned with Ministry of Petroleum.
Expressing displeasure over procrastination in the implementation of Rana Bhagwandas’ Judicial Commission Report on oil pricing, he observed that the government failed to implement the recommendations of the report as delay tactics were being applied.
It appears that the delay tactics, which left everything to the sweet will, compromise with the oil companies by overlooking loot and plunder in fixing oil prices, the court observed.
The CJ expressed worries over the miseries of common persons as a few selected were earning most of the money. All contracts were being awarded on the basis of nepotism, he explained.
Acting Attorney General Shah Khawar informed the court that the federal government authorised OGRA to determine oil prices.
Khawar further remarked that it would be highly inconceivable to be oblivious of the interests of oil companies and act freely and independently in the larger interest of consumers.

Ikram Chaudhry Advocate, Counsel of PML-N leader Iqbal Zaffar Jhagra, argued that the Oil Companies Advisory Committee (OCAC), which used to determine oil prices, was constituted three decades ago and there was a pressing need to amend antique policies.
There was no justification for the increase in prices of petroleum products when oil prices were on the decline in the international market, he explained.
“Under which laws and principles were billions of rupees being received through taxes on petroleum products?” the learned counsel asked.
He said it was a fact that governments couldn’t run without imposing taxes but “imposing so many taxes on one product is unjustified.”
The apex court was also surprised over the performance of the cabinet, as the steps recommended by the advisory committee were not taken.
Counsel for oil companies Advocate Khalid Anwar argued that the OCAC announced a deregulation policy by introducing a formula called “rationalised import parity policy” on petroleum products.
It is worth mentioning here that the apex court asked the relevant authorities to submit their reports. It was also observed during the hearing that the spirit of the deregulation policy was to authorise OCAC till the formation of a permanent regulatory authority, which was later established on March 28, 2002, when the OGRA Ordinance 2002 was promulgated and enforced.
The proceedings of this case were adjourned till 24th November.