Civil Servant Act17

7/29/2019 Civil Servant Act17

1/40

Mian Khuda Bakhsh,Rtd. A.C.S. Punjab& Member, P.P.S.C

The Civil Servants Act,1973


2/40

1. The Civil Servants Act, 1973 and therelated service rules made under or

controlled by it, especially:-

Civil Servants( Appointment, Promotion &Transfer) Rules,1973:Cadre/ Functional unit or service group wise

recruitment rules.Civil Servants (Confirmation ) Rules, 1973Minimum length of services Rules.Government Servants (Conduct) Rules, 1964

Government Servants (Efficiency & Disciplines)Rules,1973Occupational Groups & Services (Probation,

Training & Seniority) Rules,1990

Other ancillary rules etc.


3/40

2. Relationship between the Act & the Rules

Act (i.e law) made by the principal Legislative Body & the rules madeby a body or authority so authorised in the Act;

Act (i.e law) to make basic & substantive enabling provisions and therules to further explain and illucidate the provisions of the Act;

Act to dominate and rules (and also the regulations etc) made underit to remain subordinate and supportive to the parent Act.

Act a kind ofprincipallegislationand rules (or regulations etc) madeunder it a kind of subordinate legislation.

Act (or a law) to be made in the manner given in the Constitution andthe rules to be made in the manner, for the purposes and by theauthority mentioned in the relevant Act.

Every Act (or law) may not necessitate and provide for the making ofrules (& regulations) under it. These will be made only if asked for ina law (or Act).

Rules (and regulations etc) are made to administer, operationalise,assist & support the controlling Act or law and not to contradict, or tobe inconsistent and in conflict with their parent law.


4/40

3. The Civil Servants Act, 1973 (as amended tilldate), however, necessitates and provides for

the making of rules under it. It empowers thePresident, or a person, body or authority to befurther authorized by the President to makerules for carrying out the purposes of the Act.

The President has further authorized the PrimeMinister (and for certain matters the otherauthorities) to make rules under this Act. Theauthority so authorized to make will have thepower to un-make and also to give relaxationwhere & to the extent permitted


5/40

4. Purpose of the Act.

The purpose of the Civil ServantsAct is to

regulate the appointment of persons to, andthe terms and conditions of service of persons,in the service of Pakistan and to provide formatters connected there with or ancillary there

toIn short, all service matters from the date ofappointment of a person till the date of hisretirement and even post retirement matterssuch as pension and re-employment etc aredealt with and regulated by this Act and therules (& also the regulations and instructions)made under it


6/40

5. Why made & when

The Act was made in 1973 to meet therequirement of Article 240 of the Constitution of

1973 which reads as under240 subject to the constitution, the

appointments to and the conditions of personsin the service of Pakistan shall be determined:-

in the case of the services of the Federation,posts in connection with the affairs of theFederation and All- Pakistan Services, by orunder Act of Majlis-e-Shoora (Parliament) and

in the case of services of a Province and postsin connection with the affairs of a Province, byor under Act of the Provincial Assembly


7/40

The Federal Legislature i.e. the Parliamentaccordingly made this Act in 1973 and the

Provincial Assemblies made their respectiveProvincial Civil Servants Acts in 1974, almostsimilar to and identical with the Federal Act.

The system prior to 1973 in the field of service

matters was regulated by the Constitutional andother legal provisions till then existing in theform of rules, regulations and instructions etc.most of which have either been incorporatedinto the new rules made under it or these haveseparately and concurrently been allowed toexist in order to support and supplement therules made under this Act.


8/40

6. Terms and conditional of service ThisAct and the rules made under it determine and

regulate the terms and conditions of civilservants which cannot be varied to thedisadvantage of a civil servant except byoperation of this Act and the related rules under

it nor can a civil servant be penalized(dismissed, removed or reverted) except inaccordance with this Act and the rules. Bytermsand conditions of service is meant the kind of

appointment, confirmation in services, seniority,pay , conduct, posting and transfer, retirement,pension and other benefits and prospects etc.


