Shorthand Passage from Dawn Editorial 10.11.2021 | Dictated in the APS test in the Council of Islamic Ideology on 10.11.2021

This Shorthand Passage is prepared from the Dawn Editorial "Win for Journalists" dated 10.11.2021 which was also dictated in the Assistant Private Secretary (APS) BPS-16 test in the Council of Islamic Ideology. The Shorthand test for APS is normally dictated @ 100 wpm speed and dictation period is from 3 to 5 minutes having 300 to 500 words and after dictation it has to be transcribed within a half hour or more. 

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 English Shorthand Passage pdf | Legal Shorthand Passage pdf | Shorthand Passage Supreme Court Order Part-IV (Final) pdf

Part-IV

 

The competent authority at Head Office has advised that the services of Mr. Zahoor Ahmed Officer Grade-II have been terminated from the Bank on account of unauthorized absence with effect from the date of absence i.e. 31.10.2014, the intervening period from the date of absence from duty till the date of termination will be treated as Extra Ordinary Leave without pay not counting towards Service, Promotion, Increase/ Increment & Pensionary Benefits etc.

 

 

 

 Therefore, he is advised accordingly with the instruction to adjust all direct/ indirect loans/ liability outstanding against him immediately, otherwise, legal proceedings will be initiated for recovery against him and his Guarantor.” There is no mention whatsoever in this Memorandum that it was passed under the National Bank of Pakistan (Staff) Service Rules, 1980. It seems that the learned Division Bench of the High Court, who has passed the impugned judgment has merely relied upon the submission of the learned counsel for the respondent and assumed the same to be correct and thereafter, proceeded on such erroneous assumption and found the Memorandum of termination from service of the respondent to be illegal.

 

10.       In our view, this very treatment of the Memorandum dated 07.04.2016 by the learned Division Bench of the High Court was not appropriate for it ought to have looked into the Memorandum to ensure and be satisfied that what was orally argued by the learned counsel for the respondent was correct. The Memorandum dated 07.04.2016 having not at all stated that it has been issued under the National Bank of Pakistan (Staff) Service Rules, 1980, finding such Memorandum to be illegal by the learned Division Bench of the High Court was absolutely erroneous and unjustified and was not in accordance with the law.

 

11.       We, therefore, find that the impugned judgment passed by the learned Division Bench of the High Court could not be sustained. The same is, therefore, set aside and the appeal is allowed.

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7.         In the face of such absence from duty of the respondent, which being admitted, there was no need to hold a regular enquiry because this Court in the case of Federation of Pakistan through Secretary, Ministry of Law and Justice Division, Islamabad vs. Mamoon Ahmed Malik (2020 SCMR 1154), has already held that where the fact of absence from duty being admitted on the record, there was no need for holding of a regular enquiry for that there was no disputed fact involved to be enquired into.

 

 

8.         As regards the observation of the High Court that the absence period of the respondent was condoned as his joining report was accepted by issuing stern warning to the respondent, no document is available on the record which may show the period of absence of the respondent was condoned or his joining accepted or he was issued stern warning by the appellants. The only thing evident from the record is that by Memorandum dated 07.04.2016, the service of respondent was terminated from 31.10.2014 and the intervening period, from the date of absence from duty till the date of termination, was treated as Extra Ordinary Leave without pay not counting towards Service, Promotion, Increment & Pensionary Benefits, etc. The treatment of absence period as  Extra Ordinary Leave without pay has already been dealt with by this Court in the case of NAB through its Chairman vs. Muhammad Shafique (2020 SCMR 425) and Kafyat Ullah Khan vs. Inspector General of Police, Islamabad and another (Civil Appeal No.1661 of 2019), where it has been held that while imposing penalty on the employee in the case of unauthorized absence, the absence period treated as an  Extra Ordinary Leave is not a punishment, rather is a treatment given to the absence period, which employer is entitled to do.

 

9.         As regards the observation of the High Court in the impugned judgment that the order of termination has been passed under the National Bank of Pakistan (Staff) Service Rules, 1980. The very Memorandum dated 07.04.2016, by which the service of the respondent was terminated.

