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CIVIL SERVANTS (CONFIRMATION) RULES ,1993

SRO.285(I)/93.-In exercise of powers conferred by Section 25 of the Civil Servants

Act,1973 (LXXI of 1973), the President is pleased to make the following rules namely:­

I. Short title, Commencement and application-(1) These rules may be called the Civil Servants(Confirmation) Rules, 1993.

(2) They shall come into force at once.

(3) They shall apply to all civil servants.

 

2.         Definitions.- In these Rules, unless there is anything repugnant in the subject or contexts:­

(a)      “Foreign Service” means service in which a civil servant receives his pay with the sanction of Government from source other than the Federal Consolidated Fund; and

(b)      “Lien” means the title of a civil servant to hold substantively a post on which he has been confirmed.

 

3.         General Principles of Confirmation.-(1) A Civil Servant initially appointed to a

post, on probation including a civil servant promoted or appointed to a post on transfer,

shall on satisfactory completion of his probation be eligible for confirmation in that post:

Provided that the confirmation shall be made only against a permanent post.

Provided further that two or more civil servants shall not be confirmed in the same post and at the same time or in a post on which another civil servant holds a lien:  

Provided also that a civil servant shall not be confirmed on two or more posts at the same time.

(2) A civil servant shall be considered for confirmation strictly in order of his seniority.

(3) No confirmation shall be made against the post vacated on dismissal, removal or compulsory retirement of a civil servant until his appeal against such dismissal or, as the case may be, removal or retirement is finally decided.

 

4.  The confirmation shall be made on the recommendations of the Confirmation

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­Committees constituted for the purpose and with the approval of authorities specified below:­

Posts

Compositio

n of

 the Committees

Confirming Authorities

Remarks

 1

 

2

 

 3

 4

Posts

Secretary

of

the Administrative

 

 

 

in BS-20 and above

Ministry or an authority controlling the Service Cadre / post as Chairman, Additional Secretary or a Joint Secretary where there is no Additional Secretary in the Ministry concerned and Additional Secretary Establishment Division as Members. If posts are in an Attached Department or Subordinate Office, the Head of the Attached Department or Head of Office who controls the particular Service/Cadre/ Post may be appointed as Co-opted  Member.

PRIME MINISTER

 

Posts in BS-17 to BS-19

Additional Secretary or Joint Secretary where there is no Additional Secretary in the Administrative Ministry controlling the service/cadre/post as Chairman, and a Joint Secretary and a Senior Deputy Secretary of the Ministry concerned as Members. If posts are in an Attached Department or a Sub-ordinate Office, the Head of Attached Department or Head of Office who controls the particular service/cadre/post may be appointed as Co-opted Member. 

Secretary of the Administrative Ministry/Division who controls the particular service/ cadre/ post.

 

Posts

Composition of the Committees

Confirming Authorities

Remarks

 

FOR POSTS IN
BS-3 TO  BS-16

 

Posts in

An Officer holding the post in BS-20

Secretary of the

The Administrative

BS-11 to

as Chairman and two Officers holding

Ministry / Division

Ministry will

BS-16

the posts in BS-19 as Members.

concerned or Head

constitute separate

 

 

 of Department pro-

committees for

Posts in

* An Officer in BS-19 as Chairman

vided he is holding

posts in the

BS-10

and two Officers in BS-18 as

the post in BS-20 or

Ministries/Divisions

and

Members.

above.

and Attached

below

 

 

Departments/

 

 

 

Subordinate Office.

 

Posts in BS-1 to BS-2

Deputy Secretary of the Ministry/Division concerned or Head of Department or Head of Office provided holding the post in BS-19 or above.

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Provided that in case no post of Joint Secretary or Deputy Secretary exists or the number of such officers is less than the required number in the administrative Ministry or Division for constitution of the Confirmation Committee , other officers of BPS-20 and BPS 19 in the concerned Ministry or Division may be included in the Committee:

Provided further that in case there is no post in BPS-20 and BPS-19,officer of one- step  below status in the concerned Ministry of Division may be included in the Confirmation Committee with the approval of Establishment Division.

5.    Acquiring of lien.-(I) On confirmation in a permanent post, a civil servant shall acquire a lien in that post and shall retain it during the period when he:

(a)

holds a temporary post other than

a post in a

service or cadre against

 

which he was originally appointed;

 

 

 

(b)

holds

a

post on

deputation 

with

a

 

foreign

government, an

 

international

organization, a multinational

 

corporation or any other

 

organization outside Pakistan;

 

 

 

(c)

holds a post in Foreign Service in Pakistan;

 

 

 

(d)

is on leave;

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(e) is called for duty in the Armed Forces as reservist of Armed Forces of Pakistan;

(f) Is under suspension; and

(g) is on joining time on transfer to an other post.

 

(2)      A civil servant acquiring lien as referred in sub-rule(I), shall cease to hold lien acquired previously on any other post.

 6.   Termination of lien.-(I) The lien of a civil servant who is reduced in rank or reverted to a lower post as a consequence of action taken against him under the Government Servants (Efficiency and Discipline)Rules, 1973, shall be terminated against the post from which he is reduced in rank or, as the case may be , reverted to a lower post:

Provided that such civil servant shall acquire a lien against the lower post.

 (2)     A civil servant shall cease  to hold lien against a post if he takes up an appointment on selection in an autonomous body under the control of Federal Government, Provincial Government, local authority or private organization.

 (3)     Notwithstanding the consent of a civil servant, his  lien on a post under the Federal Government shall not be terminated until he acquires lien on any other post.

(4)      A confirmed civil servant who, of his own accord, joins some other service, post or cadre on regular basis shall have, after being selected through a regular selection process, the right of reversion to the previous post against which he shall hold lien only during the period of his probation on his new service, post or cadre.

 

7. Repeal.-All existing orders and instructions relating to confirmation of civil servants issued from time to time are hereby repealed.

Sd/­(MANZUR HUSSAIN Additional Secretary

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