PUNJAB CIVIL SERVANTS (APPOINTMENT AND CONDITIONS OF
SERVICE) RULES, 1974:
1) APPOINTMENT BY PROMOTION, TRANSFER, OR or
DEPUTATION:
PROMOTION OR TRANSFER: Appointments to posts in various
grades are made based on the recommendations of the appropriate
Committee or Board. Only eligible candidates who meet the
prescribed qualifications and conditions will be considered.
TRANSFER: If allowed in the service rules, transfers may occur
between functional units. The individual should hold a regular
appointment in the same scale and rank as the post being
transferred to and meet the qualifications for initial recruitment.
DEPUTATION: A person from the Federal Government, other
provinces, or other specified areas (e.g., Gilgit-Baltistan) can be
transferred to a post if they meet the required qualifications and
conditions.
2) APPOINTMENT ON ACTING-CHARGE BASIS:
ELIGIBILITY: The appointing authority can appoint the most senior
civil servant who possesses 75% of the prescribed service length
and/or experience for the post.
VACANCY: If a post in grade 17 or above is likely to remain unfilled
for less than six months, it may be filled temporarily on acting-
charge basis.
LIMITATIONS: Acting-charge appointments cannot be considered
as regular appointments and don't confer permanent rights to the
individual.
Approval: Recommendations must come from the Departmental
Promotion Committee or Provincial Selection Board.
3)APPOINTMENT ON CURRENT-CHARGE BASIS:
ELIGIBILITY: If a post is vacant for less than a year, the most senior
eligible civil servant may be appointed on current-charge basis.
DURATION: The appointment ends when the post is filled regularly
or after one year, whichever is earlier.
4) APPOINTMENT ON OFFICIATING BASIS:
CONDITIONS: When a post becomes vacant due to deputation,
leave, suspension, or other reasons, the appointing authority can
promote a civil servant on an officiating basis.
APPROVAL: The promotion must meet qualifications and
experience requirements and be approved by the selection
authority.
NO ENTITLEMENT: Officiating appointments don’t guarantee
permanent promotion, and the appointment can be terminated
once a regular promotion is made.
5) APPOINTMENT UNDER RULE 17-A:
SPECIAL PROVISION: If a civil servant dies or becomes
incapacitated, their unemployed child or spouse may be appointed
to a post for which they qualify.
RELAXATION: The child/spouse may receive 10 additional marks in
competitive exams for posts in BS-6 and above. For posts in BS-1 to
BS-5 (or Junior Clerk posts), the appointment can be made without
formal selection procedures if the individual is eligible.
6) INITIAL APPOINTMENT :
BY EXAMINATION/TESTS: Initial appointments to posts in grades 16
and above (and some in grades 11-15) are made through a
competitive examination or test conducted by the Punjab Public
Service Commission or other relevant boards/committees.
Recruitment for BS-1 to BS-5: These posts are filled based on an
advertisement and selection by the relevant authority.
7) DEPUTATION:
ELIGIBILITY: Civil servants from autonomous bodies, the Federal
Government, or other provinces can be appointed on deputation to
posts in Punjab if they meet the qualifications and conditions.
DEPUTATION PERIOD: The deputation period should not exceed
three years, and the government can decide on terms and
conditions in consultation with the lending agency.
PENSION CONTRIBUTIONS: The borrowing organization must make
pension contributions for the deputed civil servant.
8) AD-HOC APPOINTMENTS:
FILLING VACANCIES: If a post needs to be filled urgently, the
appointing authority may make an ad-hoc appointment for up to one
year while the formal selection process is completed.
CONDITIONS: The vacancy must be advertised, the appointee must
meet qualification requirements, and selection must be based on
merit.
NON-ENTITLMENT: Ad-hoc appointments do not guarantee regular
promotion and do not count toward seniority.
9)RELAXATION OF RULES:
SPECIAL CIRCUMSTANCES: The Chief Minister has the authority to
relax any of the rules in individual cases, especially in cases of
hardship, with proper justification.
PUNJAB SERVICE TRIBUNAL ACT;1974
1) ESTABLISHMENT OF SERVICE TRIBUNALS:
1)GOVERNORS AUTHORITY:
The Governor can establish one or more Service Tribunals by issuing
a notification in the official Gazette.
If multiple Tribunals are created, the Governor will specify in the
notification the classes of civil servants or the types of cases each
Tribunal will handle.
2)JURISDICTION OF TRIBUNALS:
Tribunals have exclusive authority over matters related to the terms
and conditions of civil servants, including disciplinary issues.
