PUNJAB CIVIL SERVANTS (APPOINTMENT AND CONDITIONS OF SERVICE) RULES, 1974
28th August, 1974
ln exercise of the powers conferred by section 23 of the Punjab Civil Servants Act, 1974, the Government of the Punjab is pleased to make the following rules, namely :–
PART I
GENERAL
1. These rules may be called the Civil Servants (Appointment and Conditions of Service) Rules, 1974.
(2) They shall come into force at once.
(3) They .shall apply to all civil servants.
2. Definitions. In these rules, unless the context otherwise requires the following expressions shall have the meanings hereby respectively assigned to them, that is to say :
(a) “All Pakistan Unified Grades” has the same meaning as in All Pakistan Services (Change in Nomenclature) Rules, 1973;
(b) “Appointing Authority,” in relation to a post means the person authorised under rule ft to make appointment to the post;
(c) “autonomous or semi-autonomous organization” means an organization set up under a law by a Government as a unit separate from the formal departmental organization;
(d) “Board” means a Selection Board and includes a Provincial Selection Board;
(e) “Commission” means the Punjab Public Service Commission;
(f) “Committee” means a Departmental Promotion Committee, a Departmental Selection Committee or a Recruitment Advisory Committee;
(g) “Department” has the same meaning as in the Punjab Government Rules of Business, 1974;
(h) “Functional Unit” means a group of posts or a part of such group sanctioned as a separate unit in or under a Department;
(i) “Grade” has the same meaning as in the Punjab Civil Servants (Changes in Nomenclature of Services and Abolition of Classes) Rules, 1974, and
(j) “Post” means a post in connection with the affairs of the Province,
(2) words and expressions used but not defined shall hear the same meanings as they hear in the Punjab Civil Servants Act, 1974.
3.(1) Appointment to posts shall he made by Promotion, transfer or initial recruitment, as may he prescribed by the Government in relation to the posts in grade from time to time.
(2) Appointments by promotion or transfer shall he made in accordance with Part II and by initial recruitment in accordance with the Part III of these rules.
(3) The appointment shall he made from among such persons possessing such qualifications and fulfilling such other conditions as may he prescribed by the Government from time to time.
4.(1) In each Department or Office of the Government, there shall he one or more Departmental Promotion Committees and Departmental Selection Committees. [Provided that there shall he one Recruitment Advisory Committee at district level for all departments].
(2) There shall he Provincial Selection Board and such other Selection Board as may he considered by Government from time to time.
(3) Each such Committee or Board shall consist of at least three members one of whom shall he appointed as Chairman: [Provided that the Recruitment Advisory Committee shall he constituted as may he notified by the Government from time to time.
(4) The composition of such Committees and Boards and the procedure to he observed by such Committees and Boards shall he determined by Government.
(5) The appointment authority or its representative shall he ex-officio member of the Board making selection.
(6) A departmental Promotion Committee shall make selection for appointment by promotion or transfer to posts in or under a Department or Office for which it is constituted in Grade-17 and below.
(7) A Departmental Selection Committee shall make selection for appointment by initial recruitment to posts in or under a Department or office for which it is constituted in Grade-15 and below. [Recruitment Advisory Committee shall make recommendations for appointment by initial recruitment so all posts in BS-1 to BS-6 in the district cadres of all departments. Recommendations of the Recruitment Advisory Committee shall be of advisory nature and the respective appointing authorities may issue appointment orders as per recommendations of these committees].
(8) The Provincial Selection Board shall make selection for appointment
(i) by promotion and transfer to posts in Grade IS and above; and
(ii) by initial recruitment to such posts in Grade 16 and above as may he specified to he tilled without reference to the Commission under rule 5 of the Punjab Public Service Commission (Functions) Rules, 1978.” and
(9) The Government, in relation to various posts for which a Committee and a Board have concurrent Jurisdiction, shall, by general or special order, specify the post for which selection will he made by a Committee or . Board.
