Appointment of a Civil Servant under the Civil Servant Act, 1973

Introduction:

The appointment of a Civil Servant to a Civil post is the executive function of the government. Recruitment / appointment (initial appointment) to all federal Services/posts is the entry point, which is made through federal Public Service Commissions for employees of BPS -16 and above, except which do not fall within purview of FPSC.

Meaning of Civil Servant:

According to section 2(b) of the CSA 1973, Civil Servants means.

· A person who is a member of
· An all Pakistan Service, or
· A Civil Service of the federation, or
· Who holds a Civil post in connection with the affairs of the federation.
· Including any Civil such post connected with defense,

But does not include

· A Person who is on deputation to the federation from any Province or other authority.
· A Person who is employed on contract or on work charge basis, or who is paid from Contingencies, or
· A Person who is worker or workman as defined in the factories Act 1934 or the workmen’s Compensation Act 1923.

According to Art 240 of constitution of Pakistan, "All-Pakistan Service" means a service common to the Federation and the Provinces, which was in existence immediately before the commencing day or which may be created by Act of 1 [Majlis-e-Shoora (Parliament)].

Person Authorised for The Appointments of Civil Servants:

According to Art 240 of the constitution of Pakistan 1973 ,Subject to the Constitution, the appointments to and the conditions of service of persons in the service of Pakistan shall be determined— (a) in the case of the services of the Federation, posts in connection with the affairs of the Federation and All Pakistan Services, by or under Act of 1 [Majlis-e-Shoora (Parliament)]; and (b) in the case of the services of a Province and posts in connection with the affairs of a Province, by or under Act of the Provincial Assembly. And

According to section 5 of the CSA 1973. Appointments to all Pakistan Civil Service or to a Civil Service of the federation or to a Civil post connected with the affairs of the federation including any Civil post in connected with defense, shall be made by the president or by a person authorized by the president in that behalf.

Method / Mode of Appointment of a Civil Servant:

The Civil Servants Act 1973 is substantive Law and prescribe only the authorization of the President or the person authorized by him to appoint a person against Civil Services, but the procedure for such appointment has been enumerated in Civil Servants (Appointment, Promotion, Transfer) rules 1973.

APPOINTMENT OF CIVIL SERVANT:

The appointment of a civil servant may either be by

· Initial Recruitment / Appointment, or
· Appointment by Promotion, or
· Appointment by Transfer

· Initial Recruitment / Appointment:

According to section 2 (c) of the CSA 1973, initial appointment means appointment made otherwise than by promotion or transfer.

Ø Initial Appointment Must Be on Probation:

Probation means period of testing and trial or testing a person’s conduct abilities and Qualities before he is admitted to a particular position / post.

According to section (6) of CSA 1973 read with rule 21 of the Civil Servants (Appointment, Promotion, and Transfer) Rules 1973, An initial appointment to a Service or post shall be on probation for a period of one (1) year. The period of probation may be extended for a period not exceeding one (1) year as may be specified at the time of appointment. It may be curtailed for good and sufficient reasons on successful completion of probation the appointee is confirmed on the said post and become a Civil Servant.

Ø Appointment to Posts of BPS – 16 & Above:

According to rule 10 of the Civil Servants (Appointment, Promotion, Transfer) rules 1973 read with federal Public Service Commission (functions) rules 1978.

Initial appointment to all Pakistan service the Civil Services of the federation and post connected with the affairs of the federation in Basie Pay Scale (BPS) – 16 and above equivalent except those which do not fall within purview of FPSC shall be made on the Basis of tests and Examinations to be conducted by federal Public Service Commission.

Ø Appointment to Posts of BPS – 1 to BPS – 15:

According to rule 11 of the Civil Servants (Appointment, Promotion, Transfer) rules 1973, initial appointment to posts in Basis Pay Scale (BPS) – 1 to (BPS) – 15 and equivalent shall be made on the recommendations of the Department Selection Committee (DSC) after the vacancies have been advertised in newspapers.