3)COMPOSITION OF TRIBUNALS:
A Tribunal must consist of:
CHAIRMAN: A person qualified to be a High Court judge.
TWO MEMBERS: Persons with qualifications prescribed by rules.
APPOINTMENT OF TRIBUNAL MEMBERS:
The Governor appoints the Chairman and members on terms he
determines.
4) RESIGNATION:
The Chairman or members can resign by submitting a written
resignation to the Governor.
5) RESTRICTIONS ON HOLDING OTHER OFFICES:
The Chairman or members cannot hold any other office of profit
within Pakistan if their remuneration is increased.
6) SPECIAL TRIBUNALS:
In some cases, a Tribunal may consist of one or more persons from
the service of Pakistan, as appointed by the Governor.
2) CONSTITUTION OF BENCHES:
1) CHAIRMAN'S AUTHORITY:
The Chairman may form a Bench consisting of:
*The Chairman alone,
*A single member,
*Two members without the Chairman, or
*The Chairman and one member.
*A Bench formed in this way is considered a Tribunal.
2) UNANIMOUS DECISIONS:
If a Bench cannot reach a unanimous decision, the matter is
referred to the full Tribunal.
If the Chairman or a member of the Bench cannot participate in the
hearing, the decision is based on the majority opinion, or the senior
member’s opinion if necessary.
3) CHAIRMAN'S POWER TO TRANSFER CASES:
The Chairman can transfer an appeal from one Tribunal to another
or withdraw it from a Bench at any point during the hearing.
3) APPEALS TO THE TRIBUNAL:
1) RIGHT TO APPEAL:
A civil servant dissatisfied with any final order regarding their service
terms can appeal to the Tribunal within 30 days of being notified, or
within 6 months of the Tribunal being established (whichever is
later).
However, certain conditions apply:
1) PRE-REQUISITE APPEAL: If an appeal, review, or representation
is available to the departmental authority under the Punjab Civil
Servants Act, 1974, the civil servant must exhaust this option first,
and wait 90 days after filing.
2) EXCLUSIONS:
*No appeal can be made against a decision regarding a person’s
eligibility for a post or promotion.
*No appeal can be made for decisions made before July 1, 1969.
2) APPEALS FOR PUNISHMENTS:
1) SERIOUS PUNISHMENTS (Dismissal, Removal, etc.): Appeal
must be made to the Tribunal specified in Section 3(3).
2)OTHER PUNISHMENTS:
Appeal goes to a Tribunal referred to in Section 3(7), or if not
established, to a Tribunal under Section 3(3).
4) POWERS OF TRIBUNALS:
1) TRIBUNALS POWER TO MODIFY ORDERS:
A Tribunal can confirm, set aside, vary, or modify any order it hears
on appeal.
2) TRIBUNALS POWERS SIMILAR TO CIVIL COURTS:
For deciding appeals, Tribunals are treated as civil courts and can:
*Enforce attendance of individuals and examine them under oath.
*Compel the production of documents.
*Issue commissions to examine witnesses or documents.
3) EXEMPTION FROM COURT FEES:
No court fees are required for appeals or any documents filed in the
Tribunal.
5) LIMITATION ACT APPLICABILITY:
1) APPLICATION OF LIMITATION ACT, 1908:
The provisions of Sections 5 and 12 of the Limitation Act, 1908,
apply to appeals under this Act, meaning the timelines for appeals
can be extended under special circumstances.
6) REPEAL OF PREVIOUS ORDINANCE:
1) REPEAL OF PUNJAB CIVIL SERVICE (APPELLATE TRIBUNALS)
ORDINANCE, 1970:
The Punjab Civil Services (Appellate Tribunals) Ordinance, 1970, is
repealed.
2) TRANSFER OF PENDING CASES:
All cases pending before Tribunals under the 1970 Ordinance will be
transferred to the new Tribunals established under this Act, as
directed by the Government.
PUNJAB CIVIL SERVANT ACT;1974
TERMS AND CONDITIONS OF SERVICE OF CIVIL SERVANTS:
3) TERMS AND CONDITIONS:
Shall be as provided in this Act and the rules.
4) APPOINTMENTS:
Shall be made in the prescribed manner by the Governor or by a
person authorized by him in that behalf.
