Federal Govt. Service rules, financial rules, Basic Pay Scales, GPF Rules Finance Division Notifications, Pay and Allowance, Pension Rules
Saturday, February 25, 2012
Tuesday, February 21, 2012
BENEVOLENT FUND AND GROUP INSURANCE
INTRODUCTION:
12.1 Benevolent Fund and Group
Insurance are regulated by the Federal Employees Benevolent Fund and Group
Insurance Act, 1969, as amended vide Act .No.XXV of 1975, Ordinance XLIX of
1980 and Ordinance No.VI of 1988.Broadly speaking, the Act applies to all civil
servants including-
(i) person appointed to the
Secretarial staff of the National Assembly or the Senate, or any officer or
servant of the Supreme Court or of the Election Commission, or
(ii) any officer or servant of such
body Corporate Institutions, Organizations or Autonomous Bodies as the Federal
Government may, by notification in the official Gazette, specify, and
(iii) any such person, officer or
servant, as aforesaid, who is on deputation elsewhere or on foreign service
within the meaning of the Fundamental Rules, or
(iv) undergoing study or training in or
outside Pakistan,
or
(v) on leave
(vi) under suspension;
but does not
include any person who-
(a) is an employee of the Railways?
(b) has attained the age of 60 years; or
(c) is an officer or servant of a
Provincial Government on deputation to Federal Government?
DEFINITIONS:
12.2 The family
for the purpose means-
(a) In the case of
male employee, the wife or wives and in the case of a female employee, the
husband of the employee, and
(b) The legitimate
children, parents, minor brothers, unmarried, divorced or widowed sisters of
the employee wholly dependent upon him.
12.3 The term 'Pay' includes
emoluments, which reckon for pension and the pay an employee would have drawn
but for his deputation, suspension or leave.
Delegation of Financial Powers
FINANCIAL POWERS DELEGATIONS TO SUBORDINATE
AUTHORITIES
SANCTIONS TO EXPENDITURE: (BASIC PRINCIPLES)
11.1 No subordinate authority is
empowered to sanction without the previous consent of the Ministry of Finance
any expenditure, which involves the introduction of a new principle or practice
likely to lead to increase of expenses. Moreover, exercising of financial
powers by a subordinate authority is subject to the observance of any general
or special direction, which the authority delegating or redelegating power may
issue at any time.
11.2 A sanction to expenditure
would be operative only when the funds have been appropriated to meet the
expenditure. In case of sanction to a recurring expenditure covering a
specified term of years it would operate when funds are appropriated to meet
the expenditure of the first year and would remain in operation for each year
of the specified term subject to appropriation in such years.
11.3 The two main principles to be
observed in any system of financial control are economy and regularity, and the
success of any system must depend upon the vigour with which they are observed
in day to day administration, Economy means gelting the full value for money,
and by regularity is meant the spending of money for the purposes and in the
manner prescribed by lav,. The two are not necessarily the same thing, for it
is conceivable to spend money without constitutional irregularity and yet
wastefully.
11.4 While the provisions of the
General Financial Rules Vol. 1 contain general and specific instructions on the
subject, the principles on which emphasis is essentially laid may be
recapitulated as follows:
(a) that
expenditure is incurred with due regard to high standards of financial
propriety;
(b) that funds
allotted to a Ministry/Division, its Attached, or Subordinate Offices are spent
for the purpose for which they are allocated;
(c) that funds
are spent in accordance with relevant rules and regulations;
(d) that the
actual expenditure does not exceed the budget allocation;
(e) that the
expenditure is not prima facie more than (he occasion demands and that every
Government servant exercises the same vigilance in respect of expenditure
incurred from public funds as a person of ordinary prudence would exercise in
respect of expenditure of his own money;
(f) that no
authority exercises its powers of sanctioning expenditure to pass an order
which will be directly or indirectly to its own advantage;
(g) that
public moneys are not utilised for the benefit of a particular person or
section of the community unless:
GPF (CENTRAL SERVICES) RULES
CONSTITUTION
OF THE FUND:
10.1 The Fund was established
under the Provident Funds Act, 1925 as amended from time to time. Originally
the subscription to the General Provident Fund was optional, but from 1st September, 1953 it has
been made compulsory. Now all Federal Government employees including
re-employed personnel having rendered service for more than two years are
compulsorily required to subscribe to the General Provident Fund. The
Ministers/Ministers for State of (the Federal Government are, however, required
to subscribe to the General Provident Fund, from the date of their induction
into office.
SUBSCRIBERS
ACCOUNT:
10.2 As soon as a Government
servant is due to complete two years service, intimation to that effect should
be sent to the Accounts Officer concerned and the latter may be asked to allot
a General Provident Fund account number to the Government servant. When a
number has been allotted, the subscription should be started. The General
Provident Fund account number should be quoted invariably on the schedules and
in all correspondence with the accounts officer on the subject.
CONDITIONS
AND RATES OF SUBSCRIPTION:
10.3 The subscription to the
General Provident Fund is made by deduction from the monthly pay bills. If a
Government servant is on Foreign Service, he can pay his subscription in cash
in a Government treasury and forward the treasury challan to the respective
accounts officer. The suspension can be suspended during leave and suspension.
PENSION RULES
TERMS USED IN THE PENSION RULES EXPLANATION:
9.1 The various terms used in the pension
rules are explained below:
(i)
Age.
When a Government Servant is required to retirement, or cease to be on leave,
on attaining a specified age, the day on which he attains that age is reckoned
as a non-working day, and the Government servant must retire, revert, or cease
to be on leave (as
the case may be) with effect from and including that day (Art. 14 CSRs).
the case may be) with effect from and including that day (Art. 14 CSRs).
(ii)
Family.
The 'family' for the purpose of entitlement of gratuity/ pension benefits under
the Pensioncum Gratuity Scheme includes the following relatives of the
Government Servant:
(a) wife or
wives, in the case of a male Government servant (unless there is a judicial
separation wife continues to be a member of the Government servant's family
irrespective of the fact whether she has been living with him or not);
(b) husband,
in the case of female Government servant (a female Government servant can
exclude her husband from being a member of her family);
(c) children
of the Government servant;
(d) widow or
widows and children of a deceased son of the Government servant Pension-cum-Gratuity
Scheme 1954)
(iii)
Foreign Service.
Means, service in which a Government servant receives his substantive pay with
the sanction of Government from any source other than the revenue of the
Government of Pakistan or of a Province or the Railway Fund (Art. 27 C.S.Rs).
(iv)
General Revenue.
For the purposes of pension include Provincial Revenues. (Art. 28 C.S.Rs)
(v)
Local Fund.
The expression 'Local Fund' denotes:
(a) revenue
administered by bodies which by law come under the control of the Government
whether in regard to the proceedings generally or to specific matters such as
the sanctioning of their budgets, sanction to the creation or filling up of
particular appointments, the enactment of leave, pension or similar rules;
(b) the revenues of
any body which may be specially notified by the Government as such. (Art. 33
C.S.Rs)
(vi) No Demand Certificate. Means a
certificate by the Department concerned that all the dues against the retiring
Government servant up to the date of retirement have been realized and nothing
is now outstanding against him. Such a certificate is also required to be
obtained from the Estate Office concerned.
(vii) Pension. a periodical payment made
by Government in consideration of past services rendered by a Government
servant.Except when the term "Pension" is used in contradistinction
to Gratuity "Pension" includes Gratuity. (Art. 41 C.S.Rs)
(viii)
Rule of Proportions.
Pension is chargeable according to the "Rule of Proportions" when the
charge is debitable to several accounts in the proportions in which, the
aggregate pay drawn by the Government servant during the whole of his qualifying
service has been paid from them. (Art. 45 C.S.Rs)
CLASSIFICATION OF PENSION:
9.2 Compensation Pension.(a) If a Government
servant is selected for discharge owing to the abolition of a permanent post,
he shall, unless he is appointed to another post, the conditions of which are
deemed by authority competent to discharge him to be at least equal to those of
his own, have the option:
(i) of taking any
compensation pension or gratuity to which he may be entitled for the service he
has already rendered, or
(ii) of accepting
another appointment or transfer to another establishment even on a lower pay,
if offered, and continuing to count his previous service for pension.
Note. Government servant cannot refuse
offer of alternate employment.
(b) A Government
servant not employed in a substantive permanent capacity is granted
Compensation Gratuity/Pension if he is discharged aftercompleting qualifying
service of 10/25 years or more owing to the abolition of his post or is
replaced by a "qualified" candidate.
[Finance Division O.M No OB-2/12/63-Imp
(I) dated 18-8-1966].
9.3 Invalid Pension. (a) An invalid
pension is awarded, on his retirement from the public service, to a Government
servant who by bodily or mental infirmity is permanently incapacitated for the
public service, or for the particular branch of it to which he belongs. The
infirmity has, however, to be certified by a duly constituted Medical Board.
(b) If a
temporary Government servant is retired for inefficiency due to mental or
physical infirmity he shall be allowed pensionary benefits as if he was
required to retire in terms of Rule 10-A, of the Fundamental Rules.
(c) In case an
officer dies before his retirement, his pension is calculated, as if he was
retired on Invalid Pension on the date following the date of his death. (Pension-cum
Gratuity Scheme, 1954)
9.4 Superannuation Pension. A
superannuation pension is granted to a Government servant who is entitled or
compelled, by rule, to retire at a particular age. (Art. 458 C.S.Rs)
In terms of Civil
Servants (Amendment) Act, 1976 a civil servant is required to retire on
completion of 60 years of age.
9.5 Retiring Pension.(i) A retiring
pension is granted to a Government servant who is permitted to retire after
completing qualifying service of 25 years.Such a pension is also granted to
Government servant who is required by Government to retire after completing
twenty five years qualifying service or more.
(ii) Subject to
provisions of Essential Services (Maintenance) Act, 1952, a Government servant
other than a Government servant against whom a departmental proceeding is
pending has the right to retire from service after completion of 25 years
qualifying service. Such a Government servant shall, at least three months
before the date on which he intends to retire, be required to submit a written
intimation to the authority competent to fill the appointment by him at the
time of submitting that intimation indicating the date on which he intends to
retire. Such intimation, once submitted shall be final and shall not be allowed
to be modified or withdrawn. However, before formal acceptance of the request
he may, if so, desired, withdraw his application for premature retirement.
(iii) Government has
the right to retire any Government servant after he has completed 25 years
qualifying service.
[Finance
Division O. M. No. OB-2/l2/63-Imp (l) dated 18-8-I966].
(iv) The term
retirement used in Section 19(1) of the Civil Servants Act, 1973 includes
"Compulsory Retirement" under the Government servants (Efficiency
& Discipline) Rules, 1973.
(v) In case of
voluntary retirement of Government servants the Heads of Departments are
responsible for ensuring verification of qualifying service by the Audit within
one month from the date of receipt of application for voluntary retirement
after 25 years qualifying service. If the qualifying service comes out to be
less than 25 years, the Government servant will have to continue in service
till he completes that length of service. The fact of the shortfall in the
qualifying service should be pointed out by the Head of the Department to the
Government servant concerned before the expiry of the three months notice
period.
[Finance Division O.M No F 8(5)-Reg.(6)/73
dated 4-1-1975
read with Auditor General letter No. 32-A/69-66, dated 6-2-1975.]
SUPPLEMENTARY RULES
EXTENT OF APPLICATION (S.R.1):
8.1 The Supplementary Rules apply to those
Government servants only who are governed by the Fundamental Rules and their
pay is debitable to the Federal Revenues.
DEFINITIONS
(S.R.2):
8.2 Some of the important items defined
below have been used in the Supplementary Rules in the sense here explained:
(i)
Actual Traveling Expenses means the actual cost of transporting a Government
servant with his domestic servants and personal luggage, including charges for
ferry and other tools and for carriage of camp equipment, if necessary. It does
not include charges for hotels, traveller’s bungalows or refreshments, tips and
expenses on breakage of crockery and furniture, etc.
(ii)
Apprentice
means a person deputed for training in a trade or business with a view to
employment in Government service, who draws pay at monthly rates from the
Government during such training but is not employed in or against a substantive
vacancy in the cadre of a Department.
(iii)
Camp Equipage means apparatus
for moving a camp.
(iv)
Camp Equipment means tents and
the requisites for pitching and furnishing them or, where tents are not
carried, such articles of camp furniture as it may be necessary, in the
interest of the public service for a Government servant to take with him on
tour.
(v)
Competent authority in relation to the exercise of any power means the
President or any authority to which the power is delegated by or under these
rules.
(vi)
Day
means a calendar day beginning and ending at midnight; but an absence from headquarters which does not
exceed 24 hours is reckoned for all purposes as one day at whatever hours the
absence begins or ends.
(vii) Family means a Government servant's wife, Legitimate Children and
step-children, residing with and wholly dependent upon him. Except in S.Rs.
116,155-A, 155-B and 163, it includes in addition his parents, sisters and
minor brothers, if residing with and wholly dependent upon him. Not more than
one wife is included in a family for the purpose of these rules.
[Ministry of Finance Note No.F 2(8) R.9
830]
The term legitimate
children in the rule do not include adopted children except those adopted under
the Hindu Law.
In case of
Government servants not subject to Hindu Law also an adopted child will be
treated as a member of Government servant's family subject to the following
conditions:
(i) The Government
servant has no legitimate or step child of his own;
(ii) prior approval
of the head of Ministry/Division is obtained for adopting child;
(iii) Government
liability will be restricted to one adopted child only; and
(iv) an adopted
child will cease to be a member of the family if after his adoption the
Government servant has a legitimate or step child of his own.
[Finance Division O. M. No. E. 7(27) R-2
(RWP)/63. dated 27-12-19651.
(viii) Grain Compensation Allowance means a
form of compensatory allowance which may be granted to low paid Government
servant on account of a temporary or abnormal rise in prices of food grains in
the locality where they serve.
(ix) Head of Department means any authority
which the President may by order declare to be the Head of a Department for the
purpose of these rules.
(x) Holiday means (a) a holiday prescribed or notified under section 25 of the
Negotiable Instruments Act 1881, and
(b) in relation to
any particular office, a day on which such office is ordered, by Notification
of the Government in Gazette, to be closed for the transaction of Government
business without reserve or qualification.
(xi)
Probationer
means a Government servant employed on probation in or against substantive vacancy
in the cadre of a department.
Explanation According to
Audit Instruction (2), below F. R. 9(6), the term "Probationer" does
not cover a Government servant who holds substantively a permanent post in a
cadre and is "on probation" to another post. To differentiate between
a "probationer" and a person "appointed on probation' it has
been explained, that while a 'probationer' is one appointed in or against a
post substantively vacant with definite condition of probation, a person 'on
probation' is one appointed to post (not necessarily vacant substantively), for
determining his fitness for eventual substantive appointment to that post.There
is nothing in these' Audit Instructions to prevent a Government servant
substantive in one cadre (e. g. a First Division Assistant holding a lien on a
post borne on the Central Secretariat Service, Class II) from being appointed
(either through selection by a departmental committee or as a result of
competitive examination through the Federal Public Service Commission) as a
"probationer" in or against a post borne on another cadre (like the
Pakistan Audit and Accounts Service, the Customs Service and the Income Tax
Service, Class I), when definite conditions of probation such as the passing of
departmental examinations are prescribed. In such a case, the Government
servant should be treated as a "probationer" and (subject to specific
rules, if any, to the contrary) allowed only, as initial and subsequent pays,
the rates of pay prescribed for the probationary period, irrespective of
whether those rates are actually included in or shown separately from, the time
scales of the services concerned. The case of departmental candidates of the
same Department promoted by selection (e. g. an S. A. S. Central Service Class III, Superintendent or an A. A. O. of the Pakistan
Audit Department promoted by selection to the Pakistan Audit and Accounts
Service within the quota for such promotion) is, however, different. If the
concerned Ministries/Divisions of the Government of Pakistan consider it
expedient, these "promoted" men may properly be put "on
probation" for a period to sec if they make good in the actual work of a
Class I officer and have liens (active or suspended) retained for them on their
former posts, meanwhile to provide for their possible reversion. But, whatever
the departmental arrangements be to test their capacity etc., during the "on
probation" period, their initial pay should be fixed under the operation
of the normal rules regulating pay fixation.
(xii)
Public Conveyance
means a train, steamer, or other conveyance which plies regularly for the
conveyance of passengers.
FUNDAMENTAL RULES
INTRODUCTION:
7.1
The Fundamental Rules were enforced by the late Government of India with
effect from the 1st January,
1922, to regulate the conditions of service, such as, age of
retirement, leave, joining time, fixation of pay, dismissal, removal from
service and suspension, travelling allowance etc. in replacement of
corresponding rules in the Civil Service Regulations. These are among the few
sets of very old rules which on independence were inherited from the late
Government of India. There were then two sets of Fundamental Rules, the one
which were applicable to the members of Services subject to the rule-making
control of the late Secretary of State-in-Council and the other which were
applicable to the members of the Services subject to the rule-making control of
the Governor-General-in-Council. In the wake of Independence control of all Services and
Cadres was transferred to the Governor-General-in-Council. In consequence the
Fundamental Rules in the first category became applicable to all Government
servants whose pay was debitable to the civil estimates.
VALIDITY
OF FUNDAMENTAL RULES:
7.2 The
Fundamental Rules have remained in force with necessary adaptations and
modifications, etc. on the strength of saving provisions in the successive
constitutional enactments. Article 268 of the 1973 Constitution, read with
Article 2 of the Provisional Constitutional Order, 1981 (CMLA Order of 1981)
may be referred to in the present context. Attention may also be invited to
Article 241 of the Constitution and Sub-section (2) of Section 25 of the Civil
Servants Act, 1973, according to which any rules, orders or instructions in
respect of any term and condition of service of Civil Servants duly made or
issued by an authority competent to make them and in force immediately before
the com-
mencement of the Act shall, in so far as such rules, orders or instructions are not inconsistent with the provisions of the Act shall be deemed to be rules made under the Act. All previous rules have to be read in the light of this legal and constitu tional position. The leave and T. A. Rules contained in the Fundamental Rules have since been replaced by new set of rules. The age of retirement of Government Servants is now regulated under Section 13 of the Civil Servants Act, 1973.
mencement of the Act shall, in so far as such rules, orders or instructions are not inconsistent with the provisions of the Act shall be deemed to be rules made under the Act. All previous rules have to be read in the light of this legal and constitu tional position. The leave and T. A. Rules contained in the Fundamental Rules have since been replaced by new set of rules. The age of retirement of Government Servants is now regulated under Section 13 of the Civil Servants Act, 1973.
7.3 Section 23 of the
Civil Servants Act, 1973 provides that provisions of the Act or any rules shall
not be construed to limit or abridge the powers of the President to deal with
the case of a civil servant in such manner as may appear to him to be just and
equitable. This is, however, subject to the condition that his case will not be
decided in any manner less favourable to him that the provisions of the Act or
such rule.
EXTENT
OF APPLICATION:
7.4 The Fundamental
Rules apply to all Government servants who are subject to the rule-making power
of the President and whose pay is debitable to civil estimates and to any other
class of Government servants to which the President may by general or special
order declare them to be applicable.
7.5 The Fundamental
Rules do not apply to Government servants whose conditions of service are
governed by Army, Navy and Air Force Regulations. If any officer of these
services is temporarily transferred to service paid from Civil Estimates, he
will ipso facto, become subject to the Fundamental Rules except for leave rules
while so transferred. On the contrary, however, a Government servant, paid from
Civil Estimates, who is temporarily transferred to service paid from Defence
Estimates, will continue to remain subject to the Fundamental Rules.