QUALIFICATIONS FOR APPOINTMENT:

The Civil Servants (Appointment, Promotion, Transfer) rules 1973 prescribes Qualifications for the appointment to a Civil post the method of appointment and the qualifications and other conditions applicable to a post shall be laid down by ministry or Division concerned in consultation with the establishment Division same of the Qualifications are as under.

Ø Citizenship:

Generally, a person who is a candidate for appointment shall be a citizen of Pakistan, but however this requirement may be relaxed with the approval of Establishment Division.

Ø Health:

A candidate for appointment must be in good mental and bodily health and free from any Physical defect likely to interfere with the discharge of his duties.

Ø Educational Qualification:

A candidate for appointment must possess the request Qualification prescribed for the post to which he is to be appointed.

Ø Experience:

A candidate for appointment must possess the relevant experience if required.

Ø Marital Status:

Generally, a person who has married to a foreign National shall not be appointed to a post but this condition may be relaxed by the Government in suitable cases.

Ø Age Limit:

A candidate for appointment must be within the age limits as laid down for the post. However, this candidate of age limit may be relaxed as provides in the rules framed for the purpose of relaxation of age limit.

Ø Domiciled:

A candidate for appointment must hold the domicile of the province or region to which a vacancy / post has been ear marked.

Allocation of Vacancies in Various Post on Merit and on Provincial or Regional Quotas:

Vacancies in all post in [BPS -16 and above or equivalent] and post in [BPS – 3 to 15 and equivalent], which serve the whole of Pakistan shell be filled on all Pakistan Basis an accordance with the merit and Provincial or regional quotas prescribed by Government.

Vacancies in posts in [BPS – 3 to 15 and equivalent] serving only a particular Province or region shall be filled by appointment of persons domiciled in the Province or region concerned.

Vacancies in posts in [BPS – 1 to 2 and equivalent] shall be ordinarily filled on local basis.

· Appointment by Promotion:

Although the word “Promotion” is not defined anywhere in Civil Servants Act 1973, but according to PLD 1958 LAH 370, It means the taking of a further step on a ladder. It is only when an Employee after having gained experience in a particular post or having otherwise better qualified himself is appointed to a post which is regarded as a higher post in that particular line that is called Promotion.

Ø Law Regarding Appointment On Promotion:

According to section 9 of the CSA 1973 read with Civil Servants (Appointment, Promotion, Transfer) rules 1973.

A Civil Servants possessing such minimum qualifications as may be prescribed shall be eligible for Promotion to a higher post for the departmental Promotion in the Service or Cadre to which he belongs.

Ø Basis of Promotion:

A post may either be a selection post or a non-selection post to which Promotion of a Civil Servants shall be made.

Ø Selection Post: It refers to that post which requires a special qualification or a particular experience in such case basis Promotion shall be on merit.

Ø Non-Selection Post: In case of non-selection post the basis for Promotion shall be seniority cum / and fitness. Fitness includes Physical as well as mental fitness.

· Essential Conditions for Promotion:

Following are the essential conditions for Appointment or Promotion.

Ø Post Must Be Reserved for Department Promotion:

It is necessary that a post to which the Promotion of a Civil Servant is to be made must be reserved under the rules to be filled by departmental Promotion.

Ø Person must possess minimum qualifications:

It is necessary that a person must possess the minimum qualification experience to meet the conditions laid down as Prescribed for a post to which he is to be promoted by the departmental Promotion Committee or the central selections board, as the case may be.

· Recommendation of Appropriate Committee or Selection Board:

It is mandatory requirement that Promotion shall be made on the recommendation of the appropriate Departmental Promotion Committee (DPC) or selection board as may be prescribed.

· Passing of Test and Completion of Training:

No person shall be promoted to a higher grade or post on regular Basis unless he has completed such minimum length of service, test and departmental examination as may be prescribed / specified by attended such training appointing authority for such Promotion. However, the Government may dispense with the requirement of passing of such test.