5) PROBATION:
Satisfactory completion of probation includes:-
1)passing of a prescribed examination, test or course; or
2) successful completion of any training,
3) before the expiry of the original or extended period of probation, if
a civil servant failed except as may be prescribed otherwise:-
a) Be discharged if appointed through initial recruitment; or
b) Be reverted to the service or post if appointed through promotion
or transfer, or, if there be no such service or post, be discharged.
6) CONFIRMATION:
On satisfactory completion of probation:-
1)No confirmation against any temporary post.
2)Retirement is not a bar to confirmation of a civil servant who was
eligible for confirmation before retirement but was not confirmed.
3)Confirmation with effect from the date of occurrence of a
permanent vacancy or from the date of continuous officiation,
whichever is later.
7) SENIORITY:
(1) on initial appointment is determined in a prescribed manner.
(2) on promotion from the date of regular appointment and retained
inter se seniority as in the lower post.
(3) for proper administration of (service or cadre) the appointing
authority shall from time to time cause a seni of such (service or
cadre) to be prepared.
(4) in relation to other civil servants belonging to cadre), whether
serving in the same department or office or not, shall be determined
in such manner as may be prescribed.
8) PROMOTION:
(1) in the prescribed manner and of persons having prescribed
qualifications.
(2) not be claimed as of right.
(3) with immediate effect and is actualized from the date of
assumption of charge, and not granted from the date of availability
of post.
(4) not from an earlier date except in the case of proforma
promotion.
(5) a retired civil servant shall not be eligible for grant of promotion;
provided that he may be considered for grant of proforma promotion
as may be prescribed.
(6) a) selection post (selection on merit),
b) non-selection post (seniority-cum-fitness).
9) POSTING AND TRANSFERS:
Every civil servant shall be liable to serve anywhere within or outside
the province in any post under the
a) Government of the Punjab
b) Federal Government
c) Any Provincial Government
d) A local authority
e) A corporation or a body set up or established by any such
Government: Provided that terms and conditions of service as to pay
shall not be less favourable than those of actual entitlement.
10) TERMINATION OF SERVICE:
(1) may be terminated without notice: -
i) during the initial or extended period of probation:
Provided that appointment by promotion, not terminated so long as
the civil servant holds a lien against his former post, (service) or
cadre, and he shall be reverted to his former (service), or;
ii) ad hoc appointment liable to termination on the appointment of a
person on the recommendation of the selection authority, on the
appointment of such person.
(2) on abolishment or reduction of posts the services of the most
junior person shall be terminated.
(3) temporary employment or appointment on ad hoc basis shall be
liable to termination on thirty days notice or pay in lieu thereof.
11) REVERSION TO A LOWER (POST)
A civil servant appointed to a higher post or (before the
commencement of the Punjab Civil Servants (Amendment)
Ordinance, 1984) on ad hoc or officiating basis, shall be liable to
reversion to his lower post without notice.
11-A) CERTAIN PERSON'S TO BE LIABLE TO REMOVAL OR
REVERSION:
A civil servant appointed or promoted during the period from the first
day of January, 1972 to the 5th day of July, 1977, may be removed
from service or reverted to his lower post without notice.
12) RETIREMENT FROM SERVICE:-
(1) CIVIL SERVANT SHALL RETIRE FROM SERVICE.....
i) after completion of twenty years of service qualifying for pension
or other retirement benefits as the competent authority may, in
public interest, direct; or
ii) on the completion of the sixtieth year of his age.
(2) No direction under clause (i) of sub-section (1) shall be made
until the Civil Servant has been informed in writing of the grounds
and has been given a reasonable opportunity of showing cause.
EXPLANATION: In this section "competent authority" means the
appointing authority prescribed in rule 6 of the Punjab Civil Servants
(Appointment and conditions of Service) Rules, 1974.
13) EMPLOYMENT AFTER RETIREMENT:
(1) Not to be re-employed under the Government unless such re-
employment is necessary in the public interest.
(2) Subject to the provisions of sub-section (i) of Section 3 of the Ex-
Government Servants (Employment with the Foreign Governments)
(Prohibition) Act, 1966, a civil servant may, during LPR subject to
NOC from the prescribed authority, or after retirement from
Government service, seek any private employment:
14) CONDUCT:
shall be regulated by rules made by Government or a prescribed
authority.
15) EFFICIENCY AND DISCIPLINE:
A civil servant shall be liable to such disciplinary action and
penalties as may be prescribed.