 

 

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He further contended that the High Court has also wrongly noted in the impugned judgment that the period of absence of the respondent has been condoned and his joining report was accepted by issuing a stern warning to the respondent. He contended that there is no evidence on the record showing condonation of absence or accepting joining or issuing of stern warning.

 

4.         Mr. Kamran Murtaza, Learned Senior Advocate Supreme Court for the respondent, on the other hand, has supported the impugned judgment but has frankly conceded that from 31.10.2014 to 07.04.2016, the respondent has remained absent from duty except for one day i.e. 02.02.2016.

 

5.         It is quite evident from the record and also admitted by the learned counsel for the respondent that the respondent had remained absent from 31.10.2014 to 07.04.2016 except for one day i.e. 02.02.2016, when he stated to have reported for duty. It is also apparent from the record that respondent was issued notices by the appellants to join duty but he did not join duty, rather took a plea that on account of tribal feud he is unable to work in the Bank having threat to his life. Though such ground was taken by him but as stated by the learned counsel for the appellants, the respondent did not provide any material or evidence showing that in fact there was any tribal feud or there was threat to his life and even no instance in this regard whatsoever was pointed out by the respondent. Not even an FIR of any incident showing threat to the life of the respondent was provided to the appellants.

 

6.         From the record it is evident that the respondent has remained absent from duty and that he has filed some applications with the Bank asking for leave but such applications for leave were not allowed, rather through absence notices dated 08.07.2015, 27.07.2015 and 06.08.2015, the respondent was directed to join duty but he chose not to do so.

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SUPREME COURT ORDER 26.11.2020 PART-I

Total Words: 350

 GULZAR AHMED, CJ.- We have heard the learned counsel appearing for the parties and have also gone through the record of the case. 

2. This appeal is by leave of the Court. Necessary facts of the matter are that the respondent was employed as Officer Grade-II with the appellants-National Bank of Pakistan (the Bank) and was posted in the Satellite Town Branch, Quetta. He absented himself from duty from 31.10.2014 and was issued notice dated 08.07.2015, wherein he was asked to report for duty within three days of the said notice and to justify his absence. Again on 27.07.2015, absence notice was issued to the respondent and he was 

 again directed to report for duty within three days of the issuance of the notice. The respondent did not join duty, rather gave a reply dated 05.08.2015 in which he acknowledged the absence notice dated 27.07.2015 and stated that since November, 2014, he could not join the Branch due to threat to his life on account of tribal feud and that he has sent an application but has not received any response from the Branch. He has further stated in this very letter that it is extremely difficult for him to attend the office furthermore, due to life threat. In the letter, he has further stated that he may be allowed one more year’s leave without pay. He was again issued absence notice dated 06.08.2015 but he did not join duty. On 02.02.2016, he reported for duty for one day and on this very day he gave an application and thereafter, failed to report for duty.

Ultimately, through Memorandum dated 07.04.2016, the service of the respondent was terminated for remaining absent from 31.10.2014. 3. Mr. Kaleemullah Qureshi, learned counsel for the appellants has contended that where the very absence from duty was admitted, there was no need for conducting of disciplinary proceedings and that the High Court has wrongly assumed that order of termination from service was passed under the National Bank of Pakistan Rules, 1980.

Dawn Editorial Shorthand Passage from Article "The worst of Worlds" dated 08.01.2021 Part-III PDF and Dictation

 

Dawn Editorial Shorthand Passage from Article "The worst of Worlds" dated 08.01.2021 Part-III PDF with Dictation @ 95 WPM 

The worst of worlds

BY FA I S A L B A R I  2021-01-08

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And since teachers retire at 60, we seem to be saying we are stuck with the pool once we select them. We also know, from various surveys, that teaching is not the profession of first choice for the majority of people who join the public sector as teachers.

 

2.         Should we not, like in any other profession, have some incentives for making teachers improve their performance and/ or have ways of moving out those who do not want to be, or are not good enough to be in the profession? The quest to reduce nepotism and corruption much needed and welcome, of course has had significant unintended consequences. If the selection process cannot be made more discriminatory and selective, and on the right variables, there must be other incentives to ensure teachers improve over time and/ or ways of moving them out of this profession and into ones they might be better suited for. But, right now, we seem to be in the worst of all situations: the initial selection, made on variables that are not good predictors of eventual performance, gets locked in.