5. Where an appointing authority other than the Chief Minister does not accept the recommendation of a Committee or a Board, it shall record reasons thereof” and obtain orders of next higher authority and art accordingly.
6. Notwithstanding anything to the contrary contained in any service Rules, the Authorities competent to make appointment to various posts shall be as follows:-
Posts Appointing Authority
(i) BPS 19 and above Chief Minister.
(ii) BPS 18 Chief Minister for posts included in Schedule IV of Punjab Government Rules of Business. 1974 and the Administrative Secretaries concerned in other cases.
(iii) BPS 16 and 17 Administrative Secretaries concerned.
(iv) BPS 1-15 Respective authorities exercising, such powers immediately before the commencement of these rules or such authorities as may hereafter he empowered.
7.– (1) A person appointed to a post in a grade against a substantive vacancy shall remain on probation for a period of two years, if appointed by initial recruitment, and for a period of one year, if appointed otherwise ; provided that the appointing authority may extend the period of probation by a further period not exceeding two years in all.
Explanation.- Officiating service and service spent on depuration to a corresponding or a higher post may he allowed to count towards the period of probation.
(2) No person shall he confirmed in a post unless he has successfully completed such training and passed such Departmental Examination as may be prescribed.
(3) If no orders have been made by the day following the completion of the initial probationary period, the period of probation shall he deemed to have been extended.
(4) Subject to the provisions of sub-rule (2) above, if no orders have been made by the day on which the maximum period of probation expires, the probation shall he deemed to have been confirmed in his appointment from the date on which the period of probation was last extended, or may he deemed to have been so extended.
(5) A probationer, who has satisfactorily completed his period of probation against a substantive vacancy, shall he confirmed with effect from the date of his continuous appointment in such a vacancy : Provided that where the period of his probation has been extended under the provisions of sub-rule (1) of this rule, the date of confirmation shall, subject to the other provisions of this rule. he the date on which the period of his probation was last extended.
8. The seniority inter se of persons appointed to posts in the same grade in a Functional Unit shall he determined :
(1) (a) In the case of person appointed by initial recruitment, in accordance with the order of merit, assigned by the selection authority provided that persons selected for appointment to the grade in an earlier selection shall rank senior to the persons selected in a later selection and (b) in the case of persons appointed otherwise, with reference to the dates of their continuous appointment in the grade : provided that if the date of continuous appointment in the case of two or more persons appointed to the grade is the same, the older if not junior to the younger in the next below grade, shall rank senior to the younger person.
Explanation I.-If a person junior in a lower grade is promoted to higher grade on ad hoc basis, in the public interest, even though continuing later permanently in the higher grade, it would not adversely affect the interest of his seniors in the fixation of his seniority in the higher grade,
Explanation II.-If a person junior in a lower grade is promoted to higher grade by superseding his senior and subsequently the latter is also promoted, the promoted, first shall rank senior to the one promoted subsequently.
Explanation III.- (1) Subject to the provisions of rule 14 of these Rules, a junior appointed to a higher grade shall he deemed to have superseded his senior only if both the junior and the senior were considered for the higher grade and the junior was appointed in preference to the senior.
(2) the seniority, of the persons appointed by initial recruitment to the grade vis-a-vis those appointed otherwise shall he determined with reference to the date of continuous appointment to the grade; provided that if two dates are the same, the person appointed otherwise shall r ink senior to the person appointed by initial recruitment ; provided further that inter se seniority of persons belonging to same category will not he altered.
Explanation-In case a group of persons is selected for initial appointment at one time, the earliest date on which any one out of group joined the service will he deemed to be the date of appointment of all persons in the group. Similarly in case a group of persons is appointed otherwise at one time in the same office order the earliest date on which any one out of the group joined the service will he deemed to he the date of appointment of all persons in the group. And the persons in each group will he placed with reference to the continuous date of appointment as a group in order of their inter se seniority.