16) PAY:
Entitlement in accordance with the rules, sanctioned for the post:
Provided that, when the appointment is made on a (current charge
or acting charge basis in the manner prescribed) or by way of
additional charge, pay shall be fixed in the prescribed manner:
Provided further that where a civil servant has been dismissed or
removed from service or reduced in rank, he shall, in the event of the
order of dismissal, removal from service or reduction in rank being
set aside, be entitled to such arrears of pay as the authority setting
aside the order may determine.
18) PENSION & GRATUITY:
(1) On retirement from service, a civil servant shall be entitled to
receive such pension or gratuity as may be prescribed.
(2) In the event of death of a civil servant, whether before or after
retirement, his family shall be entitled to receive such pension, or
gratuity, or both, as may be prescribed.
(3) No pension shall be admissible to a civil servant who is
dismissed or removed from service for reasons of discipline but
Government may sanction compassionate allowance to such a
servant, not exceeding two-thirds of the pension or gratuity.
(4) If pension or gratuity admissible to a civil servant is delayed
beyond one month of the date of his retirement or death, such
provisional anticipatory pension or gratuity as may be determined by
the prescribed authority.
21) RIGHT OF APPEAL OR REPRESENTATION:
(1) Right of an appeal or review against the orders relating to the
terms and conditions of the service is allowed within sixty days of
the communication of such order.
(2) Where no provision for appeal or review exists in the rules against
any order representation may be made within sixty days of the
communication of such order to the authority next above the
authority which made the order.
Provided that no representation shall lie on matters relating to the
determination of fitness of a person to hold a particular post or to be
promoted to a higher post.
What is "Ombudsman"? Highlight the importance of the said
office.
1)MEANING OF OMBUDSMAN:
Ombudsman means;
"An attorney or a delegate, agent, officer or commissioner.
2) DEFINITION OF OMBUDSMAN:
"An officer of Parliament, having as his primary functions, the duty of
acting as an agent for Parliament, for the purpose of safeguarding
citizens against abuse or misuse of administrative power by the
executive".
3)OMBUDSMAN (WAFAQI-MOHTASIB) IN PAKISTAN:
(1) ESTABLISHMENT OF OFFICE:
The office of Ombudsman (Wafaqi Mohtasib) was established by
President General Zia-ul-Haq through President's Order I of 1983
which is now a part of the Constitution of Pakistan. It started
functioning on 8 August 1983. The Ombudsman has headquarters in
Islamabad and Regional Offices in Lahore, Sukkur, Quetta,
Faisalabad, Multan, Dera Ismail Khan, Peshawar and Karachi.
4)APPOINTMENT & TENURE OF OFFICE:
The Ombudsman is, appointed by the President of Pakistan for a
period of four years and is not eligible for extension of tenure or for
re-appointment as Mohtasib under any circumstances.
5)REMOVAL FROM OFFICE:
The Ombudsman can be removed from the office on the ground of
misconduct or incapability of performance of duties of his office by
reason of physical or mental incapacity.
6)ROLE OF OMBUDSMAN (MOHTASIB) AT FEDERAL LEVEL:
As an institution of providing instant relief to the persons aggrieved,
this institution plays a neutral role at federal level without accepting
any external pressure and disposes of thousands of complaints in
every year.
7)OMBUDSMEN (PROVINCIAL MOHTASIB) IN PAKISTAN:
ESTABLISHMENT OF OFFICE AT PROVINCIAL LEVEL:
(i) Establishment of Office in Province of Punjab:
The office of ombudsman (Provincial Mohtasib) in Punjab was
established by Bill 1997, having been passed by Provincial Assembly
of the Punjab on June 25, 1997 and assented to by the Governor of
the Punjab on June 25, 1997.
8)IMPORTANCE OF THE OMBUDSMAN INSTITUTION OR OFFICE;
1) ROLE IN REDRESSING COMPLAINTS:
1)The Ombudsman institution provides a platform for addressing
complaints at the first instance.
2)Before its establishment, complainants had to approach courts for
justice, which was a lengthy process.
3)The Ombudsman allows for quicker relief, facilitating immediate
redress of grievances.
2) EFFECT ON OFFICER AND FUNCTIONARY CONDUCT:
1)The presence of the Ombudsman ensures that officers and
functionaries of any agency are more careful in their actions and
decisions.
2)The knowledge of possible accountability to the Ombudsman
discourages unjust treatment and promotes fairness.
3) ACCOUNTABILITY OF OFFICERS AND FUNCTIONARIES:
1)The institution holds officers and functionaries answerable for any
unjust actions they take.
2)This encourages them to act in a manner that minimizes the risk of
causing injustice, knowing they must justify their decisions to the
Ombudsman.
