Amendment in Rule 6 of Civil Servants (Seniority) Rule 1993

GOVERNMENT OF PAKISTAN CABINET SECRETARIAT ESTABLISHMENT DIVISION *********** No. 1/8/2008-R-4                                                                 Islamabad, 22nd June, 2009. OFFICE MEMORANDUM Subject:    AMENDMENT IN RULE 6 OF THE CIVIL SERVANTS (SENIORITY) RULES, 1993.             The undersigned is directed to say that Rules 6 of the Civil Servants (Seniority) Rules, 199 has been amended with effect from the 16th June 2009 vide S.R.O. No. 572(I)/2009, dated 16.06.2009. A copy of the said SRO is enclosed for information. 2.                     Ministries / Divisions are requested to please circulate the above mentioned S.R.O. among all departments under their administrative control. Sd/- (Falak Sher Virk) Section Officer End: As above. ALL SECRETARIES / ADDITIONAL SECRETARIES INCHARGE  MINISTRIES / DIVISIONS Copy to: 1.          Secretary General to the President's Secretariat (Public), Islamabad. 2.    The Prime Minister's Secretariat (Public) with reference to their U.0 No. 400/PSPM/2009 dated 27.05.2009. 3.          Secretary, Law & Justice Division with reference to their U.0 No. 69/09-Law-I dated 27.01.2009 and No.F.1211/2009 D&L, dated 13-6-2009 4.           Auditor General of Pakistan, Islamabad. 5.           Controller General of Accounts, Islamabad 6.           Director General, IB, Islamabad. 7.            Secretary, FPSC, Islamabad. 8.            All chief secretaries of the Provinces. 9.            Secretary, National Reconstruction Bureau, Islamabad. 10.        Principal Information Officer, Press Information Department, Islamabad. 11.        Military Accountant General, Rawalpindi. 12.     Director General, PPARC, M.S./Wing, Establishment Division (Rafi Centre  Zero point), Islamabad. 13.       All joint Secretaries/ Deputy Secretaries, Establishment Division, Islamabad. 14.   Deputy Secretary (Computer), Establishment Division with the request to arrange for its placement on the official website of the Establishment Division, Islamabad.

TO BE PUBLISHED IN THE GAZETTE OF PAKISTAN EXTRAORDINARY PART-II GOVERNMENT OF PAKISTAN CABINET SECRETARIAT ESTABLISHMENT DIVISION Islamabad, the 16th June, 2009. NOTIFICATION             S.R.0 572(I)/(2009. In exercise of the powers conferred by sub-section (1) of section 25 of the Civil Servants Act, 1973 (LXXI of 1973), read with Notification No. S.R.O. 120(1)/98, dated the 27th February, -1998, the Prime Minister is pleased to direct that the following further amendment shall be made in the Civil Servants ( Seniority ) Rules, 1993, namely:- In the aforesaid Rules, for rule 6 the following shall be substituted, namely:- "6. Inter se seniority of civil servants appointed in the same calendar year:- Civil servants appointed by promotion, transfer, or initial appointment to a service, cadre, or post shall take seniority from the date of their regular appointment to that service, cadre or post: Provided that the provisions of this rule shall not in any manner affect or impair the rights of the existing incumbents". - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (F.No.118/2008-R.IV) Sd/- ( Muhammad Arshad) Deputy Secretary

INITIAL APPOINTMENT TO CIVIL POSTS (RELAXATION OF UPPER AGE LIMIT) RULES, 1993.