7.6 The powers specially
granted by the Fundamental Rules to Local Governments may be exercised by them
in respect of the Government servants under their administrative control. These
powers may be exercised by the President in respect of all other Government
servants.
7.7 The Provincial
Governors exercise the powers to make rules or general orders as conferred upon
Local Governments by the Fundamental Rules. A Local Government may relax the
provisions of rules or orders so made by it in such a manner that it is just
and equitable, subject to the limit of its powers to make such rules and
orders. This is subject to the condition that where such rule or order is
applicable to the case of any person, the case should not be dealt with in any
manner less favourable to him than that provided by the rule or order.
7.8 The powers conferred
upon the Local Government by the Fundamental Rules can be delegated to any of
its officers, subject to any conditions it may think fit to impose, with the
following exceptions: -
(i) All powers to make rules; and
(ii) the other powers conferred by rules 6,
9 (6) 44, 45-A, 45-B, 45-C, 108-A, 119, 121 and 127 (C) and the first proviso
to clause (i) of rule 30.
7.9 The powers delegated
by the Government of Pakistan in its capacity as a Local Government under
different Fundamental Rules, are contained in Appendix 4 of F. R. Vol II as
amended from time to time.
7.10 The powers under Fundamental
Rules may be exercised or delegated only after consultation with the Ministry
of Finance. It is for the Ministry of Finance to prescribe by general or
special order, cases in which its consent may be presumed to have been given.
7.11 The powers to interpret the
Fundamental Rules is reserved to the President of Pakistan.
DEFINITIONS
AND ORDERS ISSUED UNDER F, R. 9:
7.12 Unless there is
something repugnant in the subject or context, the terms defined below ate used
in the rules in sense here explained:
(1)
Act. The act means the
Government of India Act, 1935 as adapted by the Pakistan (Provisional Constitution)
Order, 1947.
(2)
Average Pay. Average pay means
the average monthly pay earned curing the twelve complete months immediately
preceding the month in which the event occurs, which necessitates the
calculation of average pay.
The "12 complete months" given
above should be interpreted literally, e. g. a Government servant, who has been
on leave from the 23rd March, 1986, to 22nd July, 1986, inclusive is granted
leave from 4th February, 1987, the average pay is to be calculated on the pay
earned from 1st February, 1986 to 22nd March, 1986, and 23rd July, 1986 to 31st
January, 1987. If the Government servant happens to be on leave for more than
12 months immediately preceding the month in which the leave is taken, the
average should be taken of the monthly pay earned during the 12 complete months
immediately preceding the months in which the previous leave commenced.
In
the case of a Government servant on foreign service out of Pakistan lasting for more than 12
months who, on reversion to the Government service, immediately takes leave,
the calculation of average pay should be based on the pay drawn by him during
the 12 complete months proceeding the month in which he was transferred to
foreign service.
The
period of joining time taken either under clause (b) or under clause (c) of F.
R. 105 during the preceding 12 months should be ignored in calculating average
pay as no pay is drawn in respect of such joining time.
Where
the Government servant belongs to a vacation Department, the vacation falling
in the period of 12 complete months immediately preceding the month in which
the leave is taken should be treated as duty and the pay drawn bythe Government
servant during the vacation should be taken into account in determining his
leave salary during the succeeding leave.
(3) Cadre. Cadre means the strength of a service or a part of
a service sanctioned as a separate unit.
(4) Compensatory Allowance. (i) Compensatory Allowance means an allowance granted to meet
personal expenditure necessitated by the special circumstances in which duly is
performed. It includes a travelling allowance but does not include a sumptuary
allowance nor the grant of free passage by sea to or from any place outside Pakistan.
(ii)
The circumstances which justify the grant of special pay to an officer are
entirely different in character from those which justify the grant of a
compensatory allowance, a difference emphasized in the definitions of those
terms embodied in the F. Rs. These definitions should be strictly construed, and
an exact compliance required with the conditions stated in them as antecedent
to the grant of either special pay or compensatory allowance.
(iii)
In view of the importance attached to the correct classification of additions
to pay such as special pay and compensatory allowance, the reasons for the
grant of such additions to pay should be briefly recorded in the letter
conveying the sanction.
(5)
Duty. ----Duty includes: -
(A)(a) Service as a probationer
or apprentice, provided that such service is followed by confirmation.
(b)
Joining time.
(B) A local Government may issue orders
declaring that in circumstances similar to those mentioned below; a Government
servant may be treated as on duty:
(a)
In the case of a student stipendiary or otherwise, who is entitled to be
appointed to the service of the Government on passing through a course of
training at a university, college or school in Pakistan, during the interval
between the satisfactory completion of the course and his assumption of duties?
(b)
During preparation in Pakistan
for an examination in any oriental language.
(c) On the first arrival in Pakistan of Government servants appointed in England who do not, before they report themselves at the seat of the Local Government servant concerned, receive orders to take charge of a specified post, during the interval between the date of such report and the date on which they take charge of their duties.
(c) On the first arrival in Pakistan of Government servants appointed in England who do not, before they report themselves at the seat of the Local Government servant concerned, receive orders to take charge of a specified post, during the interval between the date of such report and the date on which they take charge of their duties.
(C) In terms of (5) (B) above the President
has issued the following general orders applicable to all Government servants
under his administrative control:
(i) A Government
servant who has been substantively appointed to a post or cadre in Government
service is treated on duty during any course of instruction or training which
he may be required or permitted to undergo in accordance with the terms of any
general or special order of the President.
(ii)
A student, stipendiary or otherwise, who is entitled to be appointed to the
Government service on passing through a course of training at a university,
college or school is, unless in any case it be other wise expressly provided in
the terms of his appointment, treated as on duty during the interval between
the satisfactory completion of the course and his assumption of duties.
(iii)
A Government servant is treated on duty during any period he is permitted to
spend in preparation for an examination in Urdu, Persian or Arabic. The period
to be spent in preparation is limited to six months in the case of examination
by the Degree of Honour Test in Arabic or Persian and to three months in all
other cases.
(iv)
When a Government servant is treated as on duty under (i) to (iii)above, his
right to draw during such period any Compensatory Allowance attached to the
post on which he holds lien is governed, as though he was on leave, by S. R. 6
et seq.
(v)
The period spent in training and on the journey to and from the place of
training by the Reservists of the Pakistan Army and Pakistan Navy in Civil
Government employ, when called upon for periodical military and naval training
respectively is treated as on duty for purposes of civil leave and increment of
civil pay.
(vi)
The period spent by an employee of the Federal Government on the Civil Defence
Training with the permission of the Head of his office is treated as duty.
(vii)
A Government servant required to attend an obligatory departmental examination,
or permitted to present himself at an examination the passing of which is a
condition of preferment in Government service may be treated as on duty during
the day or days of examination and during the reasonable time required for the
journey, if any, to and from the place of examination- in this connection the
Government have decided that the phrase "obligatory examination"
covers only compulsory or optional examination for promotion within the normal
scope of the Government servant's department or office.
Note. According
to audit rulings the status of a probationer is so be considered as having the
attributes of a substantive status except where the rules prescribe otherwise.
No person appointed substantively to a permanent post in a cadre is a
probationer, unless definite conditions of probation have been attached to his
appointment, such as the conditions that he must remain on probation pending
the passing of certiain examination. The term 'probationer' does not cover a
Government servant, who holds substantively a permanent post in a cadre and is
appointed on probation to another post.
(6-A) Fee---- Means a recurring or
non-recurring payment to a Government servant from a source other than general
revenues, whether made directly to the Government servant or indirectly through
the intermediary of Government.
(7)
Foreign Service,
Means service in which a Government servant receives his substantive pays with
the sanction of Government from any source her than the revenues of the
Governor General or of a Province or the Railway Fund
(8) General Revenues of Pakistan:
---Includes
the revenues allocated to ocal Government and exclude the revenues of Local
Funds.The term 'General Revenues of Pakistan’ is no longer an
appropriate term. Since the recasting of this erm will necessitate several
modifications in other rules, it is proposed that this efinition may be allowed
to stand for the present.
(9) Honorarium. Means a recurring or non-recurring payment granted
o a Govemrnent servant from general revenues as remuneration for special work f
an occasional or intermittent character.
(10) Joining Time. Means the time allowed
to a Government servant in hich to join a new post or to travel to or from a
station to which he is posted.
(11) Leave on Full or Half Pay-Means leave on
leave salary equal to he pay or half pay last drawn by the Government servant
before the commencement of the leave.
(12) Leave Salary.
Means the monthly amount paid by Government to
a Government servant on leave.
a Government servant on leave.
(13)
Lien.
Means the title of a Government servant to hold substantively either
immediately or on the termination of a period or periods of absence, a
permanent post, including a tenure post, to which he has been appointed
substantively.
(14)
Local Fund. Means
(a) revenues
administered by bodies which by law or rule having theforce of law come under
the control of the Government, whether inregard to the proceedings generally or
to specific matters, such asthe sanctioning of their budgets, sanction to the
creation or filling up of particular posts or the enactment of leave, pension
or similarrules; and
(b) the
revenues of any body which may be specially notified by the President as such.
(15) Local Government. Local Government for the purposes of
these
rules does not include a Chief Commissioner.
rules does not include a Chief Commissioner.
(16)(a) Military Commissioned Officer. Means a
commissioned officer other than
(i) a departmental commissioned officer;
and
(ii) a commissioned
officer of the Pakistan Medical Department. It does not include a warrant
officer.
(b)
Military Officer.Means any officer
falling within the definition, of military commissioned officer, or included in
sub-clause (i) or (ii) of clause (a) above or any warrant officer.
(17) Ministerial Servant.Means a Government servant of a
subordinate service whose duties are entirely clerical and any other class of
servant specially defined as such by general or special order of a Local
Government.
The members of Class II service
whose duties are predominantly clerical are classed as ministerial servants.
Note. With
effect from the 21st August,
1973 all 'classes-' among Government servants, have been abolished
and replaced by a unified graded structure. Consequently, the old defination as
in the above rule may be construed, in the present context, to apply to all
Government servants Grade 16 and below whose duties are entirely or
predominantly clerical.
(18) Month.Means a calendar month. In calculating a
period expressed in terms of months and days, complete calendar months,
irrespective of the number of days in each, should first be calculated and the
odd number of days calculated subsequently.
For
the sake of illustration in calculating a period of 3 months and 20 days from 25th
January, 3 months should be taken as ending on 24th April, and the 20 days on
the 14th May. In the same way the period from 30th January to 2nd March should
be reckoned as 1 month and 2 days, because one month from 30th January ends on
28th February. A period of one month and 29 days commencing from 1st January
will expire in an ordinary year (in which February is a month of 28 days) on
the last day of February, because a period of 29 days cannot obviously mean to
exceed a period of full calendar month and leave for 2 months from 1st January
will end on the last day of February. The same would be the case if February
was a month of 29 days or if the broken period were 28 days (in an ordinary
year).
(19) Officiate. A Government servant officiates in a
post when he performs the duties of a post on which another person holds a
lien. A Local Government may, if it thinks fit, appoint a Government servant to
officiate in a vacant post on which no other Government servant holds a lien.
In
the case of a Government servant with a substantive post on a permanent
establishment, who is appointed to officiate in a permanent post which is
substantively vacant or which is temporarily vacant in consequence of the
absence of the substantive incumbent on extraordinary leave or on transfer to
foreign service, and is allowed to draw the full officiating pay or salary
admissible under the rules, the difference between the substantive pay and
officiating pay counts as emoluments for pension.
(20)
Deleted.
(21) Pay .Means the amount drawn monthly by a
(a) Government servant as:
(a) Government servant as:
(i) the pay, other than special pay or pay
granted in view of his personal qualifications which has been sanctioned for a
post held by him substantively or in an officiating capacity, or to which he is
entitled by reason of his position in a cadre.
(ii) technical pay special pay and personal
pay; and
(iii) any other emoluments which may be
specially classed as pay by the Governor-General.
(b)
In the case of a military officer pay includes the amount which he receives
monthly, under the following designations: -
(i) pay of appointment, lodging allowance
and marriage allowance; and
(ii) pay of rank, command pay, additional
pay, Pakistan Armyallowance, lodging allowance and marriage allowance.
The following also are classed as pay:
----
Judicial pay,
language pay, Staff pay, Frontier allowance, and Pashto allowance.
(22) Permanent Post.Means a post carrying a definite rate of
pay sanctioned without limit of time.
(23) Personal Pay.Means additional pay granted to a
Government servant:
(a) to
save him from the loss of substantive pay in respect of apermanent post other
than a tenure post due to a revision of pay orto any reduction of such
substantive pay otherwise than as adisciplinary measure; or
(b) in
exceptional circumstances, on other personal considerations.
The cases in
which it is proposed to grant personal pay under 9(23) (b) should be referred
to the Ministry of Finance through the administrative Ministry concerned. No
case can be entertained which is not of an entirely exceptional character and
in submitting cases for the grant of personal pay this should be carefully
borne in mind.
(24) Presumptive Pay. Presumptive pay of a
post, when used with reference to a particular Government servant, means the
pay to which he would be entitled if he held the post substantively and were
performing its duties but it does not include special pay unless the government
servant performs or discharge the work or responsibility or it is exposed to
unhealthy conditions, in consideration of which the special pay was sanctioned.
(25)
Special Pay. Means an addition of
the nature of pay, to the emoluments of a post or of a Government servant,
granted in consideration of
(a) the
specially arduous nature of the duties; or
(b) a
specific addition to the work or responsibility; or
(c) the
unhealthiness of the locality in which the work is performed.
A provision in
the contract of a Government servant appointed to particular post that he
should "also do all things that may be required of him" does not
contemplate his being required to perform onerous additional duties in another
post without remuneration.
(26) Deleted.
(27) Subsistence Grant. Means a monthly
grant made to a Government servant who is not in receipt of pay or leave
salary.
(28)
Substantive Pay.Means the pay other
than Special pay, personal pay. or emoluments classed as pay by the
Governor-General under Rule 9(21) (a) iii) to which a government servant is
entitled on account of post to which he has been appointed substantively or by
reason of his substantive position in a cadre.
Marriage Allowance and Lodging Allowance of Military Officers in the Army
come within the definition of "substantive pay" so long as they
continue to be treated as part of 'pay'.
(29) Techinical Pay. Means pay granted to a Government
servant by
virtue of his possessing minimum technical qualifications required for a post.
virtue of his possessing minimum technical qualifications required for a post.
The definition given in the F. R. is
obsolete.
(30) Temporary Post. (i) Means a post carrying a definite rate
of pay
sanctioned for a limited time.
sanctioned for a limited time.
(ii) The temporary
post can be held either substantively or in an officiating capacity. But the
substantive appointment to the temporary posts should be made in a limited
number of cases as e. g., when posts are for all intents and purposes
quasi-permanent or when they have been sanctioned for a period of not less than
or there is reason to believe that they will not terminate within a period of
three years. In all other cases, appointment to temporary posts would be made
in an officiating capacity only.
(30-A)Tenure Post: --- Means a permanent post which an
individual Government servant may not hold for more than a limited period.
(31)(a) Time Scale Pay. Means pay which subject to any
conditions prescribed in the rules, rises by periodical increments from a
minimum to a maximum.
(b) Identical Time Scale. Time scales are said to be
identical if the minimum, the maximum, the period of increment and the rate of
increment of the time-scales are identical.
(c) Same Time Scale. A post is said to be on the same
time-scale as another post on a time-sca!e if the two time-scales are identical
and the posts fall within a cadre, or a class, in a cadre, such cadre or class
having been created in order to fill all posts involving duties of
approximately the same character or degree of responsibility, in a service or
establishment or group of establishments so that the pay of the holder of any
particular post is determined by his position in the cadre of class and not by
the fact that he holds that post.
(32) Travelling Allowance. Means an allowance granted to a Government
servant to cover the expenses which he incurs in travelling in the interest of
the public service. It includes allowances granted for the maintenance of
conveyances, horses and tents.
GENERAL CONDITIONS OF SERVICE
PRODUCTION
OF HEALTH CERTIFICATEON FIRST APPOINTMENT (F. R. 10):
7.13 No person can be appointed to a
post in Government service in Pakistan
without a medical certificate of health. This certificate must be affixed to
the first pay bill to be submitted to the audit officer or the treasury officer
as the case may be. The Local Governments can make rules prescribing the form
in which the medical certificates are to be prepared and the particular medical
officer or other officer by whom they can be signed. A Local government, may,
however, in individual cases, dispense with the production of a certificate,
and may by general orders exempt any specified class of Govemnment servants
from the operation of these rules.
7.14 The rules framed by the Federal
Government in its capacity as Local Government are contained in S. Rs. 3, 4 and
4-A. (Please see para 8.3-7).
7.15 Once a person has been asked to
produce a medical certificate of fitness and has actually been examined and
declared unfit, it is not open to the Local Government to use their discretion
to ignore the certificate that has been produced.
MEDICAL
EXAMINATION DURING THE COURSE OF SERVICE (F. R. 10-A):
7.16 Where an authority competent to
fill the post held by a Government servant, is of the opinion that the
Government servant is suffering from a disease which renders him unfit for the
proper and efficient discharge of his duties or from a disease which is
communicable and is likely to endanger the health of the other Government
servants, the Government servant concerned may be required to appear before the
medical authority for medical examination. If the medical authority concerned,
after examining the Government servant, certifies that he requires a period of
absence from duty for the purpose of rest and recreation and that there is a
reasonable prospect of recovery, the competent authority may grant him leave
including extraordinary leave for such period as the medical authority
recommends. The leave will be granted if it is due and admissible to the
Government servant and in a manner as if the Government servant had himself
applied for the leave.
7.17 In case the medical authority
alter examining the government servant certifies that he is permanently
incapacitated for service, the finding of the medical authority should be
communicated to the Government servant immediately. The Government servant may
witnin 7 days of the receipt by him of the official intimation of the findings
of medical authority apply to the Director-General, Health for a review of his
case by second medical board. Such an application should be accompanied by a
fee. the amount of which will be fixed by the Director-General, Health. The
Director-General then should arrange for convening of a reviewing medical board
which should consist of persons who were not the members of the first medical
board. If the reviewing medical board also certified that the Government
servant is incapacitated for further service, the competent authority may
require the Government servant to retire from service and grant to him such
invalid pension or gratuity as may be admissible under the rules. This will be
granted as if the Government servant had himself applied for an invalid
pension.
7.18 In case the reviewing medical
board is of the opinion that the Government servant is fit for Government
service, he should be reinstated forthwith and the period of absence treated as
duty. If, however, the board certifies that the Government servant is not fit
but there is a reasonable prospect of his recovery he may be granted such leave
as is recommended by the board and is due and admissible to him.
7.19 Where a Government servant does not
apply for a review of his case within 7 days of the receipt of the official
intimation of the findings of the first medical board, the competent authority
may require him to retire from service and grant to him invalid pension or
gratuity as admissible under the rules.
7.20 The Federal Government may make rules
prescribing the form in which the medical certificate should be prepared and
the medical officers by whom it should be signed.
WHOLE-TIME
EMPLOYMENT (F.R. 11):
7.21 The whole-time of a Government servant
is at the disposal of the Government which pays him, unless it is distinctly
provided otherwise. He may be employed in any manner required by appropriate
authority without claim for additional remuneration irrespective of the fact
that the services required of him are remunerated from general revenues or from
a Local Fund.