9/40

7. CivilServant According to this Act, a civilservant is he whose appointment, in govt.service, is made in accordance with this Act

and the rules made under it and he becomes: a member of the All Pakistan service i.e. aservice common for Federation and theProvinces e.g. The DMG, PSP and any otherservice created as such by law.

a member of a civil service of the Federation e.g.the service groups other than (i) above. who holds a civil post in connection with the

affairs of the federation, e.g. the posts in all thecadres, functional units etc. other than (i) and(ii) above, irrespective of their kinds, functions,grades and scales etc.

holders of civil posts connected with defense,in all scales and of all kinds


10/40

The persons belonging to the following categories,although in govt. service (having not been appointedunder this Act and rules made under it) will not become civil servants of the Federation:-

a provincial civil servant working on deputation in theFederal govt.

an employee of a Federal or Provincial autonomousbody or any other authority working on deputation tothe Federation,

a person employed in the Federation on contract. A person employed in the Federation on work charged

basis. A person employed by govt. but paid out of

contingencies; A person, employed in a govt. held factory as a

worker or workman as defined in the Factories Act,1934 and Workmens Compensation Act, 1923.


11/40

8. Selection Authority Every regular appointment,whether by initial or direct selection, or bypromotion, or by transfer (from one cadre/ servicegroup to the other) is to be made on the

recommendations of the relevant selection /promotion authority. It is;-

(i) Federal Public Service Commission for directappointment to posts in Bs 16 and above or on suchother posts as may be brought into its purview.

SelectionBoardfor appointment by promotion or transfer toposts in Bs. 19 to 21.

Special Selection / Promotion Board for appointment bypromotion to posts in BS. 22 or equivalent;

Departmental Promotion Committee for markingappointment by promotion or transfer to posts under a

Ministry, Division, Department or Office of the Federal Govt.in Bs.18 and below,

Departmental Selection Committee for makingselection for initial appointment to posts under aMinistry, Division, Deptt. Or office of the Federal Govt.in Bs. 1 and above, other than the posts in thepurview of the FPSC.


12/40

9. APPOINTMENT

The Act provides that all appointments ascivilservantsshall be made:-

(a) in the manner, to be prescribed (b) by the President or by a person (or

persons) authorized by him. 10.Both the Prescriptions have been

made in the Civil Servants (Appointment,

Promotion and Transfer) Rules, 1973 11.Authorization to act as appointingauthorities given to the following:-


13/40

BPS of Posts Appointing Authority

Prime Minister

Secretary of the Ministry orDivision concerned

Officers notified by theSecretary of the Ministry orDivision concerned

Posts in BPS-20 andabove or equivalent in allMinistries, Divisions and

Departments in theFederal Government.

Posts in BPS 17 to 19 orequivalent

Posts in BPS 16 orequivalent, and in BPS 1to 15 and equivalent


14/40

Posts in BPS 17 to 19 orequivalent in the PakistanAudit Dept. and Inter-

Departmental Cadre ofAccounts Group

Posts in BPS 16 and 1 to15 and equivalent

Posts in BPS 17-19 orequivalent in theIntelligence Bureau

Posts in BPS 1 to 16 or

equivalent in the Bureau Posts in BPS 17 and

equivalent under theController General of

Accounts

Auditor General ofPakistan

Officers respectivelynotified by the Auditor

General Director General of the

Bureau

Officers notified by the

D.G Controller General of

Accounts


15/40

Posts in BPS 1 to 16under the ControllerGeneral of Accounts

Posts in BPS 17 and18 and equivalent inPakistan Ordnance

Factories.

Officers notified bythe C.G

Chairman of P.O.FBoard


16/40

Note Changes can be made in the postsscales and their appointing authorities by makingamendments in the A.P.T.Rules and other related

rules.12. MANNER (S) OF APPOINT(S) The A.P.T.

Rules prescribe the following main manners ofappointments:-

Appointment by nitial or direct appointment; Appointment by promotion; Appointment by transfer;

Further Cadre/service group/or functional unit wiserecruitment rules are made by each Division in consultationwith the Establishment Division to determine:-

percentage of vacancies at all levels to be filled in eachor any of the three manners; other condition as to the basic qualification, experience,

domicile, age etc.


17/40

13. MANNER-1, Appointment by Initial or Direct recruitment

it can have the following sub-manners:-

Regular Appointment, if it is against a permanent orlikely to be come permanent post and is made of aqualified person after selection in the prescribed mannerthrough the prescribed selection authority.

