What is the difference between a civil servant and a government servant? Could you support your answer by relevant rules with reference to Pakistan?
Maqbool Ahmed Dhawla, Civil Servant
Answered Nov 1, 2019 · Author has 594 answers and 1.2m answer views
Every “ civil servant” is a “ government servant” but every “ government servant” is not a civil servant. Usually, it is considered that Federal & Provincial Civil Servants are only those groups of persons who join after a combined competitive examination at Federal or Provincial levels but legally it is not limited to these groups. Although it has become as an accepted norm. Here is extracts from relevant laws. Pl go through. Hope it would serve the purpose
WHO IS A FEDERAL CIVIL SERVANT?
Pakistan’s public sector employs over 3.4 million at the Federal and Provincial level. The break down of this work force between the Federal and Provincial Government level is as follows:-
Federal Secretariat 18,023
Attached Departments251,187
Autonomous Organizations389,923
Civilians Paid Out of Defence168,170
Civilian Armed Forces124,080
Total951,383
Provincial
Punjab 863,896
Sindh 461,247
NWFP 268,285
Balochistan 167,144
AJ&K 67,423
Total1,827,868
This paper makes an attempt to precisely define a Federal Civil Servant and then makes a few proposals in light of the changed circumstances to exclude a number of categories of employees that are either currently considered part of the Federal Civil Service or do not clearly fall in the definition of Civil Servant.
Article 260(1) of constitution of Pakistan (1973) uses the expression “service of Pakistan” while Section 2(1)(b) of Civil Servants Act. (1973) defines “Civil Servant”. The Supreme Court of Pakistan has held that person being in “Service of Pakistan”, merely for that reason, cannot be classed as a “Civil Servant” as defined in Civil Servants Act. 1973. Therefore every person in the “Service of Pakistan” cannot automatically become a civil servant. The pre-requisites for attracting the definition of civil servant to any government or public sector employees are laid down in the Civil Servants Act. of 1973.
Civil Servants Act. of 1973 defines Civil Servant in Section 2 (b) as follows:-
“Civil Servant” means a person who is a member of an All Pakistan Service or of a civil service of the Federation or who holds a civil post in connection with the affairs of the Federation including any such post connected with defence, but does not include.
(i) a person who is on deputation to the Federation from any province or other authority
(ii) a person who is employed on contract or on work charged basis or who is paid from contingencies OR
(iii) a person who is “worker’ or ‘workman’ as defined in the Factories Act. 1934 or the Workman’s Compensation Act. 1923.
Source:
Read the whole report for clarity.
WHO IS A PROVINCIAL CIVIL SERVANT?
TERMS AND CONDITIONS OF SERVICE OF THE CIVIL SERVANTS
Constitutional Provisions- Extracts from the Constitution of the Islamic Republic of Pakistan, 1973: Part XII Miscellaneous, Chapter I– Services.–
Article 240- 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 Service, by or under Act of [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.
Read more at: fab.gov.pk
Explanation.–- In this Article, “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 **[Majlis-e-Shoora (Parliament)].
Article 241- Until the appropriate Legislature makes a law under Article 240, all rules and orders in force immediately before the commencing day shall, so far as consistent with the provisions of the Constitution, continue in force and may be amended from time to time by the Federal Government or, as the case may be, the Provincial Government.
Article 242- (1) [Majlis-e-Shoora (Parliament)] in relation to the affairs of the Federation, and the Provincial Assembly of a Province in relation to affairs of the Province, may, by law, provide for the establishment and constitution of a Public Service Commission.
[(1A) The Chairman of the Public Service Commission constituted in relation to the affairs of the Federation shall be appointed by the President in his discretion.]
(2) A Public Service Commission shall perform such functions as may be prescribed by law.
Article 268- (1) Except as provided by this Article, all existing laws shall, subject to the Constitution, continue in force, so far as applicable and with the necessary adaptations, until altered, repealed or amended by the appropriate Legislature.
(2) The laws specified in the Sixth Schedule shall not be altered,
(3) For the purpose of bringing the provisions of any existing law into accord with the provisions of the Constitution (other than Part II of the Constitution), the President may by Order, within a period of two years from the commencing day, make such adaptation, whether by way of modification, addition or omission, as he may deem to be necessary or expedient, and any such Order may be made so as to have effect from such day, not being a day earlier than the commencing day, as may be specified in the Order.
(4) The President may authorize*** the Governor of a Province to exercise, in relation to the Province, the powers conferred on the President by clause (3) in respect of laws relating to matters with respect to which the Provincial Assembly has power to make laws.
(5) The powers exercisable under clause (3) and (4) shall be subject to the provisions of an Act of the appropriate Legislature.
(6) Any court, tribunal or authority required or empowered to enforce an existing law shall, notwithstanding that no adaptations have been made in such law by an Order made under clause (3) or clause (4), construe the law with all such adaptations as are necessary to bring it into accord with the provisions of the Constitution.
(7) In this Article, “existing laws” means all laws (including Ordinances, Orders-in-Council, Orders, rules, bye-laws, regulations and Letters Patent constituting a High Court, and any notifications and other legal instruments having the force of law) in force in Pakistan or any part thereof, or having extra-territorial validity, immediately before the commencing day.
Explanation. In this Article, “in force”, in relation to any laws, means having effect as law whether or not the law has been brought into operation.
Article 212- (1) Notwithstanding anything hereinbefore contained, the appropriate Legislature may by Act @[provide for the establishment of] one or more Administrative Courts or Tribunals to exercise exclusive jurisdiction in respect of—
(a) matters relating to the terms and conditions of persons [who are or have been] in the service of Pakistan, including disciplinary matters;
(b) matters relating to claims arising from tortious acts of
Pakistan, or of any local or other authority empowered by law to levy any tax or cess and any servant of such authority acting in the discharge of his duties as such servant; or
(c) matters relating to the acquisition, administration and disposal of any property which is deemed to be enemy property under any law.
(2) Administrative Court or Tribunal is established under clause (1), no other court shall grant an injunction, make any order or entertain any proceeding in respect of any matter to which the jurisdiction of such Administrative Court or Tribunal extends [and all proceedings in respect of any such matter which may be pending before such other court immediately before the establishment of the Administrative Court or Tribunal [other than an appeal pending before the Supreme Court shall abate on such establishment]:
Provided that the provisions of this clause shall not apply to an Administrative Court or Tribunal established under an Act of a Provincial Assembly unless, at the request of that Assembly made in the form of a resolution, ***[Majlis-e-Shoora (Parliament)] @by law extends the provisions to such a Court or Tribunal.
(3) An appeal to the Supreme Court from a judgment, decree, order or sentence of an Administrative Court or Tribunal shall lie only if the Supreme Court, being satisfied that the case involves a substantial question of law of public importance, grants leave to appeal.
Article 27- (1) No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated against in respect of any such appointment on the ground only of race, religion, case, sex, residence or place of birth:
Provided that, for a period not exceeding @@[twenty] years from the commencing day, posts may be reserved for persons belonging to any class or area to secure their adequate representation in the service of Pakistan:
Provided further that, in the interest of the said service, specified posts or services may be reserved for members of either sex if such posts or services entail the performance of duties and functions which cannot be adequately performed by members of the other sex.
(2) Nothing in clause (1) shall prevent any Provincial Government, or any local or other authority in a Province, from prescribing,in relation to any post or class of service under that Government or authority, conditions as to residence in the Province, for a period not exceeding three years, prior to appointment under that Government or authority.
Source: fab.gov.pk