INITIAL APPOINTMENT TO CIVIL POSTS (RELAXATION OF UPPER AGE LIMIT) RULES, 1993. ( As amended upto  24-10-2007) Government of Pakistan Cabinet Secretariat Establishment Division … NOTIFICATION Islamabad, the 4th November, 1993. S.R.O. 1079(I)/93.-     In pursuance of rule 12 of the Civil Servants (Appointment, Promotion and Transfer ) Rules, 1973, the President is pleased to make the following rules , namely:- PART 1-GENERAL (1)        These Rules may be called the Initial Appointment to Civil Posts (Relaxation of Upper Age Limit) Rules, 1993. (2)        They shall come into force with immediate effect Provided that nothing in these rules shall apply to the appointment to the posts in BPS-17 to be filled through C.S.S. Competitive Examination. PART- II-  GENERAL RELAXATION (3) Maximum age limit as prescribed in the recruitment rules shall be relaxed in respect of the candidates mentioned in column (2) below to the extent mentioned against each under column (3):- Sl.No. Category of candidates Age relaxation admissible      1                            2        3 i) (a).    Candidates belonging to Scheduled Castes, Buddhist Community, recognized tribes of the Tribal Areas, Azad Kashmir and Northern Areas for all posts under the Federal Government 3 years.  (b)    Candidates belonging to Sindh(R) and Balochistan for posts in BPS-15 and below under the Federal Government     3 years. ii) Released or Retired Officers / personnel of the Armed Forces of Pakistan 15 years or the number of years actually served in the Armed Forces of Pakistan, whichever is less. iii) Government servants who have completed 2 years continuous Government service on the closing date for receipt of applications. 10 years, upto the age of  55 years. iv) Disabled persons for appointment to posts in BPS-15 and below. 10 years v) Widows, son or daughter of a deceased civil servant who dies during service 5 years (4)        Where a candidate is entitled to age relaxation under more than one categories specified in rule 3 , he shall be allowed relaxation in age only in one category. [4A]     (1) Subject to sub-rule(2), the maximum age limit prescribed for initial appointment under any rules for the time being in force shall be relaxed by a period of five years: (2) The relaxation in upper age limit shall be over and above the relaxation of age admissible to candidates specified in rule 3 or in any other rules for the time being in force]. [4B]     Notwithstanding the provisions contained in these rules or any other rules for the time being in force, the President or the Prime Minister may, on extreme compassionate grounds, grant age relaxation to an individual candidate for a period not exceeding three years over and above the relaxation in upper age limit already admissible, if any]. [4C]     Notwithstanding anything contained in these rules, or any other rules for the time being in force, one time relaxation in the upper age limit shall be admissible to the persons appointed to the posts, on ad-hoc basis, from the Ist October, 1981, to the 31st December, 1995, to the extent they are overage for initial appointment to the posts, held by them, as and when advertised by the Federal Public Service Commission.] [4D.]    Notwithstanding anything contained in these rules or any other rules for the time being in force, the President or the [Prime Minister] may grant age relaxation to the widow, son or daughter of a deceased civil servant who dies during service for such period as may be considered appropriate.] (5)   Repeal:- All existing rules, orders and instructions relating to age relaxation issued from time to time are hereby repealed.

Travelling Facility by Air in glace of Steamer by the Officers in BPS-17 and above on retirement.

Government of Pakistan Finance Division (Regulations Wing) No.F. 1(5)R-10/2010-98                                                        Islamabad, the 24th April, 2014 Office Memorandum Subject:-        Travelling Facility by Air in glace of Steamer by the Officers in BPS-17 and above on retirement. The undersigned is directed to refer to paragraph 17 of this Division's 0.M.No.F.2(1)-Rev.1/72, dated 20-12-1972 as amended from time to time and to state that it has been decided to amend paragraph 17(a) (i) of the above O.M. as follows:- Existing Clause of the Rule As amended 'Actual fare by rail or steamer of the class to which he was entitled immediately before his retirement for himself and for each member of his family. For journeys by road between places not connected by rail or steamer, mileage allowance shall be allowed". 'Actual fare by rail or air of the class to which he was entitled immediately before his retirement for himself and for each member of his family. For journeys by road mileage allowance shall be allowed at the rates applicable at the time of drawal of claim". 2.                                It has further been decided that no additional funds will be provided, whatsoever, on this account. These orders shall have immediate effect. Sd/- (Dr. Muhammad Ismail Hasni) Section Officer (R-10) Ph. # 9245725 All Ministries/Divisions

GRANT OF INVALID PENSION TO AN INDIVIDUAL HAVING LESS THAN 05 YEARS SERVICE.

Government of Pakistan Finance Division (Regulations Wing) ********* No. 1(1)-Reg.6/2008-44.                                                    Islamabad, the 8th April, 2014. OFFICE MEMORANDUM Subject:-       GRANT OF INVALID PENSION TO AN INDIVIDUAL HAVING LESS THAN 05 YEARS SERVICE. The undersigned is directed to state that Finance Division vide notification No. F. 1(1)-Reg.6/2008, dated 24th June, 2008 (SRO 58 (KE)/08, dated 24.06.2008 made following amendment in Article 474-B of CSR:- "(a)     After a service of five years or more but less than ten years, a gratuity not exceeding one month's emoluments for each completed year of service. If a civil servant dies in service, the rate shall be one and a half month's emoluments for each completed year of service. If the emoluments of a civil servant have been reduced during the last twelve months or thirty six months of his service, as the case may be, otherwise than as a penalty, average emoluments may, at the discretion of the authority which has the power to sanction gratuity, be substituted for emoluments. (aa)     If the civil servants are unable to work and retire on account of invalidation due to illness, accident, earthquake or terrorism will get complete pension benefits, and the condition of ten years service shall not apply to such cases." 2.                     The Military Accountant General (MAG) raised following query upon the amendments:- Cont …..