(3) Notwithstanding the provisions of this rule. the seniority lists already prepared in accordance with the rules applicable immediately before the commencement of these rules shall be construed as seniority lists for the respective new grades in respect of persons already in service and amendments therein shall continue to he made in accordance with those rules to settle inter se seniority disputes among them.
PART I1
APPOINTMENTS BY PROMOTION, TRANSFER OR DEPUTATION
9. (1) Appointments by promotion or transfer to posts in various grades snail he made on the recommendations of the appropriate Committee of Board.
(2) Promotion including pro forma promotion shall not be claimed as of right by any civil servant.
10. Only such persons as possess the qualification and meet the conditions laid down for the purpose of promotion or transfer to a post shall be considered by Selection Authority.
10-A. Appointment on current charge basis. (1) Appointment on action charge basis may he made in the manner hereinafter prescribed.
(2) Where the appointing authority considers it to he in the public interest to fill a post reserved under the rules for departmental promotion and the most senior civil servant belonging to the cadre or service concerned who is otherwise eligible for promotion does not possess the specified length of service the authority may appoint him to that post on acting charge basis.
(3) Where the appointing authority is satisfied on report of the selecting authority that no suitable officer is available to fill a post in Grade-17 and above reserved under the rules to be filled by initial recruitment and it is expedient not to allow the post to remain unfilled it may appoint to that post on acting charge basis the most senior officer eligible for promotion to that post.
(4) No appointment on acting charge basis shall be made against a post which is likely to remain vacant for a period of less than six months.
(5) No appointment on acting charge basis shall be made without the recommendations of the Departmental Promotion Committee or the Provincial Selection Board as the case may be but such appointment shall not he deemed to have been made on regular basis for any purpose nor shall confer any right for regular appointment.
10-B. Appointment on acting charge basis. -(1) Where a post is likely to remain vacant for a period of less than six months and the appointing authority does not consider it expedient to make an appointment on ad hoc basis it may appoint any civil servant to that post on current charge basis.
(2) An appointment made on current charge basis shall come to an end on appointment of a person on regular basis or on the expiry of six months whichever is earlier.
11. Appointments by transfer may be made:–
(i) from one functional unit to another functional unit if the person holds an appointment on a regular basis in the same grade as that of the post to which appointment is proposed to he made ; or
(ii) from amongst persons holding appointments in Federal Government and other Provinces of Pakistan if the person fulfills conditions of appointment to the post to which he is transferred and satisfies such other conditions as may be laid down by the Government in this respect :
Provided that persons holding posts in All-Pakistan Unified Grades may he appointed by transfer to a certain number of posts as may be determined from time to time.
12. Until the rules laying down the qualification and other conditions for the purposes of promotion are made, no person shall be promoted to ;i post in higher grade on regular basis unless he has passed such test as may be specified by the appointing authority to be conducted by the selection authority :
Provided that the Government may dispense with the requirement of passing the test in relation to such posts as may be specified.
13. (1) No person shall be promoted on ad-hoc basis unless he possesses the qualifications for the post and his appointment as such is approved by the Chairman of the appropriate selection authority.
(2) An ad hoc promotion shall terminate on the expiry of six months from the date of promotion or on the date regular promotion is ordered, whichever is earlier.
14. (1) All persons holding posts in a functional unit in the same grade who possess the minimum qualifications and experience prescribed for promotion shall be eligible to compete for promotion and take part in the test to be held for the purpose.
(2) A person who fails in the test and is not promoted on the basis of competitive merit, shall be deemed to have been superseded by his juniors who are promoted provided the inter se seniority of the officers thus promoted shall be maintained on promotion :
Provided that a person, who was not able to take part in the test due to reasons beyond his control, may be permitted in writing one more chance by the appointed authority and if so allowed, shall retain his inter se seniority on promotion if he does not fail in a special test, which may he held for the purpose, or the next regular test, following the previous test in which lie did not appear. In any other case a person not appearing in the test shall he deemed to have failed in the test and has been superseded.
