SENIORITY
S&GAD Memo No. SOXII-2-96/59 Dated the 24th December 1959
Subject: DETERMINATION OF SENIORITY OF OFFICIALS WHO ARE
ALLOWED TO WITHDRAW THEIR RESIGNATION
A question has been arisen whether a Government servant who resigned and has subsequently been allowed to withdraw his resignation, should be assigned seniority and given other benefits which would have accrued to him had he not resigned.
2. When a resignation tendered by a Government servant has been accepted and the acceptance has been communicated to him it becomes final. There can be no question of allowing him to withdraw the resignation.
3. Where a Government servant who has tendered resignation withdraws it before it is accepted by the competent authority, or where, after the acceptance but before the acceptance is communicated to him, he is allowed to withdraw the resignation, he continues in the post held by him without a break and the question of re-fixation of his seniority, etc., does not arise.
4. Where an appellate authority finds that the resignation was not tendered voluntarily or that it is otherwise null and void. The appellate authority may reinstate the Government servant concerned. On reinstatement the Government servant shall be regarded as having continued in service throughout.
5. If a Government servant, whose resignation has been accepted and communicated to him, is appointed to Government service thereafter, such appointment shall be regarded as a fresh appointment. The seniority, pension, leave etc. of such a Government servant shall be fixed in accordance with the rules applicable to him as if this appointment was his first appointment, to Government service.
6. There may, however, be cases in which it may not be fair to treat such a re-employed Government servant as a new recruit. It is proposed to give him any benefit in relaxation of the rules, the orders of the Government should invariably be obtained.
No. SORII(S&GAD) 4-11/83 Dated the 4th June 1984
Subject: CONDITIONAL ACCEPTANCE OF RESIGNATION
I am directed to invite your attention to this department’s memo No. SOXII (S&GAD)2-96/59, dated 24.12.1959 under which instructions were issued regarding determination of seniority of officials who are allowed to withdraw their resignation. It has been noticed that competent authorities sometimes accept resignation conditionally which creates complications afterwards when the civil servant whose resignation is accepted, comes forward with a request to withdraw the resignation on the ground that it had not become final due to non-fulfillment of the condition. There is no concept of conditional acceptance of resignation and even if there was one, it could not be intended to allow the official tendering resignation to leave service without fulfilling the condition of acceptance. He cannot obviously be allowed the double advantage of acceptance of resignation without meeting the condition and later on claiming non-acceptance on grounds of his own lapse. It is clarified that the resignation should in no circumstances be accepted conditionally. The decision should be definite and final about acceptance or rejection of the resignation and the decision must be taken and communicated within the period of notice.
No. SOXII(S&GAD)-2-39/62 Dated the 7th September 1962
Subject: DETERMINATION OF SENIORITY OF OFFICIALS TRANSFERRED FROM ONE CADRE TO ANOTHER
I am directed to say that Government has decided that the seniority of officials who are transferred from one group cadre to another should be determined in the manner indicated below:
a) If the transfer from one cadre to another is in the exigencies of public service, the Government servant should be considered to be on deputation from the original group cadre.
b) In case of persons who want to change their domicile and go to a different group cadre on their own request, the Government servant concerned should get the lowest position in the cadre to which he seeks the transfer.
No SOXII(S&GAD) 3-9/66 Dated the 2nd June 1966
Subject: DETERMINATION OF SENIORITY OF OFFICIALS TRANSFERRED FROM ONE CADRE TO ANOTHER
I am directed to refer to this department’s letter No. SOXII(S&GAD), 2-39/62 dated the 7th September, 1962 on the subject noted above, and to say that an issue has arisen about the scope of application of these instructions. The instructions were intended for those Government servants who are temporarily transferred in stray cases from one region to another in the exigencies of public service. They continue to belong to the parent sub-cadres and are on deputation for a specific period. They have eventually to revert to the parent sub-cadres of the region to which they belong; the second category related to transfers at request.
2. On the other hand, certain transfers were ordered as a result of re-organization. Each department has been split up into a number of regions for the purpose of decentralization. Each region has its own sub-cadres so far as Class-II and other lower classes of services are concerned. As a result of re-organization, persons have been assigned to different regions permanently. They are not liable to revert. In such cases, the instructions issued in the above quoted letter will not be applied. Such persons will get their seniority from the date of continuous officiation in a particular grade and will not be placed at the lowest position in a sub-cadre.
3. The integration of West Pakistan, merger of Karachi and the re-organization of sub-cadres of different services were done not to suit the requirement of individual Government servants but in the public interest which needed radical changes. It was, therefore, essential that the seniority of persons concerned should be saved and the continuity of service should not be broken.