Adhoc Appointment, If it is made of a qualified personbut not in the prescribed manner, not through theprescribed selection authority and is for a specifiedperiod or till the arrival of the selectee of the selectionauthority, which ever is earlier.

Appointment against a temporary post, If it is made of aqualified person temporarily for a limited period or tillthe life of the post which ever is earlier.

The appointees at (b) and (c) will have no right ofcontinuance or regularization in service nor any claim toseniority etc.


18/40

14. MANNER -2 APPOINTMENT BY PROMOTION

It means appointment to the next higher post in the same cadreor group through the manner of promotion. Appointment by thismanner can be of the following kinds;-

Promotion on Regular Basis It should meet the conditionsprecedent given in rules and procedure mainly as under:-

Post should become available in the promotion quota; It should be a regular vacancy;

The aspirant should be a regular appointee and deemed to havebeen confirmed on his present post; He should be in the promotion zone on the basis of seniority; His seniority should not be disputed with in; or without; He should have acquired the requisite training and passed the

test prescribed, if any;

No enquiry should be pending against him in or out of thedepartmental fora;

He should have completed the required minimum length ofservice;


19/40

His work and conduct as reflected in his PERs dossierand other related record, should be up to the mark;

He should be cleared for promotion by the relevantselection/ promotion authority ( board or committee

etc.) Promotion on Acting Charge Basis It may be of two

kinds; of a civil servant who meets all the conditions

precedent for regular promotion except one at (a),

(viii) above. He has yet not complete the minimumprescribed length of service in his present scale.During the period of short fall his promotion will be ason acting charge basis, yet to be converted intoregular on completion of the period of short fall, hence

liable to reversion. Seniority to be counted from thedate of regular promotion. If a civil servant, other wise fit for promotion as per

(a) above, is temporarily promoted to a post reservedfor initial recruitment quota, for a specified period,hence liable to reversion. Period of acting chargepromotion not to count towards seniority.


20/40

(C) Promotion on officiating charge Basis If a civilservant is fully qualified for regular promotion as per (a)

above but there is no vacancy in the promotion quotaand he is temporarily promoted to a vacancy caused bylong leave, deputation or suspension etc of its actualincumbent, his promotion till the existence of thisvacancy will be as on officiating charge basis, liable to

reversion and seniority of that period not to be counted. (d) Current charge Appointment Appointment of thesenior most civil servant, other wise fully fit forpromotion, to a direct recruitment quota higher vacancyin the cadre, likely to remain vacant for want of actual

selectee for a period less than 6 months, liable toreversion, period not to count for seniority.


21/40

15. MANNER -3 APPOINTMENTS BY TRANSFERIn the following 3 sub-manners or kinds;-

Appointment by transfer and total detachment from ones

cadre to a post in an other cadre on regular basis. This will bepossible only if the recruitment rules of the post in the othercadre provide for its filling by transfer and the aspirantqualifies for that post, is selected by its selection authority.Seniority on the post in the other cadre will count from thedate of regular appointment to it. Previous service may countfor pay, experience or towards total length of service for

pension. On abolition or reduction in size of a department or an

organization, its employees, who become surplus, can beabsorbed in other departments on equal or even lower posts,provided they are found qualified by the selection authorities ofsuch other posts & their seniority in the new positions will count

from the dates of their regular appointment by absorption. (iii) Appointment of inductees from the Armed Services/into some of the occupational groups & such other posts as maybe specified in the relevant rules, policies and procedures.Seniority of such appointees to count from the date ofappointment by induction.


22/40

16. Probation; In the service matters,probationmeans a period of good

behaviour under supervision, a process or period of testingthe character or abilities of a person in a certain role,especially an appointee to a position or post. An appointeethrough any of three main manners, when appointed onregular basis, will be on probation for 1 year, extendable byanother one year. Failure of completing the probationperiod satisfactorily can consequent upon:-

Extension in probation period; Termination of service if appointed by initial/ directrecruitment;

Reversion to the previous place/post from where broughtfor appointment by transfer, if his lien still exists at theprevious post. If it stands terminated or the post abolished

or filled in on regular basis, his services will also beterminated.

If appointed by promotion, will be reverted to the previouspost.

For taking any of the actions mentioned above, simple

procedure of issuance of a show cause notice & seekingexplanation will be enough.


