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THE CIVIL SERVANT’S (APPOINTMENT, PROMOTION AND TRANSFER) RULES, 1973

THE CIVIL SERVANT’S (APPOINTMENT, PROMOTION AND TRANSFER) RULES, 1973

/ Laws of Pakistan - Library / By

THE

CIVIL SERVANT’S

(APPOINTMENT, PROMOTION AND TRANSFER)

RULES, 1973

The Civil Servants (Appointment, Promotion, and Transfer) Rules, 1973, are a significant set of regulations that govern the processes of appointment, promotion, and transfer of civil servants in Pakistan. These rules, established in 1973, provide a structured framework for the recruitment, career advancement, and transfer of government employees. In this introduction, we will delve into the historical context, key objectives, and legal significance of these rules.

 

In exercise of the powers conferred by section 25 of the Civil Servants Act, 1973 (LXXI of 1973), the President is pleased to make the following rules, namely ;

PART I

GENERAL

  1. These rules may he called the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973.
  2. In these rules, unless there in anything repugnant in the subject or context,–
  • “appointing authority,” in relation to a post means the person authorized under Rule 6 to make appointment to that post;
  • “Central Selection Board” means the Board constituted by the Federal Government for the purpose of selection for promotion or transfer to posts in [basic pay scales 19 to 21 and equivalent] and consisting of such persons” as may be appointed to it by Government from time to time ;
  • “Commission” means the Federal Public Service Commission ;
  • “Departmental Promotion Committee” means a Committee constituted for the purpose of making selection for promotion or transfer to costs under a Ministry, Division. Department or office of the Federal Government in [basic pay scales IS and below and equivalent ;
  • “Departmental Selection Committee” means a Committee constituted for the purpose of making selection for initial appointment to posts under a Ministry, Division, Department or. office of the Federal Government in [basic pay scales 15 below and equivalent;
  1. (1) Appointments to posts shall be made by any of the following methods, namely :-
  • by promotion or transfer in accordance with Part II of these rules; and
  • by initial appointment in accordance with Part III of these rules.

(2) The method of appointment and the qualifications and other conditions applicable to a post shall be as laid down by the Ministry of Division concerned in consultation with the Establishment Division.

  1. (1) In each Ministry, Division, Department or Office of the Federal Government, there shall be one or more Departmental Promotion Committees, and Departmental Selection Committees, the composition of which shall be determined by the Ministry or Division concerned in consultation with the Establishment Division.

(2)       Each such Committee shall consist of at least three members one of whom shall he appointed Chairman.

  1. Where an appointing authority for Grade 15 and below does not accept the recommendation of a Departmental Selection or Departmental Promotion Committee, it shall record reasons therefor and obtain orders of the next higher authority.
  2. The authorities competent to make appointment to the various posts shall be as follows:-

 

Posts Appointing Authority
1. Posts in basic pay scales 20 and above or equivalent i.e. posts carrying pay with the maximum of Rs. 5,240 and above. President
2. Posts in basic pay scales 17 to 19 or equivalent i.e. posts carrying pay with the maximum between Rs. 3,040 and Rs. 5,239. Establishment Secretary
3. Posts in basic pay scales 3 to 16 or equivalent i.e. posts carrying pay with the maximum between Rs. 760 and Rs. 3,039. Secretary of the Ministry /Division concerned or the Head of the Department provided he is an officer drawing pay in basic pay scale 20 or above and equivalent.
4. Posts in basic pay scales 1 and 2 or equivalent i.e. posts carrying pay with the maximum exceeding Rs. 759 Deputy Secretary or Head of the Department or Head of the Office.

 

Provided that the President may designate an officer holding a post in basic pay scale I8 or 19 and equivalent in a Ministry, Division, Department or Office to he the appointing authority for posts in basic pay scales 1 to 16 and equivalent in the Ministry, Division, Department or Office :

Provided further that the President may designate an officer of the Pakistan Army, Pakistan Navy or Pakistan Air Force, not below the rank of Major or equivalent, to be the appointing authority for civil posts in basic pay scales 1 to 16 and equivalent in the General Headquarters, the Naval Headquarters or the Air Headquarters].

PART II

APPOINTMENT BY PROMOTION AND TRANSFER

  1. Promotion and transfers to posts in [basic pay scales 2 to 18 and equivalent] shall be made on the recommendation of the appropriate Departmental Promotion Committee and promotions and transfers to posts in [basic pay scales 19 to 21 and equivalent] shall be made on the recommendations of the Central Selection Board:
  2. Only such persons as possess the qualification and meet the conditions laid down for the purpose of promotion or transfer to a post shall he considered by the Departmental Promotion Committee or the Central Selection Board, as the case may be.

8-A.        No promotion on regular basis shall be made [to posts in basic pay scales 18 to 21 and equivalent] unless the officer concerned has completed such minimum length of service as may be specified from time to time.