LIEN
(F. RS. 12 TO 15):
7.22 In F. R. 9(13)
lien is explained as the title of a government servant to hold a permanent post
in a substantive capacity. In the following rules other aspects of the lien, i.
e., holding of lien, suspension and revival thereof have been dealt with.
7.23 Two or
more Government servants cannot be appointed substantively to the same
permanent post at the same time. Likewise, a Government servant cannot be
appointed substantively, except as a temporary measure, to two or more
permanent posts at the same time. If a Government servant holds a lien on a
certain post, no other Government servant can be appointed substantively to
that post. Broadly speaking, there is only one substantive holder of a given
permanent post. When a Government servant is appointed to a permanent post in a
substantive capacity, he acquire a lien on that post and simultaneously ceases
to hold lien previously acquired on any other post. From the administrative
point of view, when it is proposed to confirm a Government servant in a certain
post he should be asked to give in writing that he agrees to the termination of
his lien on any other permanent post held by him in a substantive capacity.
7.24 A Government
servant holding a permanent post substantively retains a lien on the post,
under the following circumstances---
(a) while performing the duties of that
post;
(b) while on foreign service, or holding a
temporary post, or officiating in another post;
(c) during joining time on transfer to
another post; unless he is transferred substantively to a post on lower pay, in
that case his lien will be transferred to the lower post from the date of his
relief; and
(d) while under suspension.
7.25 A
Government servant sent on deputation to another office retains a lien on his
permanent post on his parent Department and as such he is governed by the rules
of the lending Department/Government in respect of pay, leave and pension etc.
which have a right to recall him from deputation. The lending Government have
accordingly a right to determine in consultation with the borrowing Government
the terms and conditions of his employment under the latter and those terms
should not be varied by the borrowing Government without first consulting the
lending Government. In accordance with this principle a convention has been
established between the Federal Government and the Provincial governments and
between the Provincial Governments themselves that no increase in pay or
improvements in other service prospects should be offered to any officer
without consulting the lending Government.
7.26 The officers of
the Army in Pakistan Reserve of Officers and employed under the federal
Government whenever called to Army service, retain a lien on their civil posts
during the period for which they are called to Army Service.
7.27 A
competent authority suspends the lien of a Government servant holding a
permanent post in a substantive capacity, whenever he is appointed
substantively against a tenure post, or to a permanent post outside the cadre
on which he is borne or if he is appointed in a provisional substantive
capacity against a post on which another Government servant would hold a lien,
if his lien had not been suspended. The competent authority may also, at his
option, suspend the lien of a Government servant holding a permanent post
substantively if he is deputed out of Pakistan or goes on foreign service, or
is transferred in a substantive or officiating capacity to a post in another
cadre, provided there is a reason to believe that the period of deputation out
of Pakistan, foreign service or, appointment to another post respectively would
not be less than three years.
7.28 A Government
servant's lien on a tenure post cannot be suspended in any circumstances. If he
is appointed in a substantive permanent capacity to another permanent post, the
lien on the tenure post must be terminated.
7.29 If a
Government servant's lien on a permanent post is suspended, the post can be
filled substantively and the Government servant appointed to the post in a
substantive capacity acquires a lien on this post But if the suspended lien is
revived at a later stage, the consequential arrangements will have to be
reversed The appointments of this nature are termed as provisional
appointments.Nevertheless, the lien acquired in this manner too can be suspended
in accordance with the foregoing provisions of the rules.
7.30 If a
Government servant's lien is suspended due to his substantive appointment to a
tenure post, or to a post outside the cadre or to a post on which another
Government servant holds a lien, the suspended lien will revive as soon as he
ceases to hold a lien against any one of these posts. Similarly, if a
Government servant ceases to be on deputation out of Pakistan or on foreign service or
to hold a post in another cadre, the suspended lien will revive. If, however, a
Government servant, while on deputation out of Pakistan or on foreign service
or holding a post in another cadre, takes leave and there is reason to believe
that on the expiry of leave, the Government servant concerned would continue to
be on deputation out of Pakistan, or on foreign service or to hold a post in
another cadre and the total period of absence on duty will not fall short of
three years, the lien may not be revived.
7.31 If a
Government servant, on transfer to a post outside his cadre, is due to retire
on superannuation pension within three years of his transfer, his lien on the
permanent post cannot be suspended.
7.32 The lien
of a Government servant, with the exception of that of a Governor and Chief
Engineer, P. W. D. cannot be terminated, even with the consent of the
Government servant concerned, in any circumstances, if such termination would
leave him without a lien or a suspended lien on any post. In the case of those
officers who are appointed in a substantive capacity as a Governor or Chief
Engineer, P. W. D., their lien is terminated against the substantive permanent
post held by them prior to the above appointments.
7.33 If a Government
servant is substantively appointed to a permanent post outside the cadre on
which he is borne, his lien or suspended lien on his previous post can be
terminated on the Government servant's concerned written request for the
termination of the lien and not otherwise.
7.34 Subject to the provisions
of F.R.15, the lien of a Government servant, even if it has been suspended, can
be transferred to another permanent post in the same cadre, if he is not
performing the duties of the post to which the lien relates.
TRANSFER
FROM ONE POST TO ANOTHER (F.R.15):
7.35 (i) A Competent authority may
transfer a Government servant from one post to another. But a Government
servant cannot be transferred in a substantive or officiating capacity to a
post carrying less pay than the pay of the permanent post on which a Government
servant holds a lien, unless the transfer has been occasioned as a disciplinary
measure, on account of inefficiency or misbehaviour or the Government servant
concerned has made a written request for being transferred to a lower post.
(ii) The combination
of appointments in terms of F.R.49, the retransfer of a Government servant to
the post on which he would hold a lien, had his lien not been suspended and
permanent transfer from a higher to a lower scale in anticipation of the
abolition of a post are not transfers to lower posts within the meaning of
F.R.15.
SUBSCRIPTION
TO A PROVIDENT FUND (F. R. 16):
7.36 A Government servant may be
required to subscribe to a provident and or a family pension fund or any other
fund in accordance with the rules as may be framed by the President.
TENURE
OF POST (F. R. 17):
7.37 A Government servant draws the pay
and allowances of a post from the date he assumes the charge of that post and
ceases to draw them as soon as he relinquishes charge of that post. If the
charge of a post has been assumed in the afternoon of a day, the title to the
pay and allowances commences from the following day. Similarly if the charge of
a post is relinquished in the forenoon of a day, no pay and allowances will be
admissible for that day.
7.38 If a person is recruited overseas,
the date from which he would be entitled to the pay and allowances will be
determined by the general or special orders of the authority by which he is
appointed.
Note. For instructions regarding 'transfer
of charge pl see Chapter V.
CONTINUOUS
ABSENCE (F. R. 18):
7.39 If a Government servant
is continuously absent from duty, elsewhere than on foreign service in
Pakistan, whether with or without leave, for more than five years, he ceases to
be in Government employ, unless the President decides otherwise in view of some
special circumstances.
PAY
7.40 General principle (F R. 19) The Local
Government is competent to fix the pay of a Government servant. Except in these
cases, where the personal pay is allowed to a Government servant on certain
considerations, the pay of a Government servant cannot be so increased as to
exceed the pay sanctioned for his post. If the increase is necessary due to one
reason or the, other it can be done only with sanction of an authority
competent to create post in the same cadre on a rate of pay equal to the pay
when increased.
7.41 The above rule does not empower a
Local Government to grant less pay than what is permissible under the rules.
Likewise it does not give to the Local Government the. power to grant pay in
excess of what is permissible under the rules. Normally, a Government servant
is entitled to the initial pay as admissible under F. R 22. But once an initial
pay is fixed in the manner, a competent authority may grant advance increments
immediately under F. R. 27.Thus F. Rs 22 and 27 read together enable a
competent authority to fix the initial pay in excess of what would have been
admissible under F. R. 22.
7.42 Admissibility of pay during training
ora course of instructions (f. r. 20): If a Government
servant is treated as on duly under F. R. 9(6) (b) the Local Government may
allow him, at their option, either to draw the pay of his substantive
appointment or any lower rate of pay considered suitable. If it is a course of
training or instruction, the Local Government may allow a Government servant to
draw the pay of the officiating appointment held by the officer at the time he
was placed on training or course of instructions etc. The officiating pay
cannot however, be allowed for a period longer than that during which the
officer would have held the officiating appointment had he not been placed on
training. This would mean that if a Government servant was holding an
officiating appointment at the time when he was placed on training he would
draw the officiating pay on every occasion during the period of instructions
and training which he would have held that officiating appointment but for such
course of instruction or training. The officiating pay would be equivalent to
what he would have drawn had he been holding the officiating appointment.
7.43 A reservist of the Pakistan Army or
Pakistan Navy in civil employ, when called up for periodical military or naval
training is entitled to receive military or naval pay and allowances
respectively. He is also entitled to receive the excess, if any, of the civil
pay over his military/naval pay, provided this concession is specifically
sanctioned by the competent authority. The extra expenditure thus involved will
not be chargeable to Army/Defence Estimates, if the civil pay is not paid from
the Army/Defence Estimates and will be charged to the Civil Estimates.
FIXATION
OF PAY:
7.44 (i) On first appointment to a post, the pay
of a Government servant should be fixed at the minimum of the scale of the
post.
(ii)
In
case of first appointment under Government fixation of initial pay can be done
by grant of not more than six premature increments subject to the conditions:
(a)
In
cases of persons recruited through the Federal Public Service Commission
premature increments should be granted on therecommendations of the F. P. S. C.
and in consideration of the fact that suitable persons of requisite qualifications
are not available on the minimum pay of the post.
(b) No premature
increment should be granted in cases of ad hoc appointments in anticipation of
FPSC recommendations.
(c) In posts where
recruitment is not made through F. P. S. C. premature increments should be
granted only after the appointing authority certifies that suitable persons of
requisite qualifications arc not available on the minimum of the sanctioned pay
scale of the posts.
(Item 16 of Annexure II to the of the
Ministry of Finance O. M. No. F. 1(5) R-12/80, dated 11th March, 1981 and F.1
(7) R-12/81, dated 14th
October, 1981.)
(c) Advance
Increments:-Grant
of advance increments to officials for possessing/attaining higher
qualification:
(i) From
1.6.1991 onwards advance increments have been allowed.without the conditions of
the Second Division, to the official in BPS 1.1-15 for processing or acquiring
higher educational qualification over and above prescribed qualifications in
the relevant Recruitment Rules,to the extent indicated below:
Sr.No.
a)
|
Prescribed Qualifications
Non-Matric
|
No. of
increments on processing/acquiring
Qualification of
|
|||
Matric
2
|
FA/FSC
4
|
BA/BSC
6
|
MA/MSC
8
|
||
b)
|
Matric
|
Nil
|
2
|
4
|
6
|
c)
|
FA/FSC
|
Nil
|
Nil
|
2
|
4
|
d)
|
BA/BSC
|
Nil
|
Nil
|
Nil
|
2
|
Note:- The advance increments already
allowed in terms of para 6 of O.M
NO.F.I(7)Imp 11/87,July 1,1987 would be doubled
from 1.6.1991.
(iii) In cases other
than cases of re-employment after resignation from public service or after
removal from public service for inefficiency, misconductor as a disciplinary
measure, a Government servant has previously held substantivelyor officiated in
(a) the same
post, or
(b) a
permanent or temporary post on the same time-scale, or
(c) a
permanent post other than a tenure post on an identical time-scale, or
(d)
a
temporary post on an identical time-scale, such post being on the same time
scale as a permanent post, or
(e) is appointed
substantively to a tenure post on a time-scale identical
with that of another tenure post, which he has previously held substantively or in which he has previously officiated,
with that of another tenure post, which he has previously held substantively or in which he has previously officiated,
then his initial pay should not be less
man the pay, other than special pay and personal pay etc., which he drew on
last such occasion. The period during which the Government servant drew that
pay on such last or previous occasions will also count for increment.
7.45 The condition that the temporary
post should be on the same time scale as a permanent post should not be
enforced when a temporary post is (i) created by one Government or Department
for the purpose of work of the same nature as the ordinary work for which
permanent posts exist, in a cadre under a different Government or Department
and (ii) sanctioned on a time-scale indentical with the time-scale applicable
to the permanent posts in the cadre under the different Government or
Department.
7.46 The following principles of
general application should also be kept in view, while dealing with the cases
of fixation of pay:
(i) The Ministry of
the Head of an Administrative Department is competent to declare, as to the
relative degree of responsibility of two posts for the purpose of these rules.
(ii) A temporary
post on a certain rate of pay (fixed or time-scale) which is converted into a
permanent post on a different rate of pay is not the same post as the permanent
post even though the duties remain the same, for purposes of these rules. The
temporary post would be regarded as having ceased to exist and to have been
replaced by the permanent post.
(iii) The substantive
pay of a Government servant in respect of a 'provisional substantive
appointment' against a post on which another Government servant holds a
suspended lien will be treated a 'substantive pay' for the purposes of these
rules, which would mean that the substantive pay in respect of a provisional
substantive appointment is taken into consideration in determining the initial
pay of a Government servant on his appointment to another post. When the
initial pay of a Government servant in a post is thus fixed, it will not be
affected even if during the tenure of his appointment to that post he reverts
from his provisional appointment.
(iv) If a Government
servant has been officiating in a post and is later on appointed against die
same post in substantive capacity he isentitled to get his pay fixed a new
under F. R. 22 with reference to hissubstantive pay at the time in respect of
his old permanent post.
(v) If the pay last
drawn by a Government servant in temporary post has been inflated by the grant
of premature increments, the pay which he would have drawn but for the grant of
these increments should be taken into account for the purposes of fixation of
pay under F.R. 22, unless the competent authority decides otherwise.
(vi) When a
Government servant is appointed to officiate in a post on a time-scale of pay,
but in terms of F. R. 35 his pay is fixed below the minimum of the time-scale,
he must not be treated as having effectually officiated in that post within the
meaning of F. R. 22 or counted towards duty for purposes of increments under F.
R. 26.
(vii) If the
time-scale of a post is reduced for reasons other than a diminution in the
duties or responsibilities attached to that post and a Government servant
appointed to it is not entitled to draw pay on the time-scale as it stood prior
to the reduction on re-appointment to that post his pay should be fixed under
F. R. 22 in such a way as if the reduced time-scale was in force from the very
beginning.
(viii) Where a civil
servant is not transferred from one post to another, but is transferred from a
lower to a higher scale, initial pay in the higher scale will be fixed at the
stage next above the pay admissible in the lower scale as on the eve of
transfer to the higher scale. This decision is applicable with effect from 1st March, 1972.
[c. f. M/o Finance O.M. No. D-438-R
4/75-F. 2(31) RI/75,dated 18-6-1975].
7.47 Fixation of pay on the change of scale
of a post (F. R. 23): If the scale of pay of a post is
changed the holder of the post is treated as having been transferred to another
post on the new pay and his pay is refixed under para 7.45 (viii) as if the
transfer to the new post did not involve assumption of higher responsibilities.
In such cases where the pay of a post is changed, the government servant
concerned has an option to retain his old pay until the date on which he earns
his next increment or any subsequent increments in the old scale, or until he
vacates his post or ceases to draw pay in the time-scale. The option once
exercised is deemed as final.
7.48 A very important point
which has to be borne in mind in the context of this rule is that the
substantive part of the rule and its proviso cannot be operative at one and the
same time. During the period the option exercised underthe proviso operates,
the substantive position of the rule remains inoperative. Any failure to
exercise the option from whatever cause entails forfeiture of the benefit of
the rule.
7.49 The provisions of this rule
apply to officiating as well as substantive holder of a post. The expression
'subsequent increment in the old scale' includes grade promotion in cases in
which time-scale of pay has been substitutedby a graded scale of pay.
7.50 If the maximum of pay of a
post is changed without affecting the minimum and the rate of increment the
refixation of pay should be done as if the Government servant was transferred
to a post which did not involve assumption of higher responsibilities even if
the Government servant might be holding the post substantively.
7.51 Drawal of increment (F.R.24):
The increment in a time-scale is drawn as a matter of course, unless it is
withheld by the competent authority as a disciplinary measure due to misconduct
or unsatisfactory work. Whenever an increment is withheld, the authority
withholding the increment should state the period for which the increment has
been stopped
7.52 Conditions of service for increments
(F.R.26): The service in a post in a time-scale counts for increments,
asfollows: -
(a)
All duty in a post on a time-scale and periods of leave other than
extraordinary leave count for increments in that time-scale.
(b) If
a Government servant holds a lien or a suspended lien against a post, the
service in another post, whether in a substantive or officiating capacity,
service on deputation count for increment in that post. If the President is
satisfied that extraordinary leave was taken
on account of illness or for any other cause beyond the Government servant's control, he can direct that the extraordinary leave may count towards increment.
on account of illness or for any other cause beyond the Government servant's control, he can direct that the extraordinary leave may count towards increment.
(c) If
a Government servant officiating in a post or holding a temporary post in a
time-scale is appointed to officiate in another post which does not carry less
pay than the pay of his original post, then on reappointment to the lower post
the service in the higher post counts for increments in the lower post. But the
period officiating service in the higher post, which would count for increment
in the lower post would be restricted to the period during which the Government
servant would have held the lower post but for his appointment in
the higher post. This also covers the case of a Government servant who might not actually have been officiating in the lower post at the time of his appointment to the higher post, but he would have officiated as such but for appointment to the higher post.
the higher post. This also covers the case of a Government servant who might not actually have been officiating in the lower post at the time of his appointment to the higher post, but he would have officiated as such but for appointment to the higher post.
(d)
Foreign
service counts for increments in the time-scale of the post in Government
service on which the Government servant holds a lien or a suspended lien. If
the Government servant receives any officiating promotion while he is on
foreign service, the period counts for increment for the duration of such
promotion the foreign
service counts for increment in a temporary post also, if the Government servant returns to the temporary post.
service counts for increment in a temporary post also, if the Government servant returns to the temporary post.
7.53 Following are the important decisions
having a bearing on the calculation of increments: -
(i) When a
Government servant officiating in a post is transferred to officiate in another
post, the period of joining time should be treated as duty in the post, the pay
of which is drawn by the Government servant during the joining time and it is
to count for increment in the same post.
(ii) If a Government
servant is allowed to draw his officiating pay during a course of instruction
or training, the period of training will count towards increment in the
time-scale of the post.
(iii) If a
probationer is confirmed at the end of a period of probation exceeding twelve
months he is entitled to claim retrospectively the increments which but for his
probation, he would have received in an ordinary course.
(iv) The concession
contemplated in F. R. 26(c) is admissible irrespective of the fact whether the
higher post is within or outside the Department to which the Government servant
belongs. This equally applies to the Provincial Civil Service officers holding
the
'Listed Posts'.
'Listed Posts'.
7.54 Grant of advance
increments (F.R.27): An authority competent to create a permanent post
in the same cadre on the same scale of pay can grant premature increment to a
Government servant on a time-scale of pay.
7.55 In regard to the grant of advance
increment, usually the intention is that the officer should be entitled to the
increments in the same manner as if he had reached his position in the scale in
the normal course, and unless there are orders otherwise, he should be placed
on exactly the same footing as an officer who has so risen. It would mean thatnormally
an officer will get the next increment after completion of duty for one year at
the stage from the date the advance increment was granted. However, if the
orders envisage that the original date of increment will not be disturbed the
increment may be allowed accordingly.