23/40

17. Confirmation

The one whose appointment is against a postmade permanent and he completes theprobation period with all its ingredientssatisfactorily, will be come qualified forconfirmation & get his lien established againstthe post. If formal order of confirmation is not

issued at the end of maximum period ofprobation & no adverse action otherwise is takento the contrary, he will be deemed to have beenconfirmed from the date of the post having been

made permanent. Non qualification forconfirmation can consequent upon the actionstated under the heading ofProbation.

18 Seniority


24/40

18. Seniority In a cadre, or service group or functional unit, it counts from

the date ofregular appoint to a post or in a grade. Theappointments of the following kinds do not earn seniority:-

During the period of adhoc appointment.

Appointment against a temporarily created time specific post; Appointment on contract, or work charged or on payment

from contingencies ( the appointee not being a civil servant); Period of promotion on acting charge or officiating basis or

appointment on current charge basis.

Interse Seniority within a batch of direct appointees isdetermined by the selection authority and within in a batchof promotees on the continuity of their interse seniority inthe lower grade. Seniority once fixed can not be disturbedto the disadvantage of a person except in the followingsituations:-

If he was considered for promotion along with others andfound unfit twice; If he over stayed beyond the maximum permissible period of

sanctioned leave & during his unauthorized absence, his juniorwas promoted.

No one, however, can have a vested right to a particularseniority in his service, cadre or post.


25/40

19. Promotion

Promotion means appointment of a duly

qualified civil servant to a higher post in theservice or cadre to which he belongs.

Proforma- promotion mean pre-dating ofpromotion of a civil servant or a retired civil

servant w.e.f. the date of regular promotion ofhis junior; for the purpose of seniority, fixationof pay and payment of arrears etc.

A post may either be aselectionpostor anonselection post to which promotion is made inthe prescribed manner:-


26/40

In the case of a selection post, greaterweightage is given to selection on merit & due

weight age to the seniority in the grade and In case of a non-selection post, seniority

merits more than other considerations. It is tobe on the basis ofseniority-cum-fitness.

Kinds of appointment by promotion already brieflystated in the foregoing part of this presentation.

Despite having become qualified for promotion andfit to hold a post, a civil servant can not claim

promotion or posting to a post as a matter of right.He has only the right to be considered.


27/40

20. Posting and Transfer

Every civil servant is liable to serve any where

within or out side Pakistan, under the Federationor in a Province (on an equivalent, higher orpost) or local authority, or a corporation or astatutory body of the Federal or Provincial govt.

Employees recruited to serve a particular area orregion will be transferable within that regiononly.

No one, however, will be put to adisadvantageous position so far as his pay isconcerned.


28/40

21. Deputation

It means to serve out side ones service

group or cadre, especially by an autonomous orstatutory body or a local authority, on suchterms & conditions as may be fixed in the lightof the deputation policy of the govt.

22. Termination of Service In the following situations, service of a civil

servant can be terminated or he can be

discharged without adopting the lengthyprocedure of the Efficiency & Discipline Rules ortaking departmental disciplinary action:-


29/40

during or on expiry of the period ofadhoc appointment;

during or on expiry of the life of aperiod-specific temporary post.

On becoming surplus in the event ofdisbandment of a deptt/officeorabolition/reduction of posts.

For failure of completing the probationperiod satisfactorily, if appointed ondirect recruitment basic.


30/40

23. Absorption of civil servants rendered surplusas a result of re-organization or abolition of aDivision, deptt, office or of a post.

Absorption elsewhere cannot be claimed as a matter ofright; it is only as a measure of compassion .It can be onan equal post, or even a lower post, to which the surplusperson be found fit by the selection authority concerned.

Seniority at the new post, in the new grade to becounted from the date of absorption on regular basis;

Previous service to be counted from the date ofabsorption on regular basis.

Previous service to be counted only for protection of

pay, experience and continuous length of service forpension, and not for seniority.


31/40

24. Reversion

In the following situations, without the

process of disciplinary action, a civil servantcan be reverted to a lower post:-

if promoted on acting charge basic.

If promoted on officiating charge basic. If appointed on current charge basis. If after regular promotion, fails to complete

the probation period satisfactorily;

(v) If he was promoted just ontemp/adhoc basis.