8-B.–       (l) Where, the appointing authority considers it to be 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.

(2)   So long as a civil servant holds the acting charge appointment, a civil servant junior to him shall not be considered for regular promotion but may be appointed on acting charge basis to a higher post.

(3)   In the case of a post in [basic pay scales 17 to 22 and equivalent] reserved under the rules to be filled by initial appointment, where the appointing authority is satisfied that no suitable officer [drawing pay in the basic pay scale] in which the post exists is available in that category to fill the post, and it is expedient to fill the post, it may appoint to that post on acting charge basis the most “senior officer otherwise eligible for promotion m the organization, cadre or service, as the case may be, in excess of the promotion quota.

(4)   Acting charge appointment shall be made against posts which are likely to fall vacant for a period of six months or more. Against vacancies occurring for less than six months, current charge appointment may be made according to the orders issued from time to time.

(5)   Appointment on acting charge basis shall be made on the recommendations of the Departmental Promotion Committee or the Central Selection Board, as the case may be, save in the case of [post in basic pay scale 22 and equivalent.

(6)   Acting charge appointment shall not amount to appointment by promotion on regular basis for any purpose including seniority.

(7)   Acting charge appointment shall not confer any vested right for regular promotion to the post  held on acting charge basis.

  1. Appointments by transfer shall be made from amongst the persons holding appointment on a regular basis in [post in the same basic pay scale or equivalent to or identical with] the post to be filled.
  2. Initial appointment to the All-Pakistan Services, the Civil Services of the Federation and posts in connection with the affairs those which, under the Federal Public Service Commission (Functions) Rules, 1978, do not tall within the purview of the Commission, shall be made on the basis of tests and examinations to be conducted by the Commission].
  3. Initial appointments to posts in [basic pay scales 1 to 15 and equivalent] shall be made on the recommendations of the Departmental Selection Committee after the vacancies in [posts in basic pay scales 3 to 15 and equivalent] have been advertised in newspapers.
  4. A candidate for initial appointment to a post must possess the educational qualifications and experience and except as provided in the rules framed for the purpose of relaxation of age limit, must he within the age limit as laid down for the post.
  5. A candidate for appointment shall be a citizen of Pakistan:

Provided that, this requirement may he relaxed with the approval of the Establishment Division:

Provided further that .in the case of candidates to he appointed on temporary basis to posts in the Pakistan Missions abroad, such relaxation shall not he accorded for a period exceeding one year at a time:

  1. Vacancies in the under mentioned posts shall he filled on All-Pakistan basis in accordance with the merit and provincial or regional quotas prescribed by Government from time to time.
  • All posts in [basic pay scales 16 and above and equivalent].
  • Posts in [basic pay scales 3 to 15 and above] in offices, which serve the whole of Pakistan.
  1. Vacancies in posts in [basic pay scales 3 to 15 and above] in offices which serve only a particular province or region shall he filled by appointment of persons domiciled in the province or region concerned.
  2. Vacancies in posts in basic pay scales 1 and 2 and equivalent shall ordinarily be filled on local basis.
  3. 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 be appointed.

 

 

PART IV

AD HOC AND TEMPORARY APPOINTMENTS

  1. When under the Federal Public Service Commission (Functions) Rules, 1973, a post is required to be filled through the Commission, the appointing authority shall upward a requisition on the prescribed form to the Commission immediately it is decided to fill the post or, if that is not practicable and the post is filled on ad hoc basis as provided in rule 19, within two months of the filling of the post.
  2. When the appointing authority considers it to be in the public interest to fill a post falling within the purview of the Commission urgently pending nomination of a candidate by the Commission, it may proceed to fill it on ad hoc basis for a period not exceeding six months. The post shall be advertised and the same procedure as laid down for initial appointment in Part III shall be followed in making ad hoc appointments.
  3. Short-term vacancies in the posts falling within the purview of the Commission and vacancies occurring as a result of creation of temporary posts for a period not exceeding six months, may be filled by the appointing authority otherwise than through the Commission on a purely temporary basis after advertising the vacancy.

 

PART V

PROBATION

  1. (1) Persons appointed by initial appointment, promotion or transfer shall be probation for a period of one year.

(2)   The period of probation may be curtailed for good and sufficient reasons, to be recorded, or, if considered necessary, it may be extended for a period not exceeding one year as may be specified at the time of appointment.

(3)   On the successful completion of probation period, the appointing authority shall, by specific order, terminate the probation.

`      (4)   If no order is issued under sub-rule (3), on the expiry of the first year of probation period, the period of probation shall be deemed to have been extended under sub-rule (2):

Provided that subject to the provisions of proviso to subsection (2) of section 6 of the Civil Servants Act, 1973, in the absence of an order under sub-rule (3), the period of probation shall, on the expiry of the extended period under sub-rule (2), be deemed to have successfully been completed

 

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