7.56 The expression "Scale of
pay" represents the maximum of the scale which is to be taken into
consideration for determining the authority competent to sanction increments
rather that the stage to which the advance increment has been given.
FIXATION
OF PAY ON REVERSION TO A LOWER POST ORREDUCTION OF STAGE (F. RS. 28 & 29):
7.57 If a Government servant is
transferred from a higher to a lower grade or post as measure of punishment,
the competent authority may allow him to draw any pay as it may deem proper
subject to the condition that it should not exceed the maximum of the scale of
pay of the lower grade or post. In a case where a Government servant on account
of misconduct or inefficiency is reduced to a lower grade or post or to a lower
stage in the time-scale, the competent authority should clearly state the
period for which the punishment would be effective and whether, on restoration
it should operate to postpone future increments, and, if so, to what extent.
The authority concerned should specifically mention whether the reduction would
have the cumulative effect and if the increments would be admissible during the
period the reduction was in force. In short the contents of the orders in this
respect should be specific and leave no room for any doubt or equivocation.
7.58 Presumptive pay of the
post (F.R.31): A Government servant officiating in a post draws the
presumptive pay of the post except in those cases where the pay has been
restricted under F. Rs.30 and 35. But if at any stage the presumptive pay of
the post on which the Government servant holds a lien or a suspended lien is
greater than the presumptive pay of the officiating post, he draws the
presumptive pay of the permanent post. The cases of those Government servants
who have been appointed to certain posts at their own request under F. R. 15
are, however, excluded from the provision of the latter part of the rule.
7.59 As an officiating Government servant on
proceeding on leave is reverted to his substantive post, he is entitled to get
his pay refixed in the higher post on return from regular leave. It sometimes
happened that their substantive pay had increased in the mean-time and when the
refixation of pay was done on return from leave the pay was fixed at a higher
stage than what they had been drawing prior to their proceeding on leave. The
Government had an impression that some Government servants proceeded on regular
leave deliberately merely to avail themselves of the aforesaid benefit. In
order to put the check against this
manipulation of rules the Government have decided that when a Government servant applies for leave and there is reason to believe that the leave was being applied for in order to secure the benefit of the refixation of pay, the grant of regular leave may be refused under F. R. 67.
manipulation of rules the Government have decided that when a Government servant applies for leave and there is reason to believe that the leave was being applied for in order to secure the benefit of the refixation of pay, the grant of regular leave may be refused under F. R. 67.
In
cases where this position is not realised in advance or the leave is granted on
genuine grounds, then on refixation, the officiating pay may be restricted
under F. R. 35 so as to limit it to the pay the Government servant would have
drawn, had he not proceeded on regular leave. In short, the refixation of pay
on return from regular leave should be done in such a way so as to disallow an
increase in the officiating pay over the pay the Government servant was drawing
prior to his proceeding on leave.
7.60 Personal rate of pay (F. R. 33): If a Government
servant is appointed to officiate in a post the pay of which was fixed at a
rate personal to another Government servant, the competent authority may fix
his pay at any rate, but not more than the pay already fixed.
If the post carries a time-scale pay the pay should be allowed at the minimum of
the scale and increments as stipulated therein.
If the post carries a time-scale pay the pay should be allowed at the minimum of
the scale and increments as stipulated therein.
7.61 Restriction on officiating
pay (F.R.35) :(i) The pay
of an officiating Government servant can be fixed by a competent authority at
an amount less than that admissible under the rules.
(ii) One class of
cases falling under F. R. 35 is that in which Government Servant merely holds
charge of the current duties and does not perform the full duties of the post. [Para 12 (i) Chapter IV, Section I of the Manual of Audit Instructions].
(iii) An Officer
appointed to hold current charge of a higher post is allowed, in terms of F. R.
35 and provision to Section 17 of the Civil Servants Act, 1973, pay in his own
grade plus additional pay equal to 20% of his grade pay.
(Establishment Division O.M. No. 1/21/76-AR1/RI.
dated 18-6-1980)
7.62 The powers conferred under the
above rule can be exercised in individual cases by a special order. The general
application of this rule will be ultra-vires of F. R. 35. In financial
emergencies and on administrative consideration the Government has, however,
resorted to this rule in a general way. The 30% orders, which were in force
from 1st July, 1948
to 31st March, 1951
and 30th September 1951
and the length of service formula under the Revision of Pay Rules, 1951 as
amended from time to time, may be referred to in this behalf.
ACTING
PROMOTIONS (F. R. 36):
7.63 When Government servants are treated as
on duty while on a course of instructions or training or in other circumstances
stated in F.R.9(6)(b) the Local Government may allow acting promotion in their
places by general or special orders. It is in pursuance of these orders that
acting promotions are made in the place of Government servant undergoing
trainging in Pakistan Army Reserve of Officers or the Pakistan Territorial
Force.
ABSORPTION
OF PERSONAL PAY:
7.64 Unless there are orders to the contrary
by the competent authority, the personal pay is reduced by any amount by which
the recipient's pay is increased. As soon as the increase is equal to the
personal pay, it is ceased to be drawn.
PAY
OF TEMPORARY POST (F. RS 39 & 40):
7.65 When temporary post is created and
it is to be filled by a person who is not already a Government servant, he
should be allowed the minimum pay that would be necessary to secure the
services of a person capable of discharging efficiently the duties of the post.
7.66 In case the temporary post is such
as is to be filled by a person who is already in Government service, its pay should
be fixed after taking into consideration the character of responsibility of the
work to be performed and the existing pay of the Government servant of a status
sufficient to warrant his selection for the post.
7.67 While dealing with the fixation of pay
in such cases, it should be borne in mind that temporary posts may be divided
into two categories (1) posts
created to perform the ordinary work for which permanent posts already exist in
a cadre and (2) isolated posts
created for the performance of special tasks unconnected with the ordinary work
which a service is required to perform. The posts in the first category should
be treated as temporary addition to the cadre of a service and the holders of these
posts should draw pay in the time-scale of the post without any extra
remuneration. If any of these posts involve decided increase in work and
responsibility in comparison with the duties of the parent
cadre generally, a special pay may be sanctioned in addition.
cadre generally, a special pay may be sanctioned in addition.
For the second
category of posts, if these involve greater responsibilities or increase in
work as compared to those of the posts in the regular line, extra remuneration
may be sanctioned, but it, in no case, should exceed, without the specific
sanction of the Ministry of Finance, one-fifth of substantive pay or Rs. 10 a
day, whichever is less.
SCHEME OF NATIONAL SCALES OF PAY:
7.68 (a) The Scheme of the National Pay Scales
and Allowances and other Fringe benefits for civil employees of the Federal
Government, paid directly from the Civil estimates or from the Defence
Estimates, was introduced from the
1st March, 1972. Under the scheme, salary structure of the civil
employees was divided into 22 stepsa Naib Quasid at the lowest rung of the
hierarchy, viz. NPS 1 and a Secretary to Federal Government at the top of the
ladder, viz., NPS 22. No addition to or alteration in these scales, was
permissible except with the approval of the Prime Minister. The selection
grades and technical Pays admissible prior to the introduction of the NPS were
abolished. However, the special pays attached to certain posts or certain
incumbents in the pre-national scales were allowed to be continued, under
certain conditions.
(b)
The National Scales of pay were replaced by the Revised National Scales of Pay
w. e. f. 1st May, 1977.
[Ministry of Finance O. M No F. 1(1)
Imp. 1/77, dated 28-4-1977].
(c) The
Revised National Scales of Pay were modified with effect from 1st July, 1981.
[Ministry of Finance O. M No F. 2(18)
R-3/81. dated 27-6-1981]
(d) The
Scheme of Basic Pay Scales was introduced with effect from 1st July, 1983.
[Ministry of Finance O. M No F. 1(1)
Imp/83 dated 18-8-1983].
(e) The Basic Pay Scales were revised w. e.
f. 1-7-1987
and are as under:----
S.NO.
|
EXISTING SCALE
|
NEW SCALES
|
1.
|
440-10-640
|
600-13-860
|
2.
|
460-12-700
|
625-16-945
|
3.
|
480-14-760
|
650-19-1030
|
4.
|
500-16-820
|
675-22-1115
|
5.
|
520-18-880
|
700-25-1200
|
6.
|
540-20-940
|
725-28-1285
|
7.
|
560-23-1020
|
750-31-1370
|
8.
|
590-26-1110
|
790-34-1470
|
9.
|
620-29-1200
|
830-38-1590
|
10.
|
660-32-1300
|
870-42-1710
|
11.
|
700-35-1400
|
910-46-1830
|
12.
|
750-40-1550
|
970-52-2010
|
13.
|
800-45-1700
|
1035-58-2195
|
14.
|
850-50-1850
|
1100-64-2380
|
15.
|
900-55-2000
|
1165-71-2585
|
16.
|
1050-80-2250
|
1350-105-2925
|
17.
|
1600-120-3040
|
2065-155-3925
|
18.
|
2100-150-3600
|
2710-195-4660
|
19.
|
3200-160-4480
|
4130-205-5770
|
20.
|
3800-180-5240
|
4900-235-6780
|
21.
|
4200-225-6000
|
5420-290-7740
|
22.
|
4500-250-6500
|
5800-325-8400
|
[Finance Division O. M. No. F.
1/7/lmp-II/87, dated 1-7-1987)
(f) In cases of
promotion from a lower to higher post/scale before the introduction of these
scales, the pay of the senior employee in the same scale may be fixed and so
enhanced that it would not be less than the pay that would have been admissible
to him if his promotion to the higher post/scale had taken place after the
introduction of these scales.
(g)
Grant
of Selection Grade to Clerical Posts from 1-7-87
(i)
33%
posts of Lower Division Clerks (BPS-5) will be placed in Selection Grade
(BPS-7).
(ii) The
Senior Clerks (B-6) of the Provincial Governments will be
allowed BPS-7 and 33% posts be placed in Selection Grade (BPS-9).
allowed BPS-7 and 33% posts be placed in Selection Grade (BPS-9).
(iii) 33% posts of Upper Division Clerks
(BPS-7); will be placed in Selection Grade (BPS-9).
(h) Grant of Selection Grade to Assistants
in Federal Secretariat.
33% posts of
Assistants in Federal Secretariat will be placed BPS-15 in place of existing
25% posts in BPS-14.
(i) Grant of Advance Increments to officials
for posessing/attaining higher educational qualifications.
NO.
OF ADVANCE INCREMENTS FOR OBTAINING:
|
Matric atleast 2nd Div.
|
FA/FSc atleast 2nd Div.
|
BA/BSc atleast 2nd Div.
|
MA/MSc atleast 2nd Div.
|
(i)Where the
prescribed qualification is non-Matric
|
1
|
2
|
3
|
4
|
(ii)Where the
prescribed qualification is Matric
|
Nil
|
1
|
2
|
3
|
(iii)Where the
prescribed qualification is FA/F. Sc.
|
Nil
|
Nil
|
1
|
2
|
(iv)Where the
prescribed quaiification is B. A/B. Sc.
|
Nil
|
Nil
|
Nil
|
1
|
(j) Engineers and
Doctors will also be allowed four advance increments in case they possess or
acquire a post-Graduate degree in their relevant field for which they have not
been allowed any qualification pay.
(k) The advance
increment/increments will be allowed at the time of recruitment or acquiring
higher qualification during service. In cases where the employee is already at
the maximum of his pay scale, he would be allowed requisite number of
increments as personal pay to be absorbed on moving over/promotion to higher
pay scale.
UNIFORM DATE OF
INCREMENT:
7.69 The annual increments in the Basic
Pay Scales accrue only on the first day of the month of December following the
completion of at least six months of such service at the relevant stage in that
scale as counts for increments under the ordinary rules. This is subject to the
rules regarding withholding of increments.
MOVING OVER TO NEXT HIGHER BASIC PAY SCALE:
7.70 (a) If a Government servant drawing pay in
the BPS 1 to 15 reaches the maximum of the scale and is classified at least as
“Good” in the last three Annual Confidential Reports he will be allowed the
next higher Basic Scale of pay w.e.f. the First December of the next year.An
employee who is adjusted in or whose basic scale is BPS 15 will be allowed to
move over, on the same conditions: ---
[Finance Division O.M No 1(2) NG Imp
11/71. dated.26th December, 1973]
(b) The fixation of
pay in the higher scale will be done at the stage next above the maximum of the
lower scale.
7.71 (a) The civil servant in BPS-16 to 19 will
be allowed to move over to the next higher Basic Pay Scales from the 1st
December of the year following the year in which they reach the maximum of the
Basic Pay Scale subject to the following conditions:---
(i) Cases of
Move-Over of employees from BS-16 to BS-17 and from BS-17 to BS-18 would
be scrutinized and recommended by the Move-Over Committee constituted as
follows.
MINISTRIES/DIVISIONS:----
(a)Additional
Secretary or Joint Secretary(if there is no Additional Secretary)
|
Chairman
|
(b)Joint
Secretary/Deputy Secretary of the Administrative Division/Ministry.
|
Member
|
(c) Joint
Secretary (in case of move-over from B-18 to B-19 and from B-19 to B-20)
Deputy Secretary (in case of move over from B-16 to B-17 and B-17 to B-18) of
Finance Division.
|
Member
|
ATTACHED
DEPARTMENTS/SUBORDINATE OFFICES:
(a) Additional Secretary
or Joint Secretary of the Administrative Ministry/Division.
|
Chairman
|
(b)
An officer of the Department holding post in BPS-20 or at least in
BPS-19 if there will be no officer in B-20 (in respect of cases of Attached Departments)
OR
Head of the subordinate office
concerned (in respect of cases of Subordinate Offices).
|
Member
|
(c) Joint Secretary (in case of move
over from B-18 to B-19 and from B-19 to B-20) Deputy Secretary(in case of move
over from B-16 and B-17 and from B-17 to B-18 of the Finance Division)
|
Member
|
[Finance Division O. M No F 1(82) R.
3/85, dated 3-3-1986]
The cases would
then be processed by the Establishment Division to obtain approval of the
competent authority.
(ii) For move over
to BPS-18 the employees should have completed at least five years of service in
BPS-17. Service rendered in pay scales below BPS-17 will be computed according
to the existing formula.
(iii) For move-over to
BPS-17, and B-18 the employee should have earned from average to good reports
without any adverse remarks during the last five years, inclusive the year of
move-over.
(iv) The cases of
move over of employees from BPS-18 to 19 and from BPS-19 to 20 will be
scrutinized and recommended by a Selection Committee consisting of Secretary of
the administrative Ministry concerned and a representative each of
Establishment and Finance Divisions not below the rank of Joint Secretary.
However, in case of Establishment Division, the Selection Committee may be
headed by an Additional Secretary. The cases would then be processed by the Establishment
Division to obtain the approval of the competent authority.
(v) The eligibility
of the employees for move over to BPS-19 to 20 would be subject to their having
completed the length of service of 12 years and 17 years respectively in BPS-17
and above. Service rendered in scales below BPS-17 will be computed according
to the existing formula.
(vi) For move-over to
BPS-19, the employee should have earned generally good reports and for
move-over to BPS-20, at least good or higher reports without any adverse entry
during the last five years inclusive of the year of move-over.
(vii) In case an
employee fails to fulfil the condition prescribed in (iii) to (vi) above, as
the case may be, he shall wait at the maximum of the pay scale till he has
earned in succession the requisite number of reports of the required standard
without adverse entry, and his move over shall take effect from 1st December of
the year in which last such report is earned.
(viii) The move over
shall not be construed to be a promotion to the post of higher Basic Pay Scale,
but the higher pay scale will be treated to be an extension of the existing
Basic Pay Scale of the post held by the employee. Therefore, the incidence of
move over shall not be notified.
(ix) The pay of
employees who are allowed the move over shall be fixedat the stage next above
their existing pay in the lower scale. No premature increment will be admissible
(x) In case of move
over to B-20 no Entertainment Allowance, Senior Post Allowance, Residence
Orderly/Orderly Allowance or any other fringe benefits shall be admissible to
the employees.
(xi) The employee
allowed to move over shall not be entitled to any change in rental ceiling. The
house rent allowance, which is calculated with reference to the minimum of the
relevant basic scale shall continue to be payable on the basis of the minimum
of the scale of the post to which the employee originally belongs].
(xii) The employees
shall not be allowed two successive move-over.However, if an employee having
moved over to a particular scale, is subsequently promoted to a post carrying
the same scale, he may again become eligible for further move over.
(xiii)Those who become
eligible for move-over during the currency of a calendar year either because of
the grant of Selection Grade, grant of advance increments, refixation of pay or
promotion etc. shall be allowed move-over from 1st of the month of December which
follows immediately thereafter provided that other conditions on the subject
are fulfilled.
[Finance Division O.M No F. 1(82) R.3/85.dated
1st January, 1986.]
(b) Criteria for Move over. An employee
must fulfil the following
requirements for move over to pay scales 17, 18, 19 and 20, as the case may be:
requirements for move over to pay scales 17, 18, 19 and 20, as the case may be:
(i) He should be a
regular member of the service cadre or post concerned and should have completed
the following length of service to a post in the pay scale in which he is to
move over:
B-18...............................
5 Years.
B-19..............................12
Years.
B-20..............................
17 Years.
The service rendered by an employee on
regular basis in other government departments under the Federal/Provincial
Governments may be included in the length of service subject to the following
conditions:---
(ii) There is no
break in service between the period of previous service rendered by an employee
in other government departments, under the Federal or Provincial Governments
and the service rendered by him in the existing Federal Government department
and that his previous service in other Government departments has been counted
toward fixation of pay in the new/existing Federal Government department with
the approval of the competent authority.
(iii) The period of
leave without pay should be excluded in calculating total service required for
move over.
[Finance Division O.M No F.1 (20)-R 3 85
dated 16-9-1987.]
(iv) His
confidential reports for the last five years in the existing post/pay-scale are
free from adverse remarks and----
(a) are average
to good in the case of move-over to scale 17 and 18;
(b) are generally good
in the case of move-over to scale 19 and at least good or above for move-over to BPS-20
(v)
No
penalty under the relevant rules was imposed on him during the last five years.
(vi) He has not
reached his present pay scale by move-over.
(vii) Subject to
fulfilment of the conditions mentioned in the preceding
paragraphs move over would be admissible from 1st December of the year following the year in which he reached the maximum of his basic pay scale.
paragraphs move over would be admissible from 1st December of the year following the year in which he reached the maximum of his basic pay scale.
(viii) The Selection
Commiltee/Move-over Committee may postpone consideration of a case:
(a) If the officer is on long leave or
is under suspension, or disciplinary action is pending against him or he is on
deputation abroad or posted to an ex-cadre post abroad; or
(b) His CR dossier is incomplete or
some other information is wanting.
If a case was postponed and the employee
concerned is subsequently allowed move over this will be allowed with immediate
effect in cases covered under sub-para (i)
above and the qualifying period from the date the move over was due to the
actual date of move over
shall count towards increments in fixation of pay. If the case was postponed under sub-para (ii) above, move over shall be allowedfrom the date the move over was due.
shall count towards increments in fixation of pay. If the case was postponed under sub-para (ii) above, move over shall be allowedfrom the date the move over was due.
[Annexure to the Ministry of Finance O.
M.dated 1-1-1986].