4. Under the circumstances these instructions cannot apply to situations like the integration of West Pakistan, merger of Karachi and the administrative re-organization of different services and departments. I am to request that these instructions may be brought to the notice of all concerned.
No SOR-II(S&GAD) 2-36/68 Dated the 8th January 1969
Subject: DETERMINATION OF SENIORITY OF STAFF RENDERED SURPLUS ON THE EVE OF RE-ORGANIZATION
I am directed to say that the question how the seniority of the staff rendered surplus from various departments of the provincial Government on the eve of re-organization of 1962 and absorbed in different departments should be determined, has been engaging the attention of Government for sometime. It has now been decided that the permanent/temporary officials who were rendered surplus should be treated as direct recruits in the departments in which they are absorbed and their seniority should be determined in accordance with the order of merit assigned by the Public Service Commission, Selection Board or the appointing authority, as the case may be. The previous service rendered by them in the abolished department will count only towards leave and pension. Government realize that it will cause some hardship if a senior official is assigned a lower order of merit than a person who was junior to him in the original department. In such a case the commission/selection board/appointing authority may ordinarily assign such a position to the senior official in the order of merit as would be in consonance with his seniority in the original department.
No. SOR.II(S&GAD) 3-39/73 Dated the 23rd November 1974
Subject: FIXATION OF SENIORITY OF OFFICIALS REPATRIATED TO PUNJAB FROM OTHER PROVINCES
I am directed to say that in pursuance of decision of the Governor’s Conference, a number of Punjab domiciled officials have been repatriated to Punjab from Balochistan. The question of fixation of seniority of such officials in their new cadres, pending consideration for some time past, has now been decided by the Government. Their seniority should be determined and fixed in accordance with the principles stated in paragraph 2 of this letter.
2. The officials repatriated from Balochistan can be divided into following two broad categories:
i) Those who were initially recruited in Balochistan; and
ii) Those who were recruited on West Pakistan basis or in the Punjab area but were later on transferred to Balochistan either on account of their general liability to be transferred anywhere or on the formation of regional cadres.
In the case of category (i), the integration formula should be applied, i.e. their seniority should be fixed with reference to the date of continuous officiation in a particular grade. As regards (ii) above, the integration formula will apply subject to the condition that if the officials are reabsorbed in the same cadre and rank in which they were recruited, they shall regain their original position of seniority but if any official was promoted on regular basis during his stay in Balochistan, he shall not be reverted to the lower rank and his seniority shall be fixed in his promotion grade according to the integration formula.
Illustration —
If “A” and “B” were recruited as Assistant Engineers on the recommendation of West Pakistan Public Service Commission and “A” was placed higher in the order of merit and remained in Punjab while “B” was allocated to Balochistan, then if “B” comes back to Punjab as an Assistant Engineer, he should be placed immediately below “A” in the seniority but if he was promoted as XEN by the Balochistan Government on regular basis and “A” still continues to be an Assistant Engineer then the seniority of “B” should be fixed with other XENs in Punjab according to date of continuous officiation in this grade and not with Assistant Engineers. The same will hold true if the position of the two officials in reversed i.e. the Punjab official though junior got promoted while the Balochistan official remained in the same rank.
3. These instructions will not apply in individual cases where the officials concerned had/have been transferred to Punjab from Balochistan and other provinces at their own request. Such officials are treated as fresh recruits for purposes of seniority and shall be governed by orders issued separately in each case.
Government of Pakistan
Cabinet Secretariat
(Establishment Division)
No. F.1/22/89-R.4 Dated the 11th June 1989
Subject: COUNTING OF ARMED SERVICE TOWARDS PAY AND SENIORITY
I am directed to refer to your letter No. SOR.II(S&GAD) 4-8/88, dated the 25th May, 1989 on the above subject and to say that the compulsory service in the Armed Forces Ordinance, 1971 was promulgated on 03.12.1971. Section 9-A which was inserted in the Ordinance ibid in 1978 vide Notification No. 24 (1)/78-Pab., dated 28.01.1978, reads as under:
“Section 9-A Concession to medical practitioners released from service with the Armed forces:
Notwithstanding anything contained in any other law for the time being in force, a medical practitioner who, following his release from service with the armed forces after having rendered satisfactory service under this ordinance for a period of not less than two years enters employment of the Federal Government or a provincial Government shall be entitled to count towards his seniority in such employment the period of service rendered by him under this ordinance and to his pay in such employment being fixed after giving him credit for the service so rendered.”
2. In 1984, vide Notification No. 17 (1)/84-Pub., dated 04.10.1984, the above quoted concession, which was earlier allowed to the Medical Practitioners, only, was also extended to other essential persons. The Essential Personnel (Registration) Ordinance 1948 includes the engineers such as Engineer Civil, Electrical, Mechanical and Wireless etc. in the category of essential personnel.