· Appointment by Promotion Shall Be on Probation:

According to section 6 and 11 of CSA 1973 read with rule 21 of the Civil Servants (Appointment, Promotion, Transfer) rules 1973, an appointment by Promotion to a service or post shall be a probation for one (1) year. The period of probation may be extended for a period at the time of appointment. It may be curtailed for good and sufficient reasons. On successful completion of probation, the promotee is conformed otherwise his Services is reverted back to his former post so long as he holds a lien against his farmer post.

· Appointment by Transfer:

The word transfer is not defined anywhere in Civil Servants Act 1973 However, it means removal of person from one place to another, or shifting from one place to another. According to PLD 1959 DACCA 219 transfer means the moving of an official from the headquarters station in which he is employed to another such station either to take up the duties of a new post or in consequence of charge of headquarters.

· Law Regarding Appointment on Transfer:

Section 10 of the Civil Servants Act 1973 read with part-II of the Civil Servants (Appointment, Promotion, Transfer) rules 1973, deals with situation appointment of Civil Servants by transfer.

· Liability of Civil Servants Under Section 10 Of CSA 1973:

Every civil servant shall be liable to serve anywhere within or outside Pakistan, in any [equivalent or higher] post under the Federal Government, or any Provincial Government or local authority, or a corporation or body set up or established by any such Government:

· Exception / Limitation to The General Rule:

Generally, every Civil Servant is duty bound to perform his duty / service everywhere, to which he cannot object, however, there are certain exception to the general rule.

Ø Specifically Appointed to Serve in A Particular Area Or Region:

If a Civil Servant is recruited to serve in any particular area or region then the above-mentioned rule is not applicable to him.

Ø When A Civil Servant Is Transferred to Serve In A Post Not Included In His Service Or Cadre:

When a Civil Servant is ordered to serve in a post not included in his service then all terms and conditions of service regarding his pay shall not be less favorable then which were given to him before the posting and transfer.

· Authority Empowered to Recommend Appointment by Transfer:

According to rule 7 of the Civil / Servants (Appointment, Promotion, Transfer) rules 1973.

· Transfer to posts in [BPS-2 to 18 and equivalent] shall be made on recommendation of the appropriate Departmental Promotion Committee.

· Transfer to posts in [BPS-19 to 21 and equivalent] shall be made on the recommendation of the selection boards.

Ø Persons who will be considered for appointment by transfer:

According to rule 8 of the Civil Servants (Appointment, Promotion, Transfer) rules 1973, only such persons who possess the qualifications and meet the conditions laid down for the purpose of transfer to a post shall be considered by Departmental Promotion Committee (DPC) or the central selection board, as the case may be.

· Appointment by Transfer Must Be from Persons Holding Appointment on Regular Basis:

According to rule 9 of the CS (Appointment, Promotion, Transfer) rules 1973, appointment by transfer shall be made from amongst the persons holding appointment on regular basis in posts in the same basis pay scale (BPS) or equivalent to or identical with the post to be filled.

· Appointment by Transfer Where Person Holds Appointment in Federal Government or Other Provinces of Pakistan:

Appointment by transfer may be made from amongst person holding appointments / in posts federal Government to any other Provinces of Pakistan and vice versa, if the person fulfills conditions of appointment by transfer to the post to which he is transferred and satisfies such other conditions as may be laid down by the Government in this respect.

CONCLUSION:

It can be concluded that although Article 27 of the constitution of 1973 guarantees the equality of opportunity in the matter of Employment and protection against discrimination. However, no one has a fundamental right to be appointed to a post / service under the Government, otherwise than in accordance with law.

Once a person is appointed to a Civil post and is confirmed after successful completion of Probation period he becomes a Civil Servants, there after a very great responsibility is placed on his shoulder as the Quaid-e-Azam, the founder of Pakistan, in his historic speech has rightly said.

“Civil Services is the back bone of the state, Governments are formed. Governments are defeated, Prime Ministers come and go, but you stay on and therefore there is a very great responsibility placed on your shoulders”

Relevant Provisions Laws:

Civil Servants Act 1973 (Federal) read with Civil Servants (Appointment, Promotion, Transfer) Rules 1973.

Khyber Pakhtunkhwa Civil Servants Act 1973 read with Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion, Transfer) Rules 1989.