 

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3.         There is ample evidence that quality of teaching makes a significant difference in student learning outcomes. Over the last couple of decades, given the poor learning outcomes that we have consistently been seeing in our education system, there has been increasing focus on the quest to improve quality of learning and teaching. Teacher salaries, terms of service, in-service training and, as stated, recruitment policies have been changed to address some of these concerns. But the reforms are incomplete. We need to do a lot more especially in how we manage teacher selection for quality, and how we incentivize teaching-quality improvements. The writer is a senior research fellow at the Institute of Development and Economic Alternatives, and an associate professor of economics at Lums.

 Dawn Editorial Shorthand Passage from Article "The worst of Worlds" dated 08.01.2021 Part-II PDF with Dictation @ 95 WPM 

The worst of worlds

BY FA I S A L B A R I  2021-01-08

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If the objective is to have good teachers in our public system, yet we cannot select people who have a higher probability of becoming good teachers based on more nuanced evaluations than just their academic performance, then the only other way we can impact the average quality of the teacher pool is by weeding out bad teachers.

We allow people to enter the teaching profession through the `objective` set-up so that there is confidence that their recruitment is `merit-based`, but know that this allows no effective selection for good teachers. Then, as their performance becomes clear with time, we try to train those who are not performing well, but if their teaching does not improve over a certain period and up to a certain minimum level, we fire them. That is the only way the pool of teachers can, over time, improve the average quality of teaching.

Again, the literature shows that teachers tend to improve their teaching over the first three years of their career and then they tend to plateau. Three years seems like a long enough period for teachers to come up to a certain minimum standard of teaching quality. If they do not, they get fired. Some provinces do have a `probational` period of three years before teachers are made permanent.

But the probation period is not used to ensure that teachers improve their quality of teaching. At the end of the three years,if a teacher does not have any major disciplinary issues against them, they are confirmed. The quality of teaching and/or improvements in quality are not variables that are looked at when confirming teachers.

This implies that we cannot `select` good teachers and we cannot weed out the weakest ones. How, then, is the teaching pool to improve in quality? We recruit 100 teachers on the basis of their academic performance. We do not know how many amongst these 100 are going to be good teachers. Even witha long enough probation period long enough to give us a good idea of how good a teacher a person can/will be we do not use it to either incentivise teachers to learn or to weed out the weaker ones.

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Dawn Editorial Shorthand Passage from Article "The worst of Worlds" dated 08.01.2021 PDF with Dictation @ 90 WPM

Dawn Editorial Shorthand Passage from Article "The worst of Worlds" dated 08.01.2021 PDF with Dictation @ 90 WPM Below:

The worst of worlds

BY FA I S A L B A R I  2021-01-08

A COMMON complaint about public-sector teacher recruitment used to be regarding nepotism and corruption: teaching jobs being given to supporters of elected representatives and/or other influentials. Over the last decade, there has been significant reform in the way that we recruit teachers. Most provinces have increased entry requirements (the minimum level is graduation), clarified eligibility criteria and stipulated specific weights for these, made third-party entry tests a requirement, and reduced the weightage of interviews in the selection process.

The result has been a selection process in which the drawing up of candidate rankings has become a lot more transparent and `objective`. A candidate`s academic performance gets her `X` marks, her degree gets her another `Y` marks and then there is a small weightage for interview performance, where almost all candidates score an average, and then the ranking list is worked out. The academic performance of candidates, ie how well they did in their academic careers, drives the rankings.

Post-selection litigation about the process and/or the outcomes has gone down significantly, and this gives us evidence that the process has indeed changed and has become a lot less contentious. Teachers recruited over the last decade or so have gone through these new processes, and this has more or less been the case across all provinces.

But the effort to make the process transparent and based on `objective` criteria, even leaving aside the issue of what is or is not objective about academic performance, has had unintended consequences too.

Literature on teachers shows that academic performance of candidates does not predict well whether a person is going to be a good teacher or not. It is the more `subjective` and harder to evaluate elements, such as personality type, that offer a better correlation. If we wanted to `select` better teachers, we would need to rely more on interviews, performance on personality tests and evaluationsof teaching demonstrations. But our transparency and `objectivity` goals get compromised if we go in that direction, and we once again open ourselves up to corruption.

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