Punjab Civil Servants (Appointment & Conditions of Service) Rules, 1974
PART-IV
AD HOC APPOINTMENTS
- (1) When a post is required to be filled, the appointing authority shall forward a requisition to the selection authority immediately after decision is taken to fill the post.
(2) After forwarding a requisition to the selection authority, the appointing authority may, if it considers necessary in the public interest, fill the post on ad hoc basis for a period not exceeding *one year pending nomination of a candidate by the selection authority:
*Substituted for the words “six months” vide Notification No. SOR.III-1-39/78 dated 14.06.1982.
@Deleted vide Notification No. SOR.III-1-14/75 dated 11.03.1975. (Previous version of the rule is available at page 26).
Provided:
(1) the vacancy is advertised properly in the newspapers;
(2) the appointment is made of a person duly qualified in accordance with the provisions of the rules and orders applicable to the post;
(3) the selection is made on the basis of merit determined by objective criteria;
(4) the appointment order certifies that a requisition has been sent to the selection authority; and
(5) the appointment is made subject to revocation at any time by the competent authority;
Provided further that ad hoc appointment shall not confer any right on the persons so appointed in the matter of regular appointment to the same post nor the service will count towards seniority in the grade.
@(3) Deleted.
10-B Appointment on current-charge basis –
- Where a post is likely to remain vacant for a period of less than six months and the appointing authority does not consider it expedient to make an appointment on ad hoc basis, it may appoint any civil servant to that post on current charge basis.
Rule 13
Original version of Rule 13:
- (1) No person shall be promoted on ad hoc basis unless he possesses the qualifications for the post and his appointment as such is approved by the chairman of the appropriate selection authority.
(2) An ad hoc promotion shall terminate on the expiry of six months from the date of promotion or on the date regular promotion is ordered, whichever is earlier.
AD HOC APPOINTMENT
No. SOR.I(S&GAD)16-14/64 (Policy) Dated the 21st February 1970
Subject: COUNTING OF THE AD HOC APPOINTMENT TOWARDS MINIMUM EXPERIENCE PRESCRIBED FOR A POST
I am directed to refer to para 3(x) of this Department’s letter No. SOIV(S&GAD)-16-14/64 (Policy) dated 1st October, 1969, regarding ad hoc appointments, in which the existing instructions about ad hoc experience were summarized. Some references have been received whether this amounts to modification of the earlier policy laid down in this Department’s letter No. SOXII-(S&GAD)-2-38/66, dated 30th March, 1967, on the subject noted above. It is explained that the intention is not to revise the policy. As already laid down, the ad hoc appointment period will count as experience for the purpose of fulfilling the requirements of the Service Rules. Ad hoc experience in a junior post of a person subsequently selected by the Commission should be taken into consideration when determining his eligibility for a senior post or the same post. This would, however, be subject to the provision that his seniors in the service are not ruled out as ineligible on the ground of shortage of experience. I am to request that these instructions may be noted for future guidance.
No. SOR.I(S&GAD)16-6/80-Part-II Dated the 14th October 1981
Subject: REQUESTS FOR THE GRANT OF EXTENSIONS IN AD HOC APPOINTMENTS
The proposals for extensions in ad hoc appointments are referred to this Department for Governor’s approval in relaxation of rule 22 of the Punjab Civil Servants (Appointment & Conditions of Service) Rules, 1974 long after the expiry of the terms of ad hoc appointments. Even at that stage the references received in this connection are not always complete which necessitate repeated back references delaying the matter still further. The Governor has taken a serious notice of this state of affairs and has directed that such cases must be initiated well before the expiry of the initial or extended period of ad hoc appointment. The main points on which information must be supplied to this department for submission of such cases to the Governor (now Chief Minister) are indicated below for guidance:
Nomenclature of service/recruitment Rules;
Date of submission of requisition to the Commission;
The last date for receipt of applications by the Commission/other Selection authority.
Date of making ad hoc appointment.
Date of expiry of initial period of 6 months ad hoc appointment;
If the ad hoc appointment has to be continued for more than one year whether approval of the Commission has been obtained under proviso (a) to rule 4 (ii) of the Punjab Public Service Commission
Functions) Rules, 1978 for extension of ad hoc appointment beyond
months.
It is requested that the foregoing information should invariably be provided while referring such cases to this Department.
No. SOR.I(S&GAD)16-25/82 Dated the 5th March 1983
Subject: EXTENSION OF AD HOC APPOINTMENTS
I am directed to refer to this Department circular No. SORI(S&GAD)16-6/80-Part-II dated 14th October, 1981 and to say that the proposals for extension in ad hoc appointments are referred to this Department for Governor’s approval in relaxation of rule 22 of the Punjab Civil Servants (Appointment & Conditions of Service) Rules, 1974 long after the expiry of the term of ad hoc appointment. The Governor has taken a serious notice of it and directed that all Departments must send such cases for extension of ad hoc appointments at least two months earlier than the expiry date, so that all necessary formalities can be completed in time and salaries of the ad hoc appointees are not held up.
