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 The senior can be considered to have been superseded only if he is considered along with the junior for regular promotion, as distinct from appointment on current, acting or additional charge and the junior is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.
Pay
A civil servant appointed to a post @(or grade) shall be entitled, in accordance with the rules, to the pay sanctioned for such post @(or grade):
Provided that, when the appointment is made on a **(current charge or acting charge basis in the manner prescribed) or by way of additional charge, his pay shall be fixed in the prescribed manner:
Provided further that where a civil servant has been dismissed or removed from service or reduced in rank, he shall, in the event of the order of dismissal, removal from service or reduction in rank being set aside, be entitled to such arrears of pay as the authority setting aside the order may determine.
No. SOR.I(S&GAD)-16-70/77 Dated the 17th May 1982
Subject: OFFICIATING ARRANGEMENTS AGAINST POSTS PENDING REGULAR APPOINTMENT
I am directed to refer to this Department’s circular letter of even number dated 23.07.1979 on the subject noted above and to state that it has been observed that stop-gap arrangements are still being made by posting members of next below cadres against higher posts in their own pay and scale. Once such postings are made the concerned officials represent for grant of pay of the post and such requests are passed on by the Administrative Departments to the Finance Department for concurrence. Since such arrangements are not envisaged by law, the Administrative Departments and appointing authorities under their administration should keep the following instructions in mind before any stop-gap arrangement is made. The appointing authorities shall be held personally responsible for posting of any person against a higher post in disregard to these instructions:
- i) appointment to higher post in own pay and grade has no meaning in law;
- ii) appointment to higher posts even as a stop-gap arrangement should be made with the approval of the Appointing Authority i.e. Administrative Secretary for posts in grade 17 and Chief Secretary for posts in grade 18 and Governor for posts in grade 19 and above;
iii) in case where appointment to higher posts is not possible for one reason or the other the senior-most eligible officer should be given additional charge of the higher post instead of appointing him to the said higher post.