32/40

25. Special Provision in respect ofirregularly appointed persons

Reference in such appointees to be made toselection authority to adjudge their fitness

If not found fit by the selection authority

concerned to be retained in service, theirservice to be terminated after formal showcause notice etc.

Their seniority to be reckoned in thegrade/ on the post from the date ofregularization of their appointments


33/40

26. Pay Pay means the amount drawn monthly by a civil

servant as pay & includes technical pay, special pay,

personal pay and other emoluments declared to bepay by the prescribed authority. Entitlement of a civil servant to the pay sanctioned for

the post to which he is appointed. Grade wise pay scale etc / (Bs 1 to 22 +) are

revised by the govt. after intervals through periodicalpay revision rules.

Current charge appointee or additional charge holdernot entitled to pay of the post, but his pay to bedetermined separately;

on re-instatement into service after dismissal orremoval etc, the person will be entitled to thearrears of pay.


34/40

27. Leave not as a matter of right;

In the exigency of service and at thediscretion of the competent authority. Further details in the Revised Leave Rules,

1980, made under the Act, as to kinds, extentsand grounds of leave.

28. Conduct Of a civil servant to be regulated by rules or

instructions issued by the govt. or by aprescribed authority, whether generally or in

respect of a specified group or class of civilservants. Govt Servants (Conduct) Rules, 1964generally applicable.


35/40

29. Efficiency & Discipline

As under the prescribed rules: GovtServants (Efficiency & Discipline) Rules, 1973, generally

applicable.30. Pension & Gratuity

Pension, if appointed & retired from pension able service / post;

Dismissed or removed from service not entitled to pension;instead compensation allowance not exceeding two thirds of the

likely admissible pension; Incase of death before or after retirement, family pension for

the widow(s);

Pension to be sanctioned within a month after retirement; incaseof delay, anticipatory pension (upto 2/3rd of the likely pension)to be sanctioned, plus or minus to be adjusted in the finalsanction.

Further details as to the rates of pension, gratuity,procedures etc in the Pension Rules controlled by theAct.


36/40

31. General Provident Fund

Regulated by Rules under the Act, details as to

rates, interest, and advances etc as per Rules. The Act re-emphasizes upon maintenance &

updating of civil servant/subscriber wiseaccounts of deposits/deductions, addition ofinterest and withdrawals, posting of missingcredits etc.

32. Benevolent Fund & Group Insurance

Instituted, regulated & maintained by separatelaw & the rules made there under. The C.S Actgives recognition and strength to the system.


37/40

33. Retirement from Service (i) On completion of 20 years service

qualifying for pension; forced or compulsory

retirement, if the work & conduct till them notfound satisfactory & further retention inservice not in the public interest. For thisaction, show cause notice & p.h. will benecessary.

if no order is made under (i) above, then oncompletion of 60th years of age;

voluntary retirement on completion of 25yearsservice qualifying for pension;

compulsory retirement as a result ofdisciplinary action, any time, at any stage;

retirement on medical in validation;


38/40

34. Re-employment after retirement

Only if necessary and in the public interest;

With the approval of the authority next abovethe appointing authority of the post from whichretined;

Within the period of the Leave Preparatory toRetirement (LPR, which can be up to 1 year)and within 2 years after retirement, privateemployment will be with the govt.s permission

and thereafter no need of such permission.


39/40

35. Right of Appeal or Representation As per the relevant & specific law & the rules If no provision in the specific law or rules, then

within 30 days of the order of grievance, beforethe next higher authority

No representation in the matters relating toholding of a particular post or to be promoted to

a higher post or grade; President to have power to deal with the case ofany civil servant in such manner as may appearto him to be just and equitable;

A civil servant appointed under this Act & theRules made under it shall not be dealt with inany manner less favourable to him than thatprovided by this Act or such Rules;


40/40

36. Indemnity

A civil servant will be indemnified against suit,prosecution other legal proceedings for any thing done

or intended to be done in official capacity in good faithunder the Act or the rules, instructions or directionsmade under it.

37. Jurisdiction of Courts

No jurisdiction of courts other than the ServiceTribunal concerned under the Service Tribunals Act,1973.

38. Rules

President or any person authorized by him is

empowered to make rules under this Act. Various sets ofrules for various purposes have accordingly been madesome of which have been sanctioned in the beginning ofthe presentation.

Documents

Civil Servant Act17