It is requested that the above mentioned instructions may be brought to the notice of all concerned for strict compliance.
No. SOR.I(S&GAD)1-4/85 Dated the 25th August 1985
Subject: EXTENSION OF AD HOC APPOINTMENTS
Please refer to para 1 (II) of D.O. of even number, dated 07.07.1985 regarding extension in ad hoc appointments. The Chairman, Punjab Public Service Commission, has pointed out that while processing the cases for such extension, the Administrative Departments commit the following irregularities:
Under the rules, the Administrative Departments are competent to make ad hoc appointments for only one year. However, requests for further extension in ad hoc appointments are generally received by the Commission long after the initial period of one year has expired. Retention of ad hoc officers beyond one year without approval of the Commission in such cases cannot be presumed.
Requests for further extension of ad hoc appointment beyond one year are sometimes received after the Commission has already nominated candidates for regular appointment against the vacancies occupied by ad hoc appointees. The law does not allow the Commission to extend ad hoc appointments after it has recommended candidates for regular appointment against the same vacancies. Under Rule 4 (ii) (a) of PPSC (Functions) Rules, 1978, the Commission’s approval for extension in ad hoc appointment is subject to the condition that “the Commission had failed to nominate a candidate.” The Commission can, therefore, approve extension in ad hoc appointment only up to the date on which
it has nominated a candidate for regular appointment against the same vacancy.
Extension cases are sometimes received incomplete without the requisite data in the proforma prescribed by the Commission for this purpose. The Commission is unable to process extension cases properly without this data. This results in further correspondence with the Departments and delays the case unnecessarily. Therefore, the Administrative Departments must send extension cases along with the prescribed proforma. Further, the entries in the proforma must be carefully checked and the proforma must be carefully checked and the proforma must be signed by the Appointing Authority or someone duly authorized in this behalf.
You are requested to please ensure that the requirements of law and the procedure laid down by the Commission is strictly observed in future. It may be pointed out that ad hoc appointments automatically terminate after the permission period and the appointing authorities become personally liable to pay salary to the ad hoc appointees continued beyond the authorized period.
No. SOR.II(S&GAD)3-23/96 Dated the 10th September 1996
Subject: REGULARIZATION OF AD HOC APPOINTMENT – EFFECT ON SENIORITY POSITION ETC.
I am directed to refer to the subject noted above and to say that instances have come to the notice that in some Departments, the services of an official are regularized w.e.f. the date of his ad hoc appointment in response to the Chief Minister’s directive etc. The Directive of the Chief Minister is implemented inadvertently without bringing to his notice the implications, adverse effects on other employees and the position of judicial verdicts of the Honourable Courts on the subject. The Honourable Supreme Court of Pakistan in their judgments PLD 1991 SC-226 & PLD SC 35, have held that ad hoc appointment cannot be regularized to the detriment of the other civil servants. Seniority being a vested right, cannot be altered except as provided in the rules. Therefore, it cannot be fixed in relaxation of relevant rules because it amounts to giving undue benefit of seniority to the juniors.
Accordingly, it has been decided that the Competent Authorities should refrain from granting undue benefit of seniority by regularizing the ad hoc appointment of an official from the date of his ad hoc appointment. If it is intended to regularize the ad hoc appointment of an official it should invariably be made after advertising the post and following prescribed procedure of recruitment in the light of principle of law enunciated by the Honourable Supreme Court of Pakistan referred to above.
I am, therefore, to request you that the above instructions may kindly be brought to the notice of all concerned for strict compliance.
No. SOR.I(S&GAD)16-12/85 Dated the 3rd June 1997
Subject: UNAUTHORIZED EXTENSION OF AD HOC APPOINTMENTS
I am directed to invite attention of all concerned to this Department’s D.O. letter No. SORIV(S&GAD)1-4/85 and to say that extension in ad hoc appointments beyond one year to the incumbents of posts within the purview of Punjab Public Service Commission are being made by Government Departments without approval of the Punjab Public Service Commission in violation of the above instructions.
The Punjab Public Service Commission has brought to the notice of the Government that certain departments do not forward such cases to the Commission rather circumvent the provisions through break in the period of ad hoc appointment to continue the same endlessly.
The text of instructions issued on 25.08.1985 is reproduced below for strict compliance:
Under the rules, the Administrative Departments are competent to make ad hoc appointments for one year only. However, requests for further extension in ad hoc appointment are generally received by the Commission long after the initial period of one year has expired. Retention of ad hoc officers beyond one year without approval of the Commission is illegal. Approval of the Commission in such cases cannot be presumed.