(ix) In order to ensure
expeditious finalisation of move over cases the following
procedure will be adopted: ---
procedure will be adopted: ---
(a)All cases of
move-over of officers upto BPS-20, irrespective of the Service-Group to which they
belong, would be processed by the Miniseries/Divisions/Departments where the
employees are working. The confidential record of the officer, if not available,
may be obtained from the concerned Ministries/Divisions administering the Service/Cadre/Group.
(b) The cases
of Government servants who are posted in or are on deputation to the Corporations/Autonomous
Bodies would be processed by the 'parent Government Departments, after which
they will be allowed to move-over to the next pay scale.
(c) Cases of
move-over from BPS-16 to B-17 and BPS-17 to B-18 may be approved by the Secretaries
of the administrative Ministries/Divisions on the recommendations of the Move-over
Committee. They will not be referred to the Establishment Division for obtaining
approval of the competent authority.
(d) Cases of
move over from BPS -18 to BPS-19 and BPS-19 to BPS-20 after being processed by
the Selection Committee would be referred to the Establishment Division for
obtaining approval of the competent authority to allow move over in
these cases.
these cases.
[Ministry of Finance O. M No F I (82)/R-3/85.
dated 19-2-1986]
(e) The cases
of move over of Federal Government Servants serving in the Provinces to BPS-19
& 20 would be processed by the Provincial Governments where they are
serving.Thereafter they would be submitted to the Establishment Division for
approval. Move-over upto BPS-18 may be approved by the Provincial Governments.
[Ministry of Finance O. M No F I(27)R-3/86.
dated 23-11-1986]
FIXATION OF PAY
ON PROMOTION:
7.72 (i) In cases of appointment from one post to
another post carrying BPS 2 to 19, where the stage in the Basic Scale of Pay of
the other post next above the substantive pay in the first post, gives a pay increase
equal to, or less than a full increment, the initial pay in the Basic Scale of
Pay of the other post, will be fixed after allowing a premature increment in
the Basic Scale of Pay of the other post.
(ii) In cases of
Government servants appointed to posts in BPS-20 and above, on completion of
the minimum length of service prescribed for the relevant scale of pay in the
scale of higher post will be fixed at the next stage. But if the minimum length
of service prescribed for posts in BPS-19 and above has not been completed the
pay will be fixed at the minimum of the scale of post and for the purposes of
drawal of increment in the scale of post and for the purposes of drawal of
increment in the scale the service in that scale will count only from the date
of completion of the prescribed length of service.
(iii) The minimum
length of service prescribed for purposes of drawal of pay and increments on
promotion to posts carrying B-19 and above is as follows:----
B-19......................
12 years in B-17 & above
B-20......................
17 years in B-17 & above
B-21......................
22 years in B-17 & above
B-22......................
22 years in B-17 & above
[Ministry of Finance O.M No F. 2(51)
R-2/85 dated 4-11-1985]
7.73 Where a Government servant drawing pay
up to BPS-18 has moved over to a higher B.P. scale and his pay fixed according
to the prescribed procedure and then later on he is promoted to that Basic Pay Scale
his pay will be enhanced by one stage.
7.74 (i) where a civil servant is not appointed
from one post to another, but only change of scale is involved, initial pay in
the higher scale will be fixed at the stage next above the pay admissible in
the lower scale as on the eve of transfer to the high scale. The case of
upgradation of posts, appointment to Selection Grade posts other than Section
Officers and move-over from a lower to higher Basic Pay Scale will be governed
by these orders.
[Mininstry of Finance O.M. No.893- R3/81
dated 24-10-1981.]
(ii) In cases where
an employee, before reaching the maximum of a Basic Scale of Pay, is promoted
to a higher Basic Scale of Pay between 2nd June and 30th November of a calendar
year may, at his option, get his pay in the higher scale refixed from 1st
December, of the above year of promotion with reference to his presumptive pay
on that date in the pre-promotion scale.
[Ministry of Finance O. M No F. 3(2)
Gaz. Imp. 1/75 dated 14-10-1975.
F. 5(2) (4) Imp. 1/78 dated 20 -3-1978 and R-2/81 Dy No. I3I8/R-2/81 dated 15-12-1981 and No. F. l (49)
R-3(A)/87 dated 18-3-1984].
FRINGE BENEFITS
UNDER THE BASIC PAY SCALES:
7.75 House Rent Allowance.All employees
not provided with Government accommodation and posted at the following stations
are entitled to house rent allowance at the rates indicated against each:-
(a) Islamabad,
Rawalpindi, Karachi,
Lahore, Peshawar,
Quetta, Hyderabad
(including Kotri) Multan and Faisalabad.
|
45% of the minimum of the relevant
BPS. |
(b) All other places.
|
30% of the minimum of the
relevant BPS.
|
[Ministry of Finance O. M
No F2(9) R-5/81 dated 27-6-1981,
Ministry of Finance O. M. No. F. 5(l2)-R-5/82 dated 17-6-1982 and Ministry of Finance O. M. No. F.
17-Imp. 11/87 dated 1-7-1987].
7.76 The drawal of House Rent Allowance is
regulated as under:
(i) The allowance
is admissible to Federal Government employees living in private houses as are
owned by themselves, their wives, relatives or friends.
(ii) If both husband
and wife are Government servants and residing together at the same station in a
Government residence allotted to one of them, allowance is not admissible to
the other.
“(iii)In case at (ii)
above if none of them has been provided with Government residence and both are
posted at a specified station, the house rent allowance shall be admissible to
both of them. Posting of one of the partners (i. e. husband or wife) at Rawalpindi and the other at Islamabad shall be treated as posting at one
place”.
[Finance Division O. M. No. F 3(82)-R
13/79-D. 252/80, dated 29-4-1981]
(iv) A Government
servant, who was allotted a Government accommodation, but surrendered it, is
eligible to draw the Allowance from the date of vacation of the Government
residence.
(v) Where a
Government residence is offered and is declined by a Government servant on
personal grounds, he will be paid the allowance.
(vi) Even if a
Government servant is not eligible for Government accommodation on the Estate
Office Pool and is residing in his own house, he is entitled to the allowance.
(vii) The unmarried
sons and daughters, entitled to Government residence, but residing with their
parents in accommodation provided to the latter by the Government are entitled
to the allowance subject to suspension of their title to Government residence.
This can be
revived from a date when they elect not to draw the allowance.
revived from a date when they elect not to draw the allowance.
(viii) The Government
employees living with their relatives/friends, etc. in houses provided to the
latter by the Government are entitled to the allowance subject to the
permission of the sharing of Govemment accommodation being obtained from the
Estate Office.
(ix) In the event of
unauthorized occupation of a Government residence in a subletting case
resulting in the forfeiture of the Govemment residence, neither the allottee
nor he who was in unauthorized occupation is entitled to the allowance till
their entitlement is restored by the Estate Office.
[Amended vide Finance Division O. M. No.
F. 5(17)-Gaz. (i)/73, dated 20-11-1974.]
(x)
The
Government servants on training abroad will continue to draw House Rent
Allowance as would have been admissible to them, but for training abroad.
[Finance Division O. M. No. F. 3(77)
R-13/80, dated 4-3-1980].
7.77 (i) Residence-Office
Conveyance Allowance.All employees posted at Islamabad, Karachi, Lahore,
Peshawar, Quetta, Rawalpindi, Hyderabad (including Kotri), Multan and
Faisalabad and not residing within their work premises are entitled to the Conveyance
Allowance as follows:
(a)
Conveyance Allowance
|
Rs.*70-
|
(b)
Motor Cycle Maintenance Allowance
|
Rs.*100/-
|
(c)
Car Maintenance Allowance
|
Rs.*285/-
|
(d) Not maintaining car
and in receipt of pay not less than Rs. 1650/- p. m.
|
Rs.*150/-
|
(ii) Motor Cycle
Maintenance Allowance is admissible to an employee who maintains a motor
cycle/scooter and draws pay of not less than Rs.850/- and not more than Rs.1650/-
per month. Motor car maintenance allowance is admissible to an employee who
draws pay of not less than Rs.1650 p.m and above and possesses a motor car
registered in his/her own name or in the name of his/her spouse and not for
commercial purposes. This allowance will be admissible only to one of the
spouses and not to both, in respect of the same vehicle.
[Finance Division O. M. No. F. 1(1) Imp.
1/77, dated 28-4-1977.]
*[Finance Division O. M. No. F. 3(5) R.
5/81, dated 27-6-1981.]
[Finance Division O. M. No. F. 1/7/ Imp.
11/87, dated 1-7-1987.]
(iii)
Residence-Office Conveyance Allowance is admissible from the date of purchase
of the vehicle but actual payment begins only after registration of the
vehicle.
[Finance Division O M No F. 3(1)
R-13/80, dated 18-12-1980]
(iv) The Government
servants availing themselves of the facility of chartered buses/wagons are not
entitled to the allowance.
[Finance Division O. M. No. F. 3(4)
R-12/76 dated 29-8-1979
and No. 983-R-12/79, dated 24-10-1979].
(v) The Residence
Office-Conveyance Allowace will be indexed in relation to cost of living w.e.f.
1st July, 1986.The amount of Residence-Office Conveyance Allowance
admissible as stated above multiplied by the index applicable to him from time
to time.
[Ministry of Finance O.M No F 1(12) Imp.
11/86. dated 1st
July, 1987.]
7.78 Officers B-22 and Additional Secretaries,
who do not draw car maintenance allowance, are entitled to free use of staff
car for official and private purposes. This concession is subject to recovery
of Income Tax from them; 50% of the total running and maintenance charges of the
staff car subject to a maximum of Rs. 2400 will be added to their salary.
[Cabinet Division O.M No l/64/77-Cord I
dated 30-4-1977]
7.79 Senior Post Allowance. The Senior Post Allowance is admissible at
the following rates:
BPS-20
|
Rs. 200 per
month
|
BPS-21
|
Rs. 400 per
month
|
BPS-22
|
Rs. 600 per
month
|
7.80 The Senior Post Allowance is
treated as part of pay for the purpose of drawal of leave salary during leave
on full pay/half pay including leave preparatory to retirement.
[Finance Division O. M. No. F. 2(11)
Imp. 1/77 dated 3-7-1977]
7.81 Entertainment
Allowance. Entertainment Allowance will be admissible at the following
fixed rates to officers drawing pay in B-20 to B-22:
B-20
|
Rs. 400 per
month
|
B-21
|
Rs.450 per
month
|
B-22
|
Rs.650 per
month
|
7.82 Non-Practising
Allowance.The
existing rates of Non-Practising Allowance have been revised as under:
Doctors
drawing pay in B-17 & B-18
|
Rs. 500 p.m.
|
Doctors
drawing pay in B-19 & above
|
Rs. 700 p.m.
|
The above Non-Practising allowance will
be admissible in all cases where a doctor is not allowed private practice.
Doctors posted
in rural areas below Town Committee level, and allowed private practice will be
given a Practice Compensatory Allowance at the rate of Rs.200 per month for
male doctors and Rs.300 per month for female doctors.
7.83 Teaching Allowance. Teaching allowance
at the rate of Rs.100 p.m. will be allowed to qualify High School Teachers who
teach basic/natural sciences.
Junior
Instructors in Polytechnics who possess Technical teachers Diploma will be
allowed Teaching Allowance at the rate of Rs.100 per month.
Doctors who
teach basic sciences in Medical Colleges will be allowed a Teaching Allowance
at the rate of Rs.500 per month.
7.84 Charge Allowance. Charge Allowance to
Principals of Colleges and Polytechnics will be admissible at the following
rates:
(a)Principals of Degree
College/College of Technology
|
Rs. 200 p. m.
|
(b)Principals
of Intermediate Colleges/
Polytechnics
|
Rs. 100 p. m.
|
7.85 Warden Allowance. Teachers who are
assigned the duty of Hostel Wardens in Colleges and Polytechnics will be allowed
a Warden Allowance of Rs.100 per month.
7.86 Design Allowance. Engineers
holding University degree in engineering and working full time in the Design
Offices will be allowed a Design Allowance at the following rates:---
Engineers
drawing pay in B-17
|
Rs. 400 p.m.
|
Engineers
drawing pay in B-18
|
Rs. 500 p.m.
|
Engineers
drawing pay in B-19
|
Rs. 600 p.m.
|
Engineers
drawing pay in B-20
|
Rs. 700 p.m.
|
7.87 Qualification Allowance. S.A.S.
Accountants will be allowed a Qualification Allowance of Rs.100 per month on
qualifying the SAS or equivalent examination. This allowance will continue to
be admissible as a separate entity even after their promotion to higher posts.
7.88 Performance Evaluation Allowance. Audit Officers
working in the Performance Evaluation Cell will be allowed Performance
Evaluation Allowance at the following rates:
B 17 and B-18
|
Rs. 300 p.m.
|
B-19 and B-20
|
Rs. 400 p.m.
|
7.89 Research Allowance. Research Allowance at the rate of 20% of the
pay subject to a maximum of Rs. 800 p.m. will be allowed to the employees in
BPS-16 and above, deployed exclusively on research work, both field officers and
those employed exclusively for the Research Organizations. This allowance would
be admissible to employees of such research organizations which are performing
purely research work and have been so recognized by the Finance and the
Establishment Divisions.
7.90 Deputation Allowance.Civil servants while on deputation to foreign
service in Pakistan
will be allowed a Deputation Allowance at the rate of 10% of the minimum of
their Basic Pay Scale
7.91 Medical Allowance. Medical Allowance
at the rate of Rs.50 per month will be allowed to the employees of BPS-1 to
BPS-15 instead of the reimbursement of the cost of medicines purchased by the
employees as outdoor patients. The facility of in-door treatment will continue
to be admissible.
SPECIAL ALLOWANCE FOR DEPUTY SECRETARIES:
7.92 (i) Special Allowance at a fixed
rate of Rs. 300 per month will be allowed instead of at the rate of 20% of pay
sanction vide Finance Division O.M. No. F. 1(4) R 3/83 dated the 8th December, 1985, to
holders of the post of Deputy Secretary and equivalent working in the Federal
Secretariat including President/PrimeMinister/National Assembly and Senate Secretariat
w.e.f. 1st July, 1987.
The existing Deputy Secretaries and equivalent in B-19 already drawing special
allowance at 20% of pay will continue to draw at the same rate, the amount of
their special allowance would be frozen at the rates admissible on 30th June,
1987 as personal to them for so long as they hold the post in B-19 and remain
posted in the Secretariat.
(ii) Special. Allowance would be admissible
even on move-over to BPS-20 in terms of Finance Division O.M. No. F. 1 (82) R.
3/85 dated 1st January. 1986.
[Ministry
of Finance O.M No F 1(7) Imp 11/87 dated 1st July, 1987 read with No 1(14) R 3/86, dated 1st July.
I986]
7.92 (A) Residence Orderly or Orderly
Allowance—
(i) The Establisment Division in their
O.M No 13/4/77-P.II dated 30th
April, 1977, had approved the provision of an Orderly to officers
in BPS-20 and above at their residence. It has now been decided that the
entitled officer may be allowed an option either to retain the orderly or to
receive an Orderly Allowance of Rs. 800 per month in lieu thereof. The option
for the orderly allowance should be exercised in writing and communicated to
the Audit Office through the Head of the Office concerned. The following
procedure should be observed:—
(i) Those opting for the orderly
allowance would furnish a certificate to their audit office to the effect that
they have not been provided with an orderly by the office or have surrendered
the one already provided to them. This certificate should be endorsed the audit
office by the officer incharge of administration of the concerned organization.
(ii) No new post of Naib Quasid may be
created in a Ministry/Division/Department without ensuring that the Residence
Orderly surrendered by any officer has been gainfully utilised in the office.
(iii) In the event of an officer in
receipt of Orderly Allowance opting for the residence Orderly, it will be
responsibility of the officer as well as, officer in charge of administration
of the concerred organization to intimate the audit office about it and have
the Orderly Allowance discontinued from the date the Residence Orderly is
provided out of the existing, sanctioned strength of the organization.
[Ministry
of Finance O M No F 1(3) Imp 11/85 dated 24th October1986]
(ii) The Orderly Allowance will be
admissible during all kinds of leave except extraordinary leave. For the
periods of training abroad the Allowance will be allowed provided the family of
the officer concerned remains in Pakistan.
[Ministry
of Finance O.M. F 1(3) Imp 11/85, dated 29th April 1987.]
7.92(B) Instruction Allowance.An
Instruction Allowance at the rate of 20% of the minimum of the BPS of the
officer concerned would be allowed w. e. f 1st July, 1986 to officers/staff deployed on
instructional duties in training institutions functioning as organizations of
the Federal Government or as Autonomous/Semi-autonomous institutions &
imparting training to Government servants. The allowance would be admissible to
the heads of the institutions also.Any other special pay, deputation pay or
deputation allowance admissible to the instructional staff, including heads of
the institutions, would cease to be admissible from the date of grant of
Instructional Allowance.
7.92-C Indexation of Pay — The pay of
all civil servants will be indexed in relation to the cost of living. The pay
admissible to an employee at any time will be the pay due to him in the
existing pay scale under the normal rules multiplied by the index applicable to
him from time to time. In calculating pay fraction of a Rupee, which is less
than fifty paisa will be ignored and that of fifty paisa or more willcount as
one Rupee. The indexed pay will be subject to the following conditions:--
(I) Indexed pay will be treated as pay
for the following purposes:—
(i) For deduction of Income Tax.
(ii) For deduction of G.P Fund and
Benevolent Fund contributions and Group Insurance premia.
(iii) For the grant of Provident Fund
Advance,
(iv) For encashment of Leave
Preparatory to Retirement,
(v) For calculation of pension,
(vi) For the recovery of house rent.
(vii)For grant of House Building
Advance, Motor Car Advance and Motor Cycle advance.
(II) Pay in the relevant pay scale and
not the Indexed pay will be lakcn into account for the following purposes:
(i) For entitlement of Car Maintenance Allowance
and Motor Cycle Maintenance Allowance.
(ii) For entitlement of TA and DA.
(iii) For calculating special pay or
allowances where these are a percentage of pay.
(iv) For the grant of increments and fixation of
pay on promotion etc.
(v) For the entitlement of Conveyance Allowance.
(vi)
For calculation of Deputation
Allowance.
(vii) For calculation of Overtime Allowance.
(viii) For calculation of other
allowances where these are a percentage of pay.
(III)
Benefit of Indexation of Pay will also be admissible to the following
categories: ---
(i) Contract Officers.
(ii) Employees appointed on fixed pay
or special terms.
(iii)Contingent paid staff.
(iv) Re-employed pensioners.
[Ministy of Finance O.M No F 1(4)- Imp-11/85,
dated 26-6-1985
of even No. dated 22-8-1985
and Ministry of Finance O.M No F-1 (31)-Imp.11/88 of 1st July, 1988]
7.92(D) Ph. D. /D. Sc. Allowance All Ph. D/D.
Sc. Degree holders would be allowed Ph. D. /D. Sc. Allowance @ Rs. 1500. p.m.
w.e.f. 1st July, 1988.The eligibility of the Allowance would not be linked with
the Recruitment Rules and irrespective of the job assigned to them.
[Finance Division O. M No.F.
3(l)-lmp.-l/88, dated 1-7-1988.]
7.92(E) Computer Allowance.The Computer
personnel would be entitled to the Computer Allowance @ Rs. 1000 p. m. w. e. f.