-2- "Whether the condition of 5 years service has also been abolished in newly added sub clause `aa' in the light of Finance Division's O.M. No.1(1 )-Reg.6/2008, dated 24.06.2008." 3.                            The case has been examined in Finance Division in consultation with Auditor General of Pakistan and Controller General of Accounts and it is clarified that sub clause `aa' is an addition in Article 474- B to extend benefit of pension, as per eligibility of invalid pension, to those civil servants who are unable to work and retire on account of invalidation due to illness, accident, earthquake or terrorism during service rendering less than 10 years but more than 5 years service and who otherwise are not entitled for pension under Article 474-B 'a'. Therefore, condition of 5 years service has not been abolished. Sd/- (Muhammad Khalil)                   Section Officer (Reg.6) All Ministries/Divisions/Departments

PROTECTION OF PAY OF CONTRACT EMPLOYEES ON REGULARIZATION/APPOINTMENT ON REGULAR BASIS

Government of Pakistan Finance Division (Regulations Wing) F. No. 7(9)R-I/2m2-                                                                  Islamabad, the 31st May, 2013 OFFICE MEMORANDUM Subject:  PROTECTION OF PAY OF CONTRACT EMPLOYEES ON REGULARIZATION/APPOINTMENT ON REGULAR BASIS The undersigned is directed to say that the proposals for protection of pay last drawn by the contract employees on their regularization/appointment on regular basis are received in Finance division and considered/decided on case to case basis. The existing rules/orders on the subject do not provide for protection of pay of contract employees on their regularization. The Courts have held from time to time that the pay of contract employees on their regularization/appointment on regular basis should be protected. The matter has been examined in the light of Court's Judgments and it has been decided to issue general policy guidelines in this regard. Pay of a non-Gazetted contract employee on his regularization/appointment on regular basis will be protected subject to the following conditions:-
	i)	That the contract appointment has been made on standard terms and conditions circulated by Establishment Division as amended for time to time.
	ii)	That the contract employee has applied through proper channel and has been properly relieved by the appointing authority. This condition shall not apply in case of regularization on the same post.
	iii)	That regularization/regular appointment has been made with the approval of competent authority.
	iv)	That there is no break/interruption between contract service and regular service.
	v)	That the service rendered on contract basis shall not qualify for pension/gratuity.
	vi)	That in case of regular appointment in lower grade pay shall not be protected.
2.                                       Ministries/Divisions/Departments are authorized to protect/fix pay in terms of above guidelines. Only those cases may be referred to Finance Division where some clarification or advice of Finance Division is required.                                       Sd/-              (Muhammad Bashir Zahid) Accounts Officer(R-I) Tele: 9245843 All Ministries/Divisions/Departments

CLARIFICATION REGARDING PROTECTION OF PAY OF CONTRACT EMPLOYEES ON REGULARIZATION/ APPOINTMENT ON REGULAR BASIS

Government of Pakistan Finance Division (Regulations Wing) F. No. 7(9) R-I/2012-1388                                                           Islamabad, the 6th March, 2014 OFFICE MEMORANDUM Subject: -   CLARIFICATION REGARDING PROTECTION OF PAY OF CONTRACT EMPLOYEES ON REGULARIZATION/ APPOINTMENT ON REGULAR BASIS.                 The undersigned is directed to refer to this Division's O.M. of even number dated 31st May, 2013 and state that AGPR, Islamabad and certain Ministries/Divisions/ Departments have raised certain queries for clarification which have been examined and clarified as under:-
S .No	Queries raised	Clarification
i.	Finance Division's O.M. dated 31th' May, 2013 does not contain effective date of implementation. From which date will it take effect.	The said O.M. will take effect from the date of its issue i.e. 31-05-2013.
ii.	Whether the pay of employees working on daily wages, short-term vacancies and on contract basis, regularized by the Cabinet Sub-Committee is protectable.	The pay of only those contract employees (Non-gazzetted), whose appointments have been made on standard terms and Conditions in BPS by the competent authority, is protectable.
iii.	Whether employees whose services were transferred from development to non-development side are entitled to pay protection.	Pay is protectable of those employees only whose contract appointment in development side was made in BPS-1 to15 on standard terms and conditions.
iv.	Whether the pay of contract employees on their regularization in lower grade is protectable or otherwise. otherwise.	Finance Division's O.M. clearly states that in case of regular appointment in lower grade pay shall not be protected.
v.	Whether the contract employees of BPS-1 to 4 who were moved one scale up w.e.f.01-07-2007 are entitled to protection of pay on regularization.	Yes.
vi.	In case the pay protection is allowed w.e.f. 31-05-2013 to all back date cases, please clarify about the date of pay fixation regarding date of regularization or implementation of this policy and whether payment of arrear after 31-05-2013 payable or not.	As stated against (i) above.
vii.	Whether an employee working in. a Development Project on his appointment on regular basis in the Ministry, Division and Department is protectable.	As stated against (iii) above.
viii.	Whether the pay of an employee working on contract basis in the Provincial Government who later on joins a            regular  post in a Federal Government is also protectable.	Yes, subject to conditions,  as stated against (ii) above.
Sd/-            (Muhammad Bashir Zahid) Accounts Officer(R-I) All Ministries/Divisions/Departments

SYSTEM OF FINANCIAL CONTROL AND BUDGETING 2006

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