Aamir Lashari
ISLAMABAD: Certain promotions made in the Oil and Gas Development Company Limited (OGDCL) have raised legal and administrative questions regarding the application of the company’s Service Rules, particularly whether employees who did not possess the minimum educational qualifications and experience prescribed for specific posts could be considered for promotion on the basis of securing 65 percent or more marks in the promotion evaluation.
The matter has also raised questions regarding whether the Departmental Promotion Committee (DPC) can consider employees for promotion if they do not meet the prescribed eligibility requirements for the relevant post. It has further prompted questions regarding the implementation of directions issued by the relevant oversight forums in the matter.
According to available official records, Rule 5(c) of the OGDCL Employee Service Rules, 2002 provides that promotions shall be made in accordance with the criteria laid down in Appendix-B. The rules prescribe the educational qualifications and experience required for each post as the basic eligibility criteria. Under the OGDCL Service Regulations, the Departmental Promotion Committee is required to consider only those employees who fulfil the prescribed eligibility requirements for the respective position.
OGDCL management, however, maintained that the employees concerned had secured at least 65 percent marks in the promotion evaluation and were promoted on that basis. In light of the relevant provisions of the Service Rules, the question remains whether success in the evaluation process can be treated as fulfilling, or substituting for, the prescribed eligibility requirements, or whether the evaluation process applies only to employees who already meet those requirements.
A reading of the relevant provisions of the OGDCL Service Rules indicates that eligibility and merit constitute two distinct stages of the promotion process. The first stage requires a candidate to possess the prescribed educational qualifications and experience for the relevant post, while the second stage involves selection from among eligible candidates on basis of evaluation, performance, fitness and seniority.
The issue has also prompted legal debate over the interpretation and uniform application of the Service Rules, particularly whether the prescribed eligibility requirements must be satisfied before candidates are considered under the promotion evaluation process.
According to available official records, the matter also came before the “DAC”, which directed that the relevant record be examined, the matter be reviewed in accordance with the applicable rules, and necessary action be taken. However, according to the available record, no final outcome or action taken pursuant to those directions has been reported.