Requests for further extension of ad hoc appointments beyond one year are sometimes received after the Commission has already nominated candidates for regular appointments against the vacancies occupied by ad hoc appointees. The law does not allow the Commission to extend ad hoc appointments after it has recommended candidates for regular appointments against the same vacancies. Under Rule 4 (ii)(a) of PPSC (Functions) Rules, 1978, the Commission’s approval for extension in ad hoc appointment is subject to the condition that the Commission had failed to nominate a candidate. The Commission can, therefore, approve extension in ad hoc appointment only up to the date on which it has nominated a candidate for regular appointment against the same vacancy.
Extension cases are sometimes received incomplete without the requisite date in the proforma prescribed by the Commission for this purpose. The Commission is unable to process extension cases properly without this data. This results in further correspondence with the Departments and delays the case unnecessarily. Therefore, the Administrative Departments must send extension cases along with the prescribed proforma. Further, the entries in the proforma must be carefully checked and the proforma must be signed by the Appointing Authority or someone duly authorized in this behalf.
Attention is also invited to this Department’s circular letter No. SORI(S& GAD)16-1/85 dated 9th February, 1991 under which a Model Offer of ad hoc appointment along with an affidavit was enclosed. It is requested to kindly ensure
that no ad hoc appointment is allowed to continue beyond the period prescribed in Rule 22 of the Punjab Civil Servants (Appointment & Conditions of Service) Rules, 1974.
It is, therefore, requested to please ensure that the requirements of law and the procedure laid down in the instructions issued by this department from time to time are strictly observed in future.
No. SOR-III-2-1/94(P) Dated the 27th August 1997
Subject: AD HOC APPOINTMENTS TO POSTS IN BS-1 TO BS-15
I am directed to refer to this Department’s circular letter of even No. dated 29th December, 1994 regarding ad hoc appointments.
The matter has been examined under the relevant provisions of the Punjab Civil Servants (Appointment & Conditions of Service) Rules, 1974. The provisions of Rule 22 of the Rules ibid, make it incumbent on the appointing authority to send a requisition to the Punjab Public Service Commission before making ad hoc appointments to posts in BS-16 and above falling within the purview of the Commission. This implies that there is no provision for ad hoc appointments against the posts in BS-1 to BS-15, because the Appointing Authority for such posts is also the Chairman of the Departmental Selection Committee. It does not appear logical that the Appointing Authority, which is also Chairman of Departmental Selection Committee, should send a requisition to himself for making ad hoc appointments to posts in BS-1 to BS-15. The process of making ad hoc appointments is normally resorted to when completion of procedural formalities for regular appointments is likely to delay the matter. There is a difference in recruitment procedure for ad hoc and regular appointments to posts in BS-16 and above. There is no such difference for posts in BS-1 to BS-15. The Departmental Selection Committee can meet any time, convenient to it, for making selection on regular basis even at a short notice. Thus, there is no question or need for making ad hoc appointments to posts in BS-
and below.
I am, therefore, to request you that in future regular appointments should only be made through the respective Departmental Selection Committees after observing the procedure and the provisions of service/recruitment rules.
I am to request you further that these instructions may be brought to the notice of all Appointing Authorities under your administrative control for guidance/compliance.
No. SORI(S&GAD) 16-2/97 Dated the 12th May 1998
Subject: REGULARIZATION OF SERVICE OF STAFF WORKING ON CONTRACT/AD HOC BASIS
I am directed to refer to the subject cited above and to state that the Chief Minister was pleased to constitute a committee to examine the existing procedure regarding regularization of services of ad hoc/contract employees and to remove irritants, if any, keeping in view the principle of law annunciated by the Supreme Court of Pakistan in Human Rights case No. 104 of 1992, vide their order dated 19.01.1993 that no appointment on regular basis should be made without properly advertising the vacancies and converting ad hoc appointments into regular appointments and also the spirit of Article 25 of the Constitution of Pakistan.
The committee, after due deliberations, made the following recommendations:
Any deviation from the existing legal framework, to regularize the service of ad hoc/contract employee by denying the right to compete for Government jobs to other eligible candidates will not only be violative of the Constitution but also defeat the concepts of fair play and equity.
All posts held by ad hoc/contract employees should be advertised and filled on regular basis through the Punjab Public Service Commission under the extent of law/rules. Ad hoc/Contract appointees may compete with others on equal footing.
All departments should forecast number of vacancies likely to become available in the next 12 to 18 months and place a requisition with the PPSC in time. This will minimize the need for making ad hoc appointments.
The above recommendations of the Committee were approved by the Chief Minister.
You are, therefore, requested kindly to bring the contents of the above instruction to the notice of all concerned for information and compliance.