*10-A. Appointment on acting charge basis –
(1) Appointment on acting-charge basis may be made in the manner hereinafter prescribed.
♥(2) The appointing authority may fill a post reserved for departmental Promotion by appointing on acting-charge basis, the most senior civil servant of the cadre or service concerned, who possesses at least three fourth of the prescribed length of service or the experience for the post or both, as the case may be, and is Otherwise eligible for promotion except for the prescribed length of service and the experience.
(3) Where the appointing authority is satisfied on report of the selecting authority that no suitable officer is available to fill a post in a grade 17 and above reserved under the rules to be filled by initial recruitment and it is expedient not to allow the post to remain unfilled, it may appoint to that post on acting-charge basis the most senior officer eligible for promotion to that post.
(4) No appointment on acting charge basis shall be made against a post which is likely to remain vacant for period of less than six months.
(5) No appointment on acting charge basis shall be made without the recommendations of the Departmental Promotion Committee or the Provincial Selection Board as the case may be, but such appointment shall not be deemed to have been made on regular basis for any purpose nor shall confer any right for regular appointment.
@10-B. Appointment on current charge basis –
(1) Where a post is likely to remain vacant for a period of less than ♦one year and the appointing authority does not consider it expedient to make an appointment on ad hoc basis, it may appoint the senior most civil servant, who in the Punjab opinion of the appointing authority, is eligible and suitable for promotion under the relevant rules, on current charge basis.
(2) An appointment made on current charge basis shall come to an end on appointment of a person on regular basis or on the expiry of ♦one year, whichever is earlier.
♦The words “six months” substituted with the words “one year” in sub-rule (1) and (2) vide Notification No. SOR-III-2-58/97 dated 09.09.1999.
**Substituted vide Notification No. SOR-III-1-14/75 dated 17.10.1993. (Previous version of the rule is available at page 23).
♣Inserted vide Notification No. SOR-III(S&GAD)1-14/75 (P) dated 26.10.1992. (History of amendment is available at page 23).
Deleted vide Notification No. SOR-III-1-14/75 dated 23rd July 1990.
♠Proviso added vide Notification No. SOR-III(S&GAD)1-25/2002 dated 22.03.2007.
**11. Appointment by transfer may be made if transfer is prescribed in the relevant service rules as a method of appointment to such post:
(i) from one functional unit to another functional unit if the person holds an appointment on regular basis in the same basic scale and rank as that of the post to which appointment by transfer is proposed to be made provided he possesses the qualifications prescribed for initial recruitment to such posts; or
(ii) from amongst persons holding appointments in Federal Government and other provinces of Pakistan if the person fulfills conditions of appointment to the post to which he is transferred and satisfies such other conditions as may be laid down by the Government in this respect:
Provided that persons holding posts in All Pakistan Unified Grades may be appointed by transfer to a certain number of posts as may be determined from time to time.
- Until the rules laying down the qualifications and other conditions for the purposes of promotion are made, no person shall be promoted to a post in higher grade on regular basis unless he has passed such test as may be specified by the appointing authority to be conducted by the selection authority:
Provided that the Government may dispense with the requirement of passing the test in relation to such posts as may be specified.
- Appointment by promotion on officiating basis
(i) Where a post falls vacant as a result of deputation,♣posting outside cadre, leave, suspension or appointment on acting-charge basis of the #(regular) incumbent or is reserved under the rules to be filled by transfer, if none is available for transfer, the appointing authority may make appointment by promotion against such post on officiating basis:
♠Provided that a post reserved for regular promotion, on deferment of a civil servant due to any reason, may be filled by promotion on officiating basis.
(ii) No person shall be promoted on officiating basis unless he possesses the qualifications and experience prescribed for the post and his promotion as such is approved by the chairman of the appropriate selection authority.
(iii) An officiating promotion shall not confer any right of promotion on regular basis but shall be liable to be terminated as soon as a person becomes available for promotion on regular basis.
(iv) Officiating promotion shall be made on the same terms and conditions as to pay as are prescribed for regular appointment by promotion.
*14. All persons holding posts in the same functional unit who possess the minimum qualifications and experience prescribed for a higher post reserved for departmental promotion, shall be eligible to compete for promotion in the manner and subject to the conditions as may be prescribed.
No. SOR.IV(S&GAD)1-14/75(P) Dated the 21st May 1984
Subject: APPOINTMENT ON ACTING CHARGE/CURRENT CHARGE BASIS
I am directed to refer to this department’s Notification No. SOR.III-1-14/75 dated 26.02.1983, endorsed to you vide even number dated 1st March 1983, on the subject noted above.
- A question has arisen as to whether a civil servant on his appointment on Acting Charge/Current Charge basis can be presumed to have assumed full duties and responsibilities of the post to which he is appointed and can exercise all statutory, financial and administrative powers vested in the regular incumbent of the post. The provisions of Section 16 of the Punjab Civil Servant Act, 1974 envisage payment of full salary of the post to which he is appointed, except in case of ‘Acting’ or ‘Current’ charge arrangements for which a separate manner of payment of emoluments has been prescribed by the Finance Department. When a person is allowed full benefits of a post, he is expected to perform all duties and responsibilities of the same. Exercise of statutory, administrative or financial power is in fact the most important responsibility and a person holding a post should be bound to undertake this responsibility.
- In view of the above position, it has been decided in consultation with Law and Finance departments that a civil servant on his appointment to a post on acting charge or current charge basis shall assume full duties and responsibilities of the post and can exercise all statutory, administrative and financial powers vested in a regular or permanent incumbent of that post.