15. (1) A person in the service of an Autonomous Organization who possesses minimum educational qualifications, experience, or comparable length of service prescribed for the post shall he eligible for appointment to the said post on deputation for a period not exceeding 3 years at a time, on such terms and conditions as may be sanctioned by the Government in consultation with the lending Organization.
(2) Subject to any rules or orders on the subject issued by the Government, a civil servant who fulfills the conditions and is considered suitable may he sent on deputation to an Autonomous or Semi-Autonomous Organization, established by law, on such terms and conditions as may he decided by the appointing authority in consultation with the borrowing organization :
Provided that leave and pension contributions shall invariably he made by the borrowing organization.
PART III
INITIAL APPOINTMENT
16. Initial appointment to the posts in Grades-16 and above, except those which under the Punjab Public Service Commission (Function) Rules, [1978] do not fall within the purview of the Commission or which are specified to he tilled without reference to the Commission, shall be made on the basis of examination or test conducted by the Commission.
17. Initial appointment to all posts in grades 1 and above except those filled under rule 16, shall be made on the basis of examination or test to he held by the appropriate Committee or the Board, as the case may he. after advertisement of the vacancies in newspapers, or in the manner to be determined by the Government.
17-A. Notwithstanding anything contained in any rule to the contrary, whenever a Civil Servant dies while in service any one of his unemployed children may he employed by the Appointing Authority against a post to he filled under rules 6 and 17 for which he possesses the prescribed qualifications and experience and such child may he given 10 additional marks in the aggregate by the Public Service Commission or by the appropriate Selection Board or Committee, provided he otherwise qualifies in the test, examination and/or interview],
18. A candidate for initial appointment to a post must possess the prescribed educational qualifications and experience and also, except as provided in the rules framed for the purpose of relaxation of age limit, must be within the age limit as laid down for the post : provided that experience, where prescribed, would include equivalent experience, to he determined by the Government in a profession or in the service of an Autonomous or Semi-Autonomous Organization or a Private Organization.
19. No person shall be appointed to a post unless he is a citizen of Pakistan, provided that this restriction may he relaxed by Government in suitable cases.
20. Vacancies in posts shall he filled from persons domiciled in the Province of the Punjab in accordance with merit ; provided that for a period not exceeding 10 years from the commencing day of Constitution of the Islamic Republic of Pakistan, such posts may he reserved for persons domiciled in such areas as may he specified.
21. A candidate for appointment must he in good mental and bodily health and free from any physical defect likely to interfere with the discharge of his duties. A candidate who after such medical examination as Government may prescribe is found not to satisfy these requirements shall not he appointed.
PART IV
AD HOC APPOINTMENTS
22. (1) When a post is required to he filled, the appointing authority shall forward a requisition to the selection authority immediately after decision is taken to fill the post.
(2) After forwarding a requisition to the selection authority, the appointing authority may, if it considers necessary in the public interest, fill the post on ad hoc basis for the period not exceeding six months pending nomination of a candidate by the selection authority :
Provided
(1) the vacancy is advertised properly in the newspapers;
(2) the appointment is made of a person duly qualified in accordance with the provision of the rules and orders applicable to the post ;
(3) the selection is made on the basis of the merit determined by objective criteria ;
(4) the appointment order certifies that a requisition has been sent to the selection authority, and
(5) the appointment is made subject to revocation at any time by the competent authority:
Provided further that ad hoc appointment shall not confer any right on the persons so appointed in the matter of regular appointment to the same post nor the service will count towards seniority in the grade.
(3) Governor may, for special reasons relax any of these conditions in any individual case.
23. The Chief Minister may, for special reasons to he recorded in writing relax any of the rules in any individual case of hardship, to the extent prescribed by him.