1st July, 1988.The Key Punch Operators/Key Punch Varifying Operators/Data Entry
Operators would also be allowed Computer Allowance @ Rs. 300 p. m. from 1st
July. 1988.
[Finance Division O. M. No. F. 3(6) R.
1/85 dated 26-6-1985,
even No. dated 1-7-1986
& No. F. 3 (3)-R. 1/88 dated 1-7-19881.]
7.92(F) Secretariat Allowance All the Federal
Government Employees in the Federal Secretariat, President’s Secretariat, Prime
Minister’s Secretariat, National Assembly Secretariat, Senate Secretariat and
the Centeral Board of Revenues have been granted Secretariat Allowance @ 20% of
the basic pay w.e.f. 1st
July, 1988.
All the Deputy
Secretaries and equivalent working in the Federal Secretariat and the Centrel
Board of Revenues, who were already receiving Special Allowance @ Rs.300 or 20%
of the pay vide para 7.92 would hence forh receive Secretariat Allowance in
lieu of the special allowance.
The officers
deputed from other services/Departments (who do not belong to Secretariat Group)
to work in the Secretariat and who are already getting special pay or allowance
have been allowed to exercise their option to draw the Secretariat Allowance @
20% of their basic pay or to continue to draw their existing special pay/allowance,
if any.
All other
Officers/Officials working in the Federal Secretariat, except the Private
Secretaries /Personal Assistants to Ministers, Ministers of State, Secretaries,
Additional Secretaries & Joint Secretaries, who are already in receipt of
special pay/allowance, would be allowed to exercise the option as in preceeding
sub paragraph.
The employees,
belonging to other departments but actually working within the Federal
Secretariat, would also be entitled to the Secretarial Allowance for so long as
they continue to be posted for performing duties in the Secretariat buildings
or offices. In their case the criteria for eligibility of the allowance would
be the actual performance of duties within the Federal Secretariat.
[Finance Division O.M. No.F 1(32)-IMP-11/88
of 1st July, 1988.]
7.92(G) Overtime Allowance The drivers of
the Government staff cars and despatch riders would be allowed the Overtime
Allowance @ Rs. 6 per hour subject to the maximum of Rs. 30 per day w. e. f. 1-7-1988.The
existing conditions regulating the grant of Overtime Allowance and the
provisions of Rule 275 of the Federal Treasury Rules would continue to apply.
(Finance Division O. M. No. F. 4 (I)-R
5/88 dated 1-7-1988)
ALLOTMENT OF
RESIDENCE (F. R. 45):
7.93. The Government servants can be allotted
residential houses owned or leased by the Government under such conditions as
may be imposed by the Local Government concerned. The rules framed in this
behalf may vary in respect of different localities and different classes of
residences.
7.94. If any civil or military Government
servant paid from Defence Estimates is in occupation of residence owned by the
Federal (Civil) Government, he would be required to pay the standard rent of
the building subject to the maximum of 5% of his salary. The Civil Government
will forego any difference between the actual standard rent of the building and
the rent recovered from the occupier. On the same analogy, there is an
agreement between the Federal Government and those of the Provinces that if the
employees of one Government
are in occupation of the property owned by the other Government, they will charge the same rent as from their own employees.
are in occupation of the property owned by the other Government, they will charge the same rent as from their own employees.
7.95. F. R. 45-A is applicable to those officers
whose posts or services have been included in the Schedule to the rule. On allotment
of residence to these officers they are required to pay the standard rent of
the building allotted to them or rent equal to 5% of their monthly emoluments,
whichever is the less. The standard rent is calculated in the basis of 6% per
annum of the Capital Cost of building. The Capital Cost of the building is
determined with reference to the cost of construction excluding value of the
site and expenditure on its preparation and including the cost of sanitary,
water supply and electric installations. If a residence is supplied with
additional amenities such as furniture, tennis court or garden maintained at
the cost of Government, rent is charged for these also in addition to the rent
as stated above. Where a garrage is provided for a particular residence, its Capital
Cost should be included in the Capital Cost of the residence for the purposes
of assessment of standard rent. Where it is not included, rent for the garrage
should be charged separately. In cases where the cost of acquiring or constructing
the residence and any capital expenditure incurred for after acquisition or
construction is not known, the present value of the residence should be taken
into consideration while determining the capital cost.
7.96. The scale of accommodation supplied to
an officer is normally according to his status, unless requested by him
otherwise. The term "emoluments' for purposes of calculating rent at 5%
includes pay, fixed monthly fees and payments from genera revenues,
compensatory allowance other than travelling allowance and uniform allowance,
exchange compensation allowance and pension before commutation, if any. If a
Government servant is under suspension, the rent is calculated on the basis of
subsistence grant. But if he is reinstated retro spectively and is paid all the
pay and allowances, he should be required to pay the difference of rent
calculated on the basis of subsistence grant and the emoluments.
The tenant is also required to pay cost of the gas, water and electric energy, etc.
He should also be required to pay municipal and other taxes not being in the
nature of house or property tax.
The tenant is also required to pay cost of the gas, water and electric energy, etc.
He should also be required to pay municipal and other taxes not being in the
nature of house or property tax.
7.97 In special circumstances, the Local
Government may, for reasons to be recorded, grant rent-free accommodation to
any officer or class of officers or waive or reduce the amount of rent and
municipal taxes. The concession of rent-free quarters, whenever granted, is
complete, that is, no additional charge is normally made in respect of
sanitary, water supply and electric installations.
7.98. Government servant who, at his own request,
is supplied with a residence owned or leased by the Government, of a class
higher than that for which he is eligible, when a house of his class is made
available to him, should be charged the full standard rent fixed for the residence
and should not be given the 5% concession.
7.99. F. R. 45-B applies to Government
servants, oilier than those to whom F. R. 45-A applies or is made applicable
under special orders. The provisions of F. Rs. 45-A and 45-B are, more or less,
identical with the exception of two main differences. In this case the Capital
Cost includes the cost of land and expenses incurred on preparation of site.
The standard rent is calculated on the Capital Cost of the residence and is a
percentage of such Capital cost equal to such rate of interest as may from time
to time be fixed by the President plus an addition for municipal and other
taxes in the nature of house or property tax and
for both ordinary and special maintenance and repairs, such addition being
determined under rules, which a Local Government may make.
for both ordinary and special maintenance and repairs, such addition being
determined under rules, which a Local Government may make.
FEES &
HONORARIA (FR 46 TO 48):
7.100. Government servant may be allowed by
the competent authority to perform a special service or series of services for a
private person or body or for a public body including a body administering a
local fund provided this can be done without detriment to his official duties
and responsibilities. If the service is material the government servant may be
permitted to receive as remuneration therefor a recurring or non-recurring fee.
The Ministries, Divisions, and Heads of Departments have been given full power
to sanction the undertaking of work for which a fee is offered and acceptance
of fee vide item 18 of Annexure II to the Finance Division 0. M. No. F. 3(4)
Exp. III/2000. dated 30-6-2000.
7.101. Under S. R. 12 one third of any fee
in excess of Rs. 50 or if a recurring fees of Rs. 50 a year paid to a Government
servant for services rendered in Pakistan has to be credited to the General Revenues.
One third of any fee in excess of $800 or equivalent received by a civil servant
for a foreign consultancy outside Pakistan is to be credited to
General Revenues. The Ministries, Divisions and Heads of Departments have, however,
full powers of exempting a Government servant from crediting portion of fees to
Government in respect of fees paid to Government servant for services rendered
in Pakistan
vide item 22 of
Annexure II to the Finance Division O.M.No. F. 3(4) Exp-III/2000, dated 30-6-2000
Annexure II to the Finance Division O.M.No. F. 3(4) Exp-III/2000, dated 30-6-2000
7.102. This rule does not apply to fees
received by Government servants from a University or other examining body in
return for their services as examiners and from a Board of Secondary Education
for services rendered as reviewers of books, it also does not apply to fees
received by Government servants for participation in a radio broadcast or
television programme or contribution of any article or writing of any letter to
any newspaper or periodical if such broadcast or television programme or
contribution or letter is of a purely literary, artistic or scientific character.
7.103 Honorarium. A competent authority may
sanction the grant of the honorarium from the general revenues to a Government
servant for doing certain work, provided that the following conditions ar
fulfilled:
(i) the work is
occasional in character;
(ii) is so laborious
or of such special merit as to justify special award;
(iii) the competent
authority has given prior consent to the undertaking of work; and
(iv) the amount of
honorarium has been settled in advance.
7.104. If in any case the last two conditions
are not fulfilled reasons therefor should be recorded in writing. In the case
of both fees and honoraria the sanctioning authority should give a certificate
that due regard has been paid to the general principle enunciated in F. R. 11
and the reasons justifying the grant of extra remuneration should also be
recorded. An Audit officer may insist that the reasons for the grant of an
honorarium or fee should be communicated to him in each case.
7.105. The temporary increase in the work of a
Government servant is not a valid justification for grant of honorarium to him.
The temporary increase in work arc normal incidents of Government service and
form part of legitimate duties of Government servants according to general
principle enunciated in F. R.11 and as such have no claim to extra
remuneration.
7.106. The powers to sanction the undertaking a
work for which an honorarium is offered and to the grant and acceptance of an
honorarium have been delegated to the Ministries and Heads of Departments upto
a maximum of Rs. 2000 and Rs. 1000 in each case respectively vide item No. 19
of Annexure II to the Finance Division O. M. of 11th March, 1981. The amount
should not exceed one month's pay of the Government servant concerned on each occasion.
In the case of recurring honoraria, this limit applies to the total of
recurring payments made to an individual in a financial year. The power will be
exercised subject to
the condition that the relevant rules and policy instructions issued by the Finance Division from time to time are duly observed and that the grant of honorarium is not used as a device to compensate a Government servant for special pay etc. not admissible under the rules. No expenditure should be incurred on honoraria in excess of the budget provision. If such provision becomes necessary at some stage prior concurrence of the Financial Adviser will be necessary before such expenditure is incurred.
the condition that the relevant rules and policy instructions issued by the Finance Division from time to time are duly observed and that the grant of honorarium is not used as a device to compensate a Government servant for special pay etc. not admissible under the rules. No expenditure should be incurred on honoraria in excess of the budget provision. If such provision becomes necessary at some stage prior concurrence of the Financial Adviser will be necessary before such expenditure is incurred.
7.107. The honoraria received by the Government
servants on account of their appointment as Examiners, Paper Setters or on the
viva voce Boards in connection with recruitment examination held by the Federal
Public Service Commission or the Provincial Public Service Commissions do not
require a separate sanction of the Government. Once the departments concerned
have agreed to their appointment as such, the sanction for honorarium is
automatically implied.
7.108. There is no objection to the payment of
honorarium to the heirs of a deceased Government servant.
7.109. The Government servant do not require
any special permission to receive:
(a) the premium
awarded for any essay or plan in public competition;
(b) any reward
offered for the arrest of a criminal or for information or any special service
in connection with the administration of justice:
(c) any reward
payable in accordance with provision of any Act or Regulations;
(d) any reward
sanctioned for services in connection with the administration of the Customs
and Excise Laws; and
(e) any fees
payable to a Government servant for duties which he is required to perform in
his official capacity under any special or local law or by order of Government.
7.110. Under F. R. 48-A, a Government servant
whose duties involve the carrying out of scientific and technical research shall
not apply for directly or indirectly, a patent for an invention made by him
except with the permission of the Local Government and under such conditions as
may be imposed by them. If a question arises as to whether a Government servant
is a Government servant to whom Rule 48-A applies, the decision of the Local
Government in this behalf will be final.
7.111. Combination of appointments (F.R.49): A Government
servant may be appointed by a competent authority to hold substantially as a
temporary measure or to officiate in two or more independent posts at one time
and may draw pay as follows:
(a)
the
highest pay to which he would be entitled under the rules, if his appointment
to one of the posts held by him stood alone;
(b) for each
other post held by him the competent authority may allow him to draw such
reasonable pay, as it may fix subject to the condition that it should not
exceed half the presumptive pay of the post.The term reasonable does no! mean
that half the salary should be allowed automatically, rather it should be as
deemed 'reasonable under the circumstances, subject to a maximum of 50%; and
(c) if
compensatory or sumptuary allowances are attached to one or more of the posts,
he may be allowed such compensatory allowance or sumptuary allowance as may be
fixed by the competent authority subject to the condition that such allowances
should not exceed the total of the compensatory and sumptuary allowances attached
to all the posts.
7.112. The provisions of F. R. 49 were
considered to be unduly liberal and extravagant by the late Government of India
as far back as in 1931 vides Finance Department O. M. No. F. 15 (11) RI/31
dated 2nd June, 1931.
It was therefore, suggested that one way of avoiding claims to extra-remunerations
could be to refrain from formally appointing the officer to the additional post
or posts. But if it was found that the extra duties were such as to justify
additional pay or there was a legal necessity of making a formal appointment,
then this could be done. In that event the officer could draw the pay of the
higher of the two posts and
granted additional pay which should not ordinarily exceed one fifth of the pay of
the lower post.
granted additional pay which should not ordinarily exceed one fifth of the pay of
the lower post.
7.113. The late government of India
also decided vide their O. M. No. 12(37) W. 11/45, dated 5th October, 1945 read with Office
Memorandum No. F. 7(3) E. II/46 dated 26th September, 1946 that posts which fell vacant for a
period of two months or less should ordinarily be held in abeyance and an officer
appointed to hold current charge of the routine duties of the post in addition
to his own dures. He could be granted a special pay equal to 20 per cent of his
pay subject to a maximum of Rs.800 per month w.e.f. 1st February 1987.
[Ministry of Finance O.M. No F 2(9)
R-3/85 dated 15th
March, 1987.]
7.114.(i) The Establishment Division in their O.
M. No. 1/21/76-AR.
I/R. II dated 18th June, 1980, have observed that under the existing
instructions all appointments by promotion in higher posts are to be made
through regular selection process, i. e. with the approval of the Central
Selection Board/ Departmental Promotion Committee and the authority competent
to make appointment to the grade in which the vacancy exists. However, in those
cases where a vacancy in higher post occurs for less than two months and it is
considered impossible for
good reasons to make arrangements for day to day work of that post to be carried
on otherwise the current charge of the duties of that post may be given temporarily,
with the approval of the authority competent to make appointments to the said post, to the senior most officer in the cadre present at the place or in the organization where the vacancy may have occurred if he is otherwise fit and eligible for promotion.
good reasons to make arrangements for day to day work of that post to be carried
on otherwise the current charge of the duties of that post may be given temporarily,
with the approval of the authority competent to make appointments to the said post, to the senior most officer in the cadre present at the place or in the organization where the vacancy may have occurred if he is otherwise fit and eligible for promotion.
(ii) Situations
arise in various departments where higher posts have to be filled urgently for
short periods independently of the normal promotion and appointment procedure
which takes time. In order to overcome the difficulty the President has been
pleased to delegate the power to make current charge appointments as follows:
(i) Secretaries/Additional Secretaries.
|
For BPS-17 to BPS-20
|
(ii) Heads of Attached Departments not
below B-21 including Chairman, FPSC and Chairman.Federal Inspection
Commission in respect of their own Officers.
|
For BPS-17 to BPS-20
|
(iii) Auditor-General of Pakistan,
for Pakistan Audit Department.
|
Upto BPS-20
|
(iv) Military Accountant General for
Military Accounts Department.
|
Upto BPS-20
|
(v) Member Finance, Railway Board for
Railway Audit Department.
|
Upto BPS-20
|
(vi) Head of Department as defined in
S. R. 2(10) not below B-20
|
For BPS-17 &18.
|
(iii) The exercise of
the powers so delegated would be subject to the observance of the following
conditions:
(i) the
arrangements should not be made for a period of less than one month and should
not exceed 3 months. However, it may be extended by another three months with the
approval of the next higher authority;
(ii) as soon as the
current charge is given, a proposal for regular appointment should be initiated
and referred to DPC/CSB within a month;
and
(iii) in making
current charge arrangement, the senior most officer avail-able in the
organization and present at the place where the vacancy may have occurred, if
he is otherwise fit and eligible for promotion should be considered.
7.115
In
case of additional charge arrangement, special allowance will be admissible at
a uniform rate of 20% of basic pay not exceeding Rs.800 w.e.f. 1st
February, 1987 subject to the fulfilment of the following conditions:--
(i) The work of the
vacant post, as far as possible, be distributed among more than one Government
Servant of the same status and designation available in the Ministries/Divisions/Departments.
(ii) Where the
distribution of the work among more than one Government servant is not feasible,
the charge of the vacant post may be entrusted, in its entirely, to another
Government Servant.This arrangement should not be made for a period less than
one
month and should not exceed three months and it should be allowed with specific approval of the Secretaries/Additional Secretaries/Heads of Attached Departments/Heads of Departments not below BPS-21. However, it may be extended by another three months with
the approval of next higher authority.
month and should not exceed three months and it should be allowed with specific approval of the Secretaries/Additional Secretaries/Heads of Attached Departments/Heads of Departments not below BPS-21. However, it may be extended by another three months with
the approval of next higher authority.
(iii) Immediately on
the expiry of six months of the full additional charge of the particular vacant
post, the post shall be treated as having been abolished and its duties
automatically becoming part of the normal duties of the other existing posts of
the same category in the Divisions/Departments concerned. The post so treated
as abolished shall not be revived without the concurrence of the Financial
Adviser concerned.
[Ministry of Finance O.M No F 2(9)
R-3/85 dated 18th
March, 1987.]
DEPUTATION OUT
OF PAKISTAN
(F. Rs 50 & 51):
7.116 Before Independence the deputation of Government
servants to whom the Fundamental Rules apply was regulated in accordance with F.
Rs. 50 & 51. In those days deputation outside the country was rare and
privilege of a few persons. After Independence
the situation changed and a large number of Government servants were required
to go abroad to attend international conferences or meetings or on other
diplomatic or trade missions. As the provisions contained in the Fundamental
Rules 50 &. 51 were inadequate to meet the
changed circumstances; revised orders were issued to regulate the case of deputation abroad of Government Servants. The revised rules may be found in Appendix 7 of the Compilation of Fundamental and Supplementary Rules Volume II. The powers to sanction deputation abroad of Government servants are contained item 45 of Annexure-II to the Finance Division O. M. No. F-l(5) R-12/808, dated 11th March, 1981.
changed circumstances; revised orders were issued to regulate the case of deputation abroad of Government Servants. The revised rules may be found in Appendix 7 of the Compilation of Fundamental and Supplementary Rules Volume II. The powers to sanction deputation abroad of Government servants are contained item 45 of Annexure-II to the Finance Division O. M. No. F-l(5) R-12/808, dated 11th March, 1981.
7. 117 In terms of these orders the
Government servants may be sent out of Pakistan on temporary duty with the
sanction of the President.While abroad they are treated on duty and entitled to
the pay and allowances as would have been admissible to them, but for their
deputation abroad. There are, however, certain restrictions on the drawal of
pay in the foreign currency. A Government servant on temporary duty abroad can
draw 50% of his pay in foreign currency subject to a maximum of Rs. 1, 400 in a
calendar month. Those in receipt of pay upto Rs. 850 per month may draw their
pay in foreign currency at the rate of Rs. 425
per month or their actual pay, whichever is less.
per month or their actual pay, whichever is less.