No. SOR.III-2-58/97 Dated the 3rd November 1997
Subject: APPOINTMENT ON ACTING CHARGE/CURRENT CHARGE BASIS
I am directed to say that according to the provisions of Rule 10-B of Punjab Civil Servants (Appointment & Conditions) of Service Rules, 1974, where a post is likely to remain vacant for a period of less than six months and the appointment on ad hoc basis, it may appoint the senior most civil servant, who in the opinion of the appointing authority, is eligible and suitable for promotion under the relevant rules, on current charge basis. An appointment made on current charge basis shall come to an end on appointment of a person on regular basis or on the expiry of six months, whichever is earlier. Such appointments are made for a short term purely as a stop-gap arrangement and at times when the administrative department cannot leave the posts unfilled.
- The Supreme Court of Pakistan in civil appeals No. 179-187/95, 923/94 and 188 to 190/95 has observed that continuance of acting charge or current charge appointments for a number of years is negation of the spirit of instructions and rules. It has, therefore, been desired that where such appointments are made in public interest, should not continue indefinitely and every effort be made to fill the posts through regular appointments, in shortest possible time.
- I am, therefore, to request you that the observations of the Supreme Court of Pakistan, which have also been circulated/endorsed by the Federal Government, may be brought to the notice of all concerned for strict compliance.
No. SOR.III-2-58/97 Dated the 24th July 1999
Subject: APPOINTMENT ON ACTING CHARGE/CURRENT CHARGE BASIS
I am directed to refer to this department’s circular letter of even number dated 03.11.1997 on the subject noted above wherein attention was invited to the observations made by the Supreme Court of Pakistan in civil appeals No. 179-187/95, 923/94 and 188 to 190/95 that continuance of Acting Charge or Current Charge appointments for a number of years is negation of the spirit of rules. It was, therefore, desired that where such appointments are made in public interest, these should not continue indefinitely and every effort be made to fill in such posts through regular appointment in shortest possible time.
- Accountant General, Punjab, has reported that the above instructions are not being followed by the appointing authorities while making appointments on current charge basis. The current charge appointments are being made against the same posts after a gap of One or Two days, which is against the provision of rule 10-B ibid and need to be regularized with the approval of the competent authority.
No. SOR.I(S&GAD)4-9/2002 Dated the 15th April 2002
Subject: APPOINTMENT ON CURRENT CHARGE BASIS
I am directed to invite your attention to the instructions issued on the subject cited above, vide this Department’s circular letter No. SOR.III.2-58/97 dated 03.11.1997 and 24.07.1999, in which it was clarified that 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 the senior most civil servant, who in the opinion of the appointing authority, is eligible and suitable for promotion under the relevant rules on current charge basis. An appointment made on current charge basis shall come to an end on appointment of a person on regular basis or on the expiry of six months whichever is earlier. Such appointments are made for a short term purely as a stop-gap arrangement and at times when the administrative department cannot leave the posts un-filled.
- The Supreme Court of Pakistan in Civil Appeals No. 179-187/95, 923/94 and 188 to 190/95 observed that continuance of acting charge or current charge appointments for a number of years amount to negation of the spirit of the rules and instructions issued thereunder.
- The Accountant General, Punjab has reported that the provisions of Rule 10-B of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 and the instructions issued thereunder are not being followed by the appointing authorities while making appointments on current charge basis. The current charge appointments are being made against the same posts after a gap of one day or two days, which is against the provision of Rule 10-B of the rules ibid. Such appointments on current charge basis beyond the period of six months (now one year) need to be regularized with the prior approval of the competent authority i.e. Governor Punjab in relaxation of the said rules.
- It has been observed that the appointing authorities are also making appointment on current charge basis against the posts, which are not covered by the service/recruitment rules. The criteria for appointment against these posts on current charge basis has to be got approved from the S&GAD on the analogy of the qualifications prescribed for similar posts. In such cases the concurrence of S&GAD (Regulations Wing) does not appear to have been obtained.
- All such appointments made in violation of the provisions of rule 10-B of the Punjab Civil Servants (Appointment & Conditions of Service) Rules, 1974 and extensions thereof so granted by the appointing authorities are thus irregular and cannot be subscribed by the Regulation Wing for their regularization.
- I have, therefore, been directed to emphasize once again that while making appointments on current charge basis, the appointing authorities should adhere to the provision of Rule 10-B of the Punjab Civil Servants (Appointment & Conditions of Service) Rules, 1974 and other instructions issued there under strictly so as to avoid any inconvenience likely to be faced by the Administrative Departments as a result of violation of rule 10-B of the rules ibid.
NO.SOR-II(S&GAD)3-18/2006 Dated the 19th August 2006
Subject: APPOINTMENTS ON ACTING CHARGE BASIS
I am directed to refer to the subject noted above and to state that an appointment on acting charge basis can be made under Rule 10-A of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974. Sub-rule (2) of rule 10-A ibid provides that:
“Where the appointing authority considers it to be in the public interest to fill a post reserved under the rules for departmental promotion and the most senior civil servant belonging to the cadre or service concerned who is otherwise eligible for promotion does not possess the specified length of service, the authority may appoint him to that post on acting charge basis.”
- It has been observed that the appointments made on acting charge basis are continued for an indefinite long period instead of promoting the incumbents on regular basis after completion of their requisite length of service which entails certain financial as well as administrative complications.
- In view of the above, it is requested that the competent authorities should ensure that the cases of officers/officials promoted on acting charge basis are processed for promotion on regular basis immediately after completion of the requisite length of service in order to avoid complications and unwarranted litigation.
- These instructions may kindly be brought to the notice of all concerned for strict compliance.
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.
- 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.