3. Accordingly, the concession envisaged in Section 9-A of the Ordinance ibid is equally admissible to those engineers who enter employment of the Federal Government or a provincial Government after rendering satisfactory service not less than two years in the Armed Forces under the ordinance ibid.
No. SORII(S&GAD) 3-20/88 Dated the 9th September 1989
Subject: SENIORITY OF OFFICER APPOINTED ON ACTING CHARGE BASIS
I am directed to refer to the subject noted above and to state that a question has arisen about the principle of determination of seniority of a senior person appointed on acting charge basis due to lack of prescribed length of service under rule 10 (a) of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 vis-à-vis his junior who is promoted on regular basis on the ground that he fulfills the condition of having rendered service prescribed for promotion.
2. The matter has been examined and it is clarified that since acting charge appointment is made with the approval of the appropriate Selection Authority, even if such appointment of a senior is followed by regular promotion of the junior, it cannot be termed as supersession of the former in terms of Rule 8 of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974. The senior can be considered to have been superseded only if he is considered along with the junior for regular promotion, as distinct from appointment on current, acting or additional charge and the junior is promoted in preference to the senior on the basis of merit. It has, therefore, been decided that the senior persons otherwise fit for regular promotion, appointed to higher post in temporary arrangement on current charge, acting or additional charge on the ground of lack of requisite service or experience in the line, shall on regular promotion be allowed the benefit of same seniority in the higher post as enjoyed by him in the lower post.
No. SOR.II(S&GAD) 2-25/93 Dated the 15th January 1995
Subject: RESTORATION OF SENIORITY AND GRANT OF PROFORMA PROMOTION
I am directed to refer to the subject noted above and to say that instances have come to the notice that the Provincial Selection Board/Departmental Promotion Committee for promotion due to reason that their Character Rolls are incomplete or service record is not available. Subsequently, on the availability of their record, they are promoted with immediate effect. According to the provisions of Section 7(2) of the Punjab Civil Servants Act, 1974, the seniority is assigned from the date of regular appointment. In the light of Explanation III below Rule 8(I)(b) of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, the question of loss of seniority only arises if the senior is superseded and the junior is promoted in preference to the senior.
2. The Supreme Court of Pakistan in Civil Appeals Nos. 452 to 457 of 1986 of Government of the Punjab vs Rao Shamsher Ali Khan and others has clarified that inter se seniority in such cases is determined under section 7 (4) of the Punjab Civil Servants Act, 1974 which lays down that seniority of a civil servant in relation to other civil servants belonging to the same service or cadre shall be determined in a manner as may be prescribed. This manner of determination of seniority has been prescribed as per provisions of Rule 8 of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, referred to above.
3. Therefore, it has been decided to clarify for the information of all concerned that seniority of a civil servant, being a vested right, cannot be relegated to a lower position unless he is superseded and his junior is promoted in preference to him in terms of Explanation III below sub rule (I) (b) of Rule 8 of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974. It means that a civil servant, who is deferred for promotion and is subsequently promoted, would regain his original seniority automatically. In the light of the decision of the Supreme Court of Pakistan, referred to above in such cases, proforma promotion would not be necessary for restoration of original seniority. However, the cases of proforma promotion for financial benefit would continue to be processed as laid down in this Department’s circular letter No. SOR.II (S&GAD)2-52/73 dated 16th October, 1973.
4. You are requested kindly to bring the contents of this letter to the notice of all concerned for information.
No. SORII(S&GAD) 3-7/97 Dated the 30th June 1997
Subject: DELETION OF NAME FROM THE SENIORITY LIST
It has been noticed that some departments/appointing authorities delete the names of the officers/officials from the seniority lists immediately after their selection against higher posts reserved for initial recruitment through the Punjab Public Service Commission/Selection Authority. This practice is against the spirit of rules and causes inconvenience not only to the concerned officers/officials but also to the departments/organizations as it leads to litigation.
2. It is pointed out that seniority of a civil servant is regulated under Section 7 of the Punjab Civil Servants Act, 1974 read with Rule 8 of the Punjab Civil Servants (Appointment & Conditions of Service) Rules, 1974. The appointing authorities have been invested with the powers to circulate seniority list from time to time under the law/rules ibid. As per Rule 3.15, 3.16 & 3.17 of Civil Services Rules (Punjab) Vol.I Part-I, the name of a civil servant, holding lien against a substantive post can only be struck off from a seniority list if he acquires lien against another post.
3. It is, therefore, requested that appointing authorities may be advised to follow the prescribed procedure as laid down in Rule 3.15, 3.16 & 3.17 of the Civil Services Rules (Punjab) Vol. I, while deleting names of officers who are selected against higher posts by Punjab Public Service Commission/Selection Authorities.