7.118 The officers proceeding
abroad on temporary duty are categorised as follows:
(i) Cabinet
Ministers; Heads of Diplomatic Missions within their jurisdiction; Chief of
Staff, Pakistan Army, Air Force and Navy; Members of the National Assembly/Senators,
officers in Basic Scale 21 and above and non-official leaders of delegation. [M/o
Finance O. M No (148) R-10/868 dated 22nd March, 1987].
(ii) Officers in
Basic Scale 20, Heads of Missions outside their jurisdiction, and Ministers
(diplomatic rank); Military Officers of the rank of Major General and above;
and non-officials other than leaders of delegations.
(iii) Employees in
Basic Scales 17-19 excluding officers who draw pay in Basic Scale 17 by move
over.
(iv) Officers in
Basic Scale 16 and below; military officials of corresponding rank.
7.119 When travelling abroad by air, road or
sea each officer will be entitled to actual cost of passage by public transport
in accordance with the class of accommodation to which he is entitled in Pakistan.
Non-official will, for this purpose, be treated as officers of the 1st category
(for purposes of T. A. in Pakistan).
When travelling abroad by rail officials or non-officials will be entitled to
actual fare of the class to which they are entitled. Travelling by sea will not
be undertaken except with the prior permission of the Head of Department and in
the case of Head of Missions, the Ministry of Foreign Affairs; the permission
will not be accorded except for valid reasons and after taking into account the
extra cost involved (excluding pay drawn during the journey period). The
officers of the Federal Government of the rank of Joint Secretary and above may
travel in 1st class by air when travelling abroad. If an officer
travels by rail and a night journey is involved he may claim the cost, if
incurred, of sleeper accommodation.
7.120 During travel, carriage of luggage
will not be allowed at Government expense and reimbursements may be claimed in
respect of official records and equipment carried for purposes of official
work, but prior permission of the competent authority should be obtained in
this regard. The officers of category I may, however, claim reimbursement of excess
baggage fare upto a total of 80 pounds (or 36 kilograms) of luggage (including
the free allowance on air tickets for journeys performed by air).
7.121 In respect of each night spent at
a place of halt, outside the headquarters on official duty, daily allowance
shall be admissible in accordance with the rates sanctioned by the Government
from time to lime. Except for category (I), the daily allowance rates are
consolidated rates to cover the cost of accommodation and meals etc. Whenever
the period of continuous stay at one station exceeds 28 nights, the rate of
daily allowance will be reduced by 10% beyond the period of 28 nights. If the
duration of halt exceeds 56 nights, the rate will be reduced by 15% beyond the
period of 56 nights.
7.122 In case of category I, the accommodation
will consist of a room plus bath room in a 1st class hotel, except where for representational
reasons a suit of room has to be hired but the cost of accommodation should
ordinarily not exceed the daily allowance rate admissible to category II
officer at that station. The payment of accommodation so booked by the Embassy will
initially be made by the mission but will be charged to the budget
allocation/foreign exchange quota of the Ministry/Department concerned. It is
permissible to an officer of category I to convert himself to category II at
his option. The accommodation for category I officers should normally be
arranged by the Pakistan missions at the stations.Where accommodation in a
hotel is not arranged by the Pakistan Embassy concerned and the official
concerned stays in a hotel under his own arrangement, in addition to the daily
allowance for category I, he is entitled to be allowed reimbursement of the
actual charges of single room accommodation not exceeding the amount of daily
allowance admissible to a category II officer on production of hotel bills. If
hotel bills are not produced daily allowance shall be admissible at the
category II rates. In such a situation the concerned officer will be allowed
advance of foreign exchange equal to daily allowance of category I plus
category II and this advance shall be adjusted on return of the officer to Pakistan
producing the hotel bills.
7.123 Whenever, the officer is a State Guest,
i. e., when the expenses for his accommodation and meals, etc., are paid for by
another Government or International organisation the daily allowance admissible
will be 30% of the normal rate at the station concerned.
7.124 During the transit by air if an over-night
journey is involved, the daily allowance shall be admissible at 30% of the rate
of the daily allowance. At the outward journey daily allowance will be allowed
for each day of transit at the rate of 30% of the daily allowance admissible at
the next place of duty. On return journey 30% of daily allowance will be
allowed for each day of transit at the rates admissible at the place where he
last stayed on duty.
7.125 In the absence of specific orders
to the contrary officials or non-officials accompanied by wives will receive
charges only for single accommodation. Anything extra will be paid by the
person concerned.
7.126 The actual expenditure incurred
abroad on incidental items like tips, taxi hire and porterage, etc., at the
place of halt will be reimbursed to the person concerned upto a maximum of 15%
of the rate of daily allowance admissible at that station. This will not be
admissible to those Government servants who are treated State Guests.
7.127 The extra amount spent by a Government
servant proceeding abroad on the purchase of foreign exchange in the form of
Travellers Cheques equivalent to the amount of daily allowance in U. S. Dollars
against the advance of daily allowance sanctioned to him, shall be reimbursed
on production of necessary receipt.
7.128 The daily allowance in Pakistan rupees will be calculated on the basis
of selling rates applicable to U. S. Dollar in cash or travellers cheques on
the date of purchase as notified by the State Bank of Pakistan. Original receipt from the
Bank from which foreign exchange has been purchased will be attached with the
T. A. Bill.
Terms Admissible
to civil servants proceeding abroad to participate in Seminars and symposia,
etc
7.129 The civil servants deputed abroad for
participation in symposia, seminars, study tours and the like are normally
provided board and lodging by the sponsoring foreign Governments and agencies
at their expense, but no cash payment is made to meet out-of-pocket expenses. Some
time the facilities provided are net adequate and suitable Government subsidy
is necessary. Such cases should be regulated as indicated below:--
S.No
|
Facility Offered
|
Government Subsidy.
|
1.
|
Board plus lodging.
|
30% of the normal rate of daily allowance
prescribed for the station concerned.
|
2.
|
Board plus lodging and cash payment.
|
Nothing if cash payment is equal to
30% of normal rate of daily allowance or more. If cash payment offered is
less than 30% of daily the difference between 30% and such cash payment.
|
3.
|
Furnished accommodation (including
water, electric Gas, washing facilities).
|
50% of the normal rate of daily allowance.
|
4.
|
Cash payment plus lodging but no board
|
50% of the normal rate of daily allowance
less cash payment offered.
|
5.
|
Cash payment plus board but no
lodging.
|
80% of daily allowance less cash
payment offered.
|
6.
|
No board, or lodging or cash payment.
|
Full daily allowance (as at present).
|
7.
|
Cash payment but not board or lodging.
|
Full daily allowance less cash payment
offered.
|
8.
|
Free transport (normally to be met out
of cash payment with or without any other facility).
|
10% to be deducted from the admissible
amount (as above) of daily allowance.
|
[M/o Finance O. M No F. 3(2)-R-10/76-950
dated 31-3-1977].
7.130 The payment of subsidy will be subject
to the following conditions:--
(i) All cases of
participation in seminars abroad in which financial liability of Government of
Pakistan in terms of Finance Division's O. M. No. F. 3(2) R-10/76-958, dated 31st March, 1977 is
involved will be sent to Cabinet Division after obtaining prior clearance of the
Finance Division (Regulations Wing).
(ii) Cabinet
Division may incorporate in their clearance/sanction the condition of
admissibility or otherwise of difference of daily allowance while according Government's
no objection to the proposed participation.
(iii) No difference
of daily allowance will be allowed on return of an officer after participation
in seminars etc. abroad.
(iv)The AGPR/State
Bank of Pakistan
will not allow payment on account of difference of D. A. unless the claim is
backed up by specific clearance from Finance Division.
[M/o Finance O. M No. F. 3(15) R-10/850,
dated 4-2-1987.
]
DISMISSAL (F. R.
52):
7.131 A Government servant ceases to draw the
pay and allowances of his post from the date of his dismissal or removal from
service.
SUSPENSION AND REINSTATEMENT (F. R. 53):
7.132 During the period of suspension Government
servants are entitled to the following payments:
(a) In case of Commissioned
Officers of the Pakistan Medical Department or Warrants Officers, who are
liable to revert to Military duty, they are entitled to pay and allowances to
which they would have been entitled, had they been suspended while in military
employment.
(b) The Government servants
other than those mentioned in (a) above as well as officers/employees of
Government controlled Corporations/Autonomous Organisations under suspension are
entitled to the following payments/facilities.
(i) Subsistence grants—Equal
to one half of the pay of the suspended government servant as laid down in the
Ministry of Finance O.M. No. 12(32) R-3/70 dated 14th February 1970.
(ii) Allowances—Compensatory
allowances as specified below if admissible before suspension:—
(a) Senior post allowance.
(b) House rent allowance.
(c) Local compensatory
allowance.
(d) Conveyance allowance.
(e) Dearness Allowance.
(iii) Residential telephone. — As
is laid down in the Cabinet Division's O.M. No 5/1/70 (Cord.1) dated 5th May, 1970
the telephone, if installed officially, will not be remova from the residence
of an officer under suspension.But during the period of his suspension, while
the line rent fo that telephone will be paid by the Ministry/Division/Department/Organisation
concerned (from where the suspended officer may draw his emoluments), payment on
account of local and trunk calls will be made by the office himself.
(iv) Residence Orderly— Naib
Qasid where provided will be withdrawn.
(v) Transport— No official
transport will be provided.
[Establishment
Division O. M. No. 9/80/79-C11 (A) dated 28-12-1978]
7.133(a) A Government servant committed to
prison either for debt or on a criminal charge should be considered as under suspension
from the date of his arrest and until the termination of the proceedings against
him, i. e., his suspension is automatic from the date of arrest till
termination of proceedings against him.
(b) A Government
servant against whom a criminal charge or proceeding for arrest or debt is
pending should also be placed under suspension by the issue of specific orders
to this effect during periods when he is not actually detained in custody or
imprisoned (e. g. whilst released on bail) if the charge made or proceeding
taken against him is connected with his position as a Government servant or is
likely to embarrass him in discharge of his duties as such or involves moral
turpitude; and
(c) The requirement
of obtaining approval of authority for extension of suspension period after
every 3 months laid down in Government Servants (Efficiency and Discipline)
Rules, 1973, does not apply to suspensions ordered, under these rules. Article
194 or 194-A do not mention any such requirement.
7.134(F.R.54): In cases, where the suspension of a
Government Servant is held to have been unjustifiable or not wholly justifiable
or he is re-instated after being dismissed, removed from service or suspended,
the revising or appellate authority may grant him the following pay and allowances
for the period of absence:-
(a) If the
Government servant has been honourably acquitted, he may be given the full pay
to which he would have been entitled but for his dismissal, removal or
suspension. The period of absence in such cases is treated as spent on duty.
For this purpose F. R. 54 should be treated as absolute and unconditional and
no question should be raised as to whether there was a post or not against
which he could be adjusted for the period of his absence or that he had no
longer any lien and another Government servant was appointed substantially in his
place. If the condition of lien had first to be satisfied the rule would not
have been absolute.
(b) Where a
Government servant has not been honourably acquitted he may be granted such
portion of pay as may be prescribed by the competent authority. In this case
the period of absence is not treated as spent on duty unless the revising or
appellate authority directs that it should be treated as duty. The competent
authority may also direct that the period spent under suspension may be
regarded as leave and the Government servant paid leave salary as permissible under
the rules. The period of suspension can be treated even the
extraordinary leave, but in such a case no recovery will be made for the subsistence grant and allowances already paid to the suspended Government servant. It has been held that F. R. 54 permits an appellate authority to convert a period spent under suspension into one of leave.
extraordinary leave, but in such a case no recovery will be made for the subsistence grant and allowances already paid to the suspended Government servant. It has been held that F. R. 54 permits an appellate authority to convert a period spent under suspension into one of leave.
[Finance Division O. M. No. F. 8(12) PR
2(RWP)/62. dated 29-9-1962.
]
(c)
The
amount of arrears payable to the Government servant concerned whether he is
reinstated as a result of a Court judgement or acceptance of his appeal by the departmental
authority, will be reduced by the amount earned by way of salary or as profit
on account of his having accepted some employment or been engaged in some
profitable business during the period he remained dismissed, removed or
suspended, and for the determination of the said amount a committee will be
constituted consisting of two officers of the administrative Division and a
representative of the Finance Division.
(Finance Division Notification No S. R.
O. 45 (KE)/80, dated 4-9-1980]
7.135(i) F. R. 54-A: If a Government servant,
who has been suspended pending inquiry into his conduct attains the age of
superannuation before the completion of inquiry the disciplinary proceedings against
him will abate and such Government servant will retire with full pensionary benefits
and the period of suspension will be treated as period spent on duty.
[Finance Division Notification No. 12(8)
Reg 6/79 dated 19-11-1980]
(ii) The posts
vacated by dismissed Government servant may be filled substantively, but such
arrangements have to be reversed if the dismissed Government servant is
reinstated on appeal.
7.136 F. R. 55: No leave may be granted to a
Government servant under suspension.
COMPULSORY
RETIREMENT (FR 56 & 57):
7.137 The retirement from service is now
regulated under section 13 of the Civil Servants Act, 1973 (Act No. LXXX1 of 1973)
instead of F. Rs 56 and 57.In terms of this section, a civil servant shall
retire from service:
(i) in case of an
officer holding the post of Additional Secretary to the Federal Government or
any equivalent or higher post, on such date as the competent authority may, in
the public interest direct;
(ii) in any other
case on such date after he has completed twenty five years of service
qualifying for pension or other retirement benefits as the competent authority
may, in the public interest, direct; or
(iii)
where
no order has been passed under (i) & (ii) above on the completion of sixty
years of age.
The competent
authority for the aforesaid purposes means appointing authority or a person
duly authorised by the appointing authority in that behalf, not being a person
lower in rank than civil servant concerned.
7.138 Leave preparatory to retirement can be
granted only if the Government servant applies for it.
[Authority:Finance Division No F.
4(3)-RS/66, dated 30-4-1966].
A question was
raised whether it is permissible to grant leave to a Government servant who, in
exercise of the right conferred by para 5 of this Ministry's Office Memorandum
No. CB/12/63-Imp (I), dated the 18th August, 1966, might apply for retirement
after completing 25 years qualifying service, but before attaining the age of
superannuation. It has been held, in consultation with the Establishment
Division, that such a Government servant may be granted leave as is due and
admissible under the rules applicable to him, provided:
(i) that the leave
is applied for sufficiently in advance of the date from which the retirement is
sought to be effective;
(ii) that the leave
does not exceed the leave which could be granted under the relevant rules, as
leave preparatory to retirement; and
(iii) that the grant
of leave will be subject to provision of F. R. 67.
[Authority: Finance Division U. O No
I094-R-I/67, dated 2-8-1967].
7.139 If any Government servant seeks employment
during leave preparatory to retirement under the Central or a Provincial
Government or in an autonomous or semi-autonomous corporation or body set up
by, or under the Control of the Central or a Provincial Government or in a
local body or a local fund, his leave salary shall be restricted to the amount
of anticipated pension in accordance with Government decision below F. R. 69.
[Authority: Finance Division No F.
4(3)-RS/66, dated 17-11-1966].
LEAVE
RULES
TITLE (F. RS. 66
TO 68):
7.140 Leave is earned by a Government servant
by the period of duty only.The leave cannot be claimed as a matter of right. In
the exigencies of public service a competent authority has every right to
refuse or revoke the leave of any kind. This discretion, however, does not
entitle an authority to alter the nature of leave applied for. The grant of
leave can be refused but the nature of leave, applied for, cannot be altered
under any circumstances.
7.141 During the period of Foreign Service, a
Government servant will not earn any leave under the Government. His leave terms
during the period of foreign services will be regulated by the leave rules of
the foreign employer.
7.142 If a Government servant, who quits the
public service on compensation or invalid pension or gratuity, is re-employed
and if his gratuity is there upon refunded or his pension held wholly in abeyance,
his past service thereby becoming pensionable on ultimate retirement, he may,
at the discretion of the authority sanctioning the re-employment and to such
extent as that authority may decide, count his former service towards leave.
7.143 A Government servant who is dismissed
or removed from the public service, but is reinstated on appeal or revision, is
entitled to count his former service for leave.
7.144 Resignation of the public service, even
though it is followed immediately by re-employment, should entail forfeiture of
past service for the purpose of leave under the Fundamental Rules and should, therefore,
constitute an interruption of duty for the purpose of 'Supplementary Rules
286'.
EMPLOYMENT
DURING LEAVE (F.R.69):--
7.145 A Government servant is
not permitted to accept any employment during the period of leave. A competent
authority may, however, permit him to do so.
7.146 If any Government servant
seeks employment during leave preparatory to retirement under the Central or a
Provincial Government or in an autonomous or semi-autonomous corporation or
body set up by, or under the control of the Central or a Provincial Government
or in a local body or a local fund, his leave salary should be restricted to
the amount of pension to which the Government servants will be entitled on
retirement.
RETURN FROM
LEAVE ON MEDICAL CERTIFICATE (F.R.71):
7.147 If a Government servant is granted leave
on medical certificate, he cannot be permitted to return to duty without first producing
a medical certificate of fitness in such form as may be prescribed by the
competent authority. A Government servant who is granted leave for reasons of
health may also be required to produce a medical certificate of fitness irrespective
of the fact whether leave was granted to him with or without a medical
certificate.
LAPSE OF LEAVE
(F.R.86):
7.148 The leave at the credit of a Government
servant in his leave account shall lapse on the date of compulsory retirement.
AFFIXATION OF
HOLIDAYS (S. RS. 209 TO 211):
7.149 Leave ordinarily commences from the day
following that on which transfer of charge is affected and ends on the day
preceding that on which charge is resumed.
7.150 Where the day immediately preceding the
day on which the Government servant's leave begins or immediately following the
day on which the leave expires is a holiday or one of a series of holidays, the
Government servant may leave his station at the close of the day before or
return to it on the day following such holiday or holidays. This is, however,
subject to the condition that where holidays are prefixed or suffixed to leave,
the leave and consequent arrangements of pay and allowances will take effect
from the first day after the holidays or the last day before the holidays,
respectively. In the order for the grant of leave mention should be made
regarding the permission to the Government servant to prefix or suffix holiday
or holidays as the case may be.
LEAVE ACCOUNT
(F. R. 76):
7.151 The leave account of a gazetted Government
servant is maintained by the audit officer concerned. The leave account of a
non-gazetted Government servant is maintained by the head of the office in which
he is employed. The leave account in case of those Government servants, who
have elected the Revised Leave Rules, is maintained in Form ATC-8.
DISABILITY LEAVE
(F. R. 83):
7.152 All Ministries/Divisions may grant special
disability leave to a government servant who is disabled by injury intentionally
inflicted or caused in, or in consequence of, in due performance of his official
duty or in consequence of his official position. This leave is granted only
when the disability manifested itself within 3 months of the occurrence to
which it is attributed. If, however, the President is satisfied as to the
cause, the disability leave may be granted in those cases also where the
disability manifested itself more than 3 months after the occurrence of the
cause.
7.153 The period of leave will be such as is
certified to be necessary by a medical board. Any extension of the leave will
be permissible on the certificate of the medical board. The total leave should
not exceed 24 months.
7.154 Special disability leave can be combined
with any other kind of leave. This may be granted more than once if the disability
is aggravated or reproduced in similar circumstances at a later date but not
more than 24 months leave will be granted in consequence of any one disability.
