Introduction:
Seniority is in fact a right which
is attached with the rights of appointment at the time of Service and this
right if infringed not only the Government is bound to rectify but also the aggrieved
person is also entitle to adopt due process of law for rectification.
The right of Seniority directly
flows from the declaration that the selection of the incumbent (the holder of
an office) is competent, complete and that he is also entitled to be included
into the Services on successfully completion of course of training.
Meaning of Seniority:
The word Seniority means older,
superior in rank, or standing etc.
The expressions Seniority has not
been defined by the Civil Servants Act 1973, So it may be taken in its general
sense. “A Civil Servant is said to be senior is relation to another when the
duration of his Service is longer or he holds a Senior Post”.
Relevant Provisions / Laws:
Section (8) of the Civil Servants
Act 1973 read with Civil Servants (Seniority) rules 1993.
·
Cross Reference:
Khyber Pakhtunkhwa Civil Servants
Act 1973 read with rule 07 of Khyber Pakhtunkhwa (Appointment, Promotion, and
Transfer) Rules 1989.
Seniority List of Civil Servants:
According to section (8) of the CSA 1973 read with Civil Servants
(Seniority) rules 1993. The appointing authority shall maintain a Seniority
list of the members for the time being of such Service, Cadre or post for the
proper administration of Service.
·
Seniority, How to Be Determined / Calculated:
The Seniority of the members shall
be counted, calculated, considered in relation to the other Civil Servants
belonging to the Service Cadre, whether serving in the same department or
office or not.
·
Seniority of A Civil Servant On Initial
Appointment:
According to section (8) of the
CSA 1973 read with rule 2 of the Civil Servants (Seniority) rules 1993.
A Person Initially Appointed
Through an Earlier Open Advertisement: Persons initially appointed on the
recommendation of the selection authority through an earlier open advertisement
shall rank senior to those appointed through a subsequent open advertisement.
·
When Two Or More Persons Are Recommended in
Open Advertisement:
If two or more persons are
recommended in open advertisement by the selection authority their inter-se
seniority shall be determined in order of merit assigned by the selection
authority.
·
When One Candidate Is Recommended, And He Was
Already Holding the Same Post on Ad-hoc Basis:
Ø If only one candidate is
recommended in open advertisement by the selection authority, he shall count
his seniority frame from the date of recommendation by the selection authority.
Ø If he was already holding the same
post on Ad-hoc basis
·
When Only One Candidate Is Recommended and He
Was Not Already Holding the Same Post:
If only one candidate is
recommended by the selection authority in open advertisement, he shall count
his Seniority from the date of his joining the post, if he was not already
holding the same post.
a)
Seniority of A Civil Servant on
Promotion:
According to selection (8) of the CSA 1973 read with rule (3) of the CS
(Seniority) rules 1993. Seniority in a Service, Cadre or post to which a Civil
Servant is promoted shall take effect from the date of regular Promotion to
that Service, Cadre, or post.
Ø
Civil Servants Selected For Promotion To
Higher Posts On An Earlier Date:
Civil Servants selected for
Promotion to higher posts on an earlier date shall be senior to those selected
for such Promotion on a later date.
Ø
Civil Servants Selected for Promotion To
Higher Posts In One Batch:
Civil Servants selected for
Promotion to higher posts on one Batch shall on their Promotion to higher post,
retain their inter-se Seniority as in the lower post.
Ø
Seniority Civil Servants Who Were Deferred for
The Reasons Beyond Their Control And Junior Were Promoted:
Civil Servants eligible for
Promotion who could not be considered for Promotion in original reference, in
circumstances beyond their control or whose case was deferred while juniors
were promoted to the higher post, shall on Promotion, without supersession,
take their Seniority with the original batch.
b)
Seniority on Promotion by
Transfer:
According to rule (4) of the CS
(Seniority) rules 1993. Seniority in Service, post or Cadre to which a Civil Servant
is appointed by transfer shall take effect from the date of regular appointment
to that Service, Cadre or post.
·
Civil Servants Belong to Same Post Selected
For Appointment By Transfer To A Post In One Batch:
Civil Servants belongs to same
Service, Cadre or post selected for appointment by transfer to a Service Cadre
or post in one batch shall on their appointment take their inter-se Seniority
in order of their date of regular appointment in their previous Service, Cadre,
or post.
·
Civil Servants Belong to Different Posts
Selected For Appointment By Transfer To A Post In One Batch:
Civil Servants belongs to
different Services, Cadre or post selected for appointment by transfer in one
batch shall take their inter-se Seniority in the order of the date of their
regular appointment to the post which they are holding before such appointment
and where such date is the same, the person older in age shall rank Senior.
c)
Seniority in The Event of Merger
Of Ministries Etc.:
In the event of merger of
ministries, Divisions, attached departments, or subordinate offices, the
Seniority of Civil Servants shall be determined in accordance with the date of
regular appointment to a Cadre or post. However, this rule is not applicable to
regularly constituted occupational Groups and Services.
According to Occupational Groups
and Services (Probation, Training and Seniority) Rules, 1990.
"Occupational Group or Service" means any group or service
recruitment to which is made through the competitive examination conducted by
the Commission from time to time against BPS 17 posts under the Federal
Government or any occupational group or service transfer to which is made from
the Armed Forces by induction and includes the following: -
(a) Accounts Group
(b) Commerce and Trade Group
(c) Customs and Excise Group
(d) District Management Group
(e) Foreign Service of Pakistan
(f) Income Tax Group
(g) Information Group
(h) Military Lands and Cantonment Group
(i) Office Management Group
(j) Police Service of Pakistan
(k) Postal Group
(l) Railways (Commercial & Transportation) Group and
(m) any other service or group which may be notified by
the Government as such.
d)
Seniority of Officers of Armed
Forces an Induction in Civil Posts:
Officers of armed forces of
Pakistan who are inducted in a Civil Service, Cadre or post on accordance with
the Government orders and instructions shall take Seniority in that Service,
Cadre or Post from the date of their induction.
However, the officers inducted in
one Batch shall, on inductions, retain their inter-se Seniority as in the armed
forces of Pakistan.
e)
Seniority in Case of Ad-Hoc
Appointment:
Ad-hoc appointment does not confer
any right in Seniority from the date of such appointment.
f)
Seniority in Case Of Deputation:
In case of deputation the
Seniority is counted from the date of deputation order and with reference to
the time, such officer remained on deputation.
Ø
Seniority Is Not Vested Right:
Section (8) of the Civil Servants
Act 1973 clearly provides that no vested right is conferred to a particular
Seniority is Service, Cadre or post. However, rule-making authority could for
sufficient reason determine it.
CONCLUSION:
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