The leave is counted as duty in calculating service for pension and is not debited
to the leave account. Leave salary during disability leave shall be equal to
full pay for the first 180 days and half pay for the balance period.
7.155 The special disability leave may also be
granted to a Government servant who is disabled by injury accidentally incurred
or incurred in or in consequence of due performance of his official duties, or
in consequence of his official position or by illness incurred in the performance
of any particular duties which has the effect of increasing his liability to
illness or injury beyond the ordinary risk attaching to the civil post which he
holds. The disability due to disease should, however, be certified by medical
board to be directly due to the
performance of the particular duty and the President should be convinced that the disability was so exceptional in character or that the circumstances of its occurrence were such as to justify such unusual treatment as the grant of disability leave.
performance of the particular duty and the President should be convinced that the disability was so exceptional in character or that the circumstances of its occurrence were such as to justify such unusual treatment as the grant of disability leave.
STUDY LEAVE (F.
R. 84 & APPENDIX 9 OF VOL-II):
7.156 Study leave may be granted to Government
servants to enable them to study scientific, technical, or similar problems or
to undergo special courses of instructions; such leave is not debited against
leave account.
7.157 Study leave is granted on half pay and
the maximum period should not exceed 2 years. Extraordinary leave may also be
combined with the study leave and in that case the condition of the maximum
period will not apply.
7.158 During the study leave a study allowance
at the prescribed rates is granted for the period spent in prosecuting a
definite course of study at a recognised institute.
CASUAL LEAVE:
7.159 The casual leave is not treated as absence
from duty and the pay of the Government servant is not intermitted. The grant
of casual leave is always subject to the condition that it does not cause
evasion of the rules regarding date of reckoning pay and allowance; charge of office;
commencement and end of leave and return to duty.
7.160 The maximum period of casual leave
admissible during a calendar year is 20 days. Any balance of casual leave not
availed of lapses with the end of a year. The casual leave cannot be combined
with any other type of leave or joining time.
QUARANTINE LEAVE
(APP. 3 F. R. & S. R. VOL-II):
7.161 Quarantine leave is in the nature of extra
casual leave and is granted on account of absence from duty necessitated by
order not to attend office in consequence of infectious disease in the family,
or household of a Government servant. Infectious diseases are; cholera; smallpox;
plague; typhus fever; cererospinal meningitis or any other disease declared as
infectious by the Government. The quarantine leave may be granted by the Head
of the office on a certificate of a medical or public health officer. Normally
the period of quarantine
leave should not exceed 21 days, but in exceptional circumstances it can extend upto 30 days. Any further leave required in excess of this period should be treated as ordinary leave as admissible to a Government servant. The quarantine leave may also be granted in combination of other leave subject to the maximum referred to above. A Government servant on quarantine leave is not treated as absent from duty and his pay is not intermitted.
leave should not exceed 21 days, but in exceptional circumstances it can extend upto 30 days. Any further leave required in excess of this period should be treated as ordinary leave as admissible to a Government servant. The quarantine leave may also be granted in combination of other leave subject to the maximum referred to above. A Government servant on quarantine leave is not treated as absent from duty and his pay is not intermitted.
7.162 A civil servant may be granted quarantine
leave outside his leave account to the extent that his authorised medical
attendant recommends and the period of such leave is treated as duty with full
pay and allowances of the post held by him at the time of proceeding on leave.
AUTHORITIES
EMPOWERED TO GRANT LEAVE (S. RS. 206 TO 207):
7.163 Excepting the disability leave, any
leave may be granted to non-gazetted Government servant by an authority who is
competent to fill up the post by the person if it was vacant. In case of a
Gazetted Officer no leave can be granted until a report on the title to leave
has been obtained from the audit officer concerned. But in case of leave on
full pay not exceeding 120 days, other than leave preparatory to retirement, it
can be granted to him if the Government servant concerned records a certificate
to the effect that the leave applied, is due to him and the sanctioning
authority is also satisfied on the basis of the facts known to him that the
leave is admissible.
LEAVE ON MEDICAL
CERTIFICATE (S. RS. 220 TO 231):
7.164 In all cases where there is no
reasonable prospect of a Government servant being fit to resume the duty the
medical officer should not recommend the grant of leave. In all such cases the
opinion that the Government servant is permanently unfit for Government service
should be recorded in the medical certificate. Every medical certificate
implies that no recommendation for leave mentioned therein will be evidence to
claim to any leave not admissible to the Government servant under the rules.
7.165 Before any Gazetted Officer is granted
his leave or extension of leave on medical certificate he should obtain a certificate
in the form prescribed in S. R. 222 from the authorised medical attendant. Any
leave granted to him will be on the basis of the certificate issued by the
medical committee on the form prescribed in S. R. 224 or 226 as might be the
case. The grant of such a certificate does not in itself confer upon the
Government servant any right to leave. In case of a non-gazetted Government
servant the medical certificate can be signed by a registered medical
practitioner.
7.166 The leave applied for on medical certificate
cannot be refused.The authority competent to sanction leave may, however, at
its discretion, secure a second medical opinion by requesting the Civil Surgeon
or medical board, as the case may be, to have the applicant medically examined.
The form of certificate has been prescribed in S. R. 229.
7.167 No Government servant who is granted
leave on medical certificate will be permitted to resume duty unless a
certificate of fitness from an authority of an equal status, which granted the
medical certificate, is obtained and produced to the department concerned.
GRANT OF LEAVE
(S.R. 232 TO 234):
7.168 In case where all applications for
leave cannot be granted on account of the exigencies of public service a competent
authority, in deciding as to which applicant should be granted leave, should
take into account the following considerations:
(i) The Government
servant who can for the time being best be spared.
(ii) The amount of
leave due to the various applicants.
(iii) The amount and
character of the service rendered by each applicant since his last return from
leave.
(iv) The fact that
any applicant was recalled from last leave.
(v) The fact that
any such applicant has been refused leave previously in the interest of public
service.
THE REVISED
LEAVE RULES, 1980:
7.169 Leave is admissible to a civil servant
and granted to him by the competent authority at the following rate and scale:
(i)
Leave on full pay.
A civil servant will earn leave only on full pay.It is to be calculated at the
rate of four days for every calendar month of the period of duty rendered and
credited to the leave account as "Leave on full pay"; duty periods of
15 days or less in a calendar month being ignored and those of more than 15
days being treated as a full calendar month for the purpose. If a civil servant
proceeds on leave during a calendar month and returns from it during another
calendar month and the period of duty in either month is more than 15 days, the
leave to be credited for both the incomplete months will be restricted to that
admissible for one full calendar month only.
(ii)
Accumulation.
There is no maximum limit on the accumulation of such leave.
(iii)Vacation
Department
The provision in (i) above will not apply to a vacation department: in its.
case, a civil servant may earn leave on full pay (a) when he avails himself of
full vacation in a calendar year-at the rate of one day for every calendar
month of duty
rendered, (b) when during any year he is prevented from availing himself of the full vacation-as for a civil servant in a non-vacation department for that year, and (c) when he avails himself of only a part of the Vacation-as in (a) above plus such proportion of thirty
days as the number of days of vacation not taken bears to the full vacation.
rendered, (b) when during any year he is prevented from availing himself of the full vacation-as for a civil servant in a non-vacation department for that year, and (c) when he avails himself of only a part of the Vacation-as in (a) above plus such proportion of thirty
days as the number of days of vacation not taken bears to the full vacation.
GRANT OF LEAVE:
7.170(i) Leave on full pay. The maximum
period of leave on full pay that may be granted at one time will be as follows:
(a) Without medical certificate
|
120 days
|
(b) With medical certificate
plus
|
180 days
|
(c)On medical certificate from
leave account in entire service.
|
365 days
|
If some one has
already availed himself of this concession under the previous leave rules, that
period would be debited to the maximum of 365 days.
(ii)
Leave on half pay. (a)
Leave on full pay may be converted into leave on half pay, at the option of the
civil servant; the debit to the leave account will be at the rate of one day of
the former for every two days of the latter, fraction of one-half counting as
one full day's leave on full pay. The request for such conversion will be
specified by the civil servant in his application for the grant of leave.
(iii)
Leave preparatory to retirement.The maximum period upto which a civil
servant may be granted leave preparatory to retirement will be 365 days. It may
be taken, subject to availability, either on full pay, or partly on full pay
and partly on half pay, or entirely on half pay, at the discretion of the civil
servant.
7.171 Counting of Leave: Leave may be
applied for, expressed, and sanctioned, in terms of days.
7.172 Carry Forward Of Leave: All leave at
credit in the account of a civil servant who was in service on the 1st July, 1978 is to be
carried forward and expressed in terms of leave on full pay.
The leave account in such cases will,
with effect from 1st July, 1978 or in the case of civil servant who was on
leave on that date with effect from the date of his return from leave, be
recast as under:
(i) LAP
(a)
(b)
|
1 month
1 day
|
30 days
1 day
|
(ii) LHAP
(a)
(b)
|
1 month
2 days
|
15 days
1 day
|
Fractions if any will be ignored.
7.173 Recreation Leave: It may be
granted for 15 days in a calendar year, the debit to the leave account will,
however, be for 10 days. This leave is not admissible to a civil
servant in the Vacation Department.
servant in the Vacation Department.
7.174 Leave not due: It may be
granted to all Government servants on full pay, to be offset against leave to
be earned in future, for maximum period of 365 days in the entire period of
service, subject to the condition that during the first 5 years of service it
shall not exceed 90 days in all. Such leave may be converted into leave on half
pay. It will be granted only when there are reasonable chances of the civil servant
resuming duty. Such leave will be granted sparingly and to the satisfaction of
sanctioning authority.
7.175 Special leave: A female civil
servant, on the death of her husband, may be granted special leave on full pay,
when applied for, not exceeding 130 days. This leave shall not be debited to
her leave account. Such leave will commence from the date of death of her
husband. She should produce the death certificate along with her application
for leave or separately.
MATERNITY LEAVE:
7.176 A female Government servant may be
granted maternity leave on full pay for the period which may extend upto ninety
days from the date of its commencement or 45 days from the date of confinement
whichever is earlier. Leave of any other kind may be combined with the
maternity leave. The maternity leave may be granted to permanent as well as to
temporary Government servants.With the exception of the employees of Vacation Departments,
maternity leave may not be granted for more than three times in the entire
service of a female civil servant. For confinements beyond the third one the
female civil servant would have to take leave from her normal leave account.
Spells of Maternity Leave
already availed of will be accounted for against the three times limit.
already availed of will be accounted for against the three times limit.
EXTRAORDINARY
LEAVE (LEAVE WITHOUT PAY):
7.177(i) The Extraordinary leave may be granted
on any ground upto a maximum period of five years at a time, provided the civil
servant to whom such leave is granted has been in continuous service for a
period of not less than ten years. The maximum period of five years will be
reduced by the period of leave on full pay or half pay, if granted in continuation
with extraordinary leave.If, however, a civil servant has not completed ten
years of continuous service, E. O. L. without pay for a maximum period of two
years, may be granted at the discretion of the head of his office.
(ii) This leave may
be granted irrespective of the fact whether the civil servant is a permanent or
temporary Government servant.
(iii) The Authority
empowered to grant leave may commute retrospectively the periods of absence
without leave into extraordinary leave (F.R. 85).
7.178(a) Refusal of leave preparatory to retirement
and Encashment of Leave---
(i) If in case of
retirement on superannuation or voluntary retirement on completion of thirty
years qualifying service a civil servant cannot, for reasons of public service,
be granted leave preparatory to retirement duly applied for in sutficient time,
he will in lieu thereof be granted lump sum leave pay for the leave refused to
him subject to a maximum of one hundred and eighty days leave on full pay.
(ii) Such leave can
be refused partly. & sanctioned partly but the cash compensation shall be
admissible for the actual period of such leave so refused not exceeding one
hundred and eighty days.
(iii) The payment of
leave pay in lieu of such refused leave may be made to the civil servant either
in lump sum at the time of retirement or may, at his option, be drawn by him
month-wise for the period of leave so refused.
(iv) for the purpose
of lump sum payment in lieu of such leave, only the "Senior Post
Allowance" will be included in "Leave Pay" so admissible.
(v) In case a civil
servant on leave preparatory to retirement dies before completing one hundred
and eighty days of such leave, his family shall be entitled to lump sum payment
equal to the period falling short of one hundred and eighty days.
(b)
Power to refuse leave preparatory to retirement, etc:
(i) Ordinarily,
leave preparatory to retirement shall not be refused.
(ii) All orders
refusing leave preparatory to retirement to a civil servant and recalling civil
servant from leave preparatory to retirement shall be passed only by the
authorities specified below:
For civil servants of BPS-17 and
above.
|
Secretary, Establishment
Division personally.
|
For civil servants of BPS-16 and
below.
|
Secretary of the concerned
division personally.
|
(iii)
The
authorities specified in sub-rule (ii) shall not delegate these powers to any
other authority.
(iv) All proposals
regarding refusal of Leave Preparatory to Retirement to the Officers in BPS-17
and above shall be submitted to the respective appointing authorities with detailed
justification atleast three months before the officer is due to proceed on such
leave..
(c)
Option for Encashment of Leave preparatory to Retirement:
(i) a civil servant
may, fifteen months before the date of superannuation or thirty years qualifying
service on or after the 1st
July, 1983 at. his option, be allowed to encash his leave preparatory
to retirement if he undertakes in writing to perform duty in lieu of the whole
period of three hundred and sixty-five days or lesser period which is due and
admissible.
(ii) In lieu of such
leave, leave pay may be claimed at any time during the period at the rate of
pay admissible at the time the leave pay is drawn for the actual period of such
leave subject to a maximum of one hundred and eighty days. The rate of leave
pay will be the rate admissible on the date such leave would have commenced.
The leave pay may be drawn at any time for the period for which duty has
already been rendered.
[Finance Division Notification F. l
(73)-R4/84, dated 15-10-1985]
(iii) If at any time
during such period leave is granted on account of ill health supported by
medical certificate or for performance of Haj, the amount of cash compensation
on account of leave pay will be reduced by an amount equal to the leave pay for
half the period of leave so granted, for example, if an employee who has opted
for encashment of such leave, has taken sixty days leave, his cash compensation
equal to thirty days leave will be forfeited.
(iv) The civil
servant will submit the option to the authority competent to sanction leave
preparatory to retirement, which will accept the option and issue formal
sanction for the payment of cash compensation.
(v) For the purpose
of payment in lieu of such leave, only the "Senior Post Allowance"
will be included in "Leave Pay" so admissible.
[Finance Division Notification No F. l (73)-R4/84,
dated 18-12-1984]
IN-SERVICE
DEATH:
7.179 In case a civil servant dies, or is declared
permanently incapacitated for further service by a Medical Board while in
service, a lump sum payment equal to leave pay upto 180 days out of the leave
at his credit will be made to his ‘family’ as defined for the purpose of family
pension or as the case may be, to the civil servant.
[Finance Division's Notification No. F. l
(34)-R4/85, dated l-9-l985]
INDICATION OF
REASONS OF LEAVE NOT NECESSARY:
7.180 It will not be necessary to specify the
reasons for which leave has been applied, so long as that leave is due and
admissible to a civil servant. Leave applied for on medical certificate will
not be refused. The authority competent to sanction leave may, however, at its
discretion, secure a second medical opinion by requesting the Civil
Surgeon/Medical Board to have the applicant medically examined.
COMMENCEMENT/END
OF LEAVE:
7.181 Instead of indicating whether leave
starts/ends in the forenoon or afternoon leave may commence from the day following
that on which a civil servant hands over the charge of his post. lt may end on
the day preceding that on which he resumes duty.
RECALL FROM
LEAVE:
7.182 If a civil servant is recalled to duty
compulsorily with the personal approval of the head of the his office from
leave of any kind, that he is spending away from his headquarters, he may be
granted a single return fare plus daily allowance as admissible on tour from
the station where he is spending his leave to the place where he is required to
report for duty. In case he is recalled to duty at headquarter and his
remaining leave is cancelled the fare then admissible will be for one way
journey only. If return from leave is optional, no concession is admissible.
OVERSTAYAL AFTER
SANCTIONED LEAVE:
7.183 Unless his leave is extended by the
head of his office, a civil servant who remains absent after the end of his
leave is not entitled to any remuneration for the period of such absence, and
double the period of such absence will be debited against his leave account.
Such debit, if there is insufficient credit in the leave account, be adjusted
against further earning. Such double debit will not preclude any disciplinary
action that may be considered necessary under the rules.
LEAVE SALARY:
7.184 The leave salary on average pay is
calculated on the basis of the average pay drawn during the twelve complete
months immediately preceding the month in which the leave is taken or in the
case of leave taken on or after 1st July, 1969 leave salary is admissible at a
rate equal to the pay last drawn by the Government servant before the
commencement of the leave, if the same be more than the average pay. Leave
salary on half pay will be half of the average pay/pay last drawn as mentioned
above.
LEAVE
EX-PAKISTAN:
7.185 Leave on full pay may also be granted as
leave ex-Pakistan to a civil servant who applies for such leave or who proceeds
abroad during leave, or takes leave while posted abroad or is otherwise on duty
abroad, and makes a specific request to that effect. The leave pay to be drawn
abroad shall, however, be restricted to a maximum of Rs. 3, 000 per month. Such
leave pay shall be payable for the actual period, of leave spent abroad subject
to a maximum of 120 days at a time. The concession of drawing leave salary
outside Pakistan
is, however, not tadmissible to those Government servants who were appointed after
the 17th May, 1958.
They will draw their leave salary in Rupees in Pakistan irrespective of the country
where they spend their leave.
COMBINATION OF
DIFFERENT TYPE OF LEAVE:
7.186 One type of leave may be combined with
joining time or with any other type of leave otherwise admissible. But the leave
preparatory to retirement cannot be combined with any other kind of leave.
EXPLANATORY
INSTRUCTIONS FOR FILLING UP THE LEAVE ACCOUNT FORM:
7.187 The leave account will be maintained
for all civil servants of the Federal Government who were in service on the 1st
July, 1978 including those who were on leave on that date and have not opted to
retain the existing leave rules and others, who enter service on or after 1st
July, 1978.
7.188 All leave at credit in the account of a
civil servant who was in service on the 1st July, 1978 shall be converted in terms of leave on
full pay at the following rates:
(i) L. A. P.
(a) 1 month
(b) 1 day
|
30 days
1 day
|
(ii) L. H. A. P.
(a) 1 month
(b) 2 days
|
15 days
1 day.
|
(Fractions if any to be ignored)
7.189 The leave account shall commence with an
opening entry "Due on 1st
July, 1978" or in the case of a civil servant, who was on
leave on 1st July, 1978
with effect from the date of his return from leave. For the purpose of
computing the leave at credit, the service upto 30th June, 1978 will be taken into account.
The leave due in terms of leave on full pay in days will be noted in Column No.
21.
7.190(i) In calculating the leave earned on full
pay at the rate of 4 days for every calendar month the duty period of 15 days
or less in a calendar month shall be ignored and those of more than 15 days
shall be treated as a full calendar month for the purpose. If a civil servant
proceeds on leave during a calendar month and returns from it during another
calendar month and the period of duty in either month is more than 15 days, the
leave to be credited for both the incomplete months will be restricted to that
admissible for one full calendar month only.There shall be no maximum limit on
accumulation of this leave.
(ii) The provision
in (i) above will not apply to a vacation department. In its case, a civil
servant may earn leave on full pay (a) when he avails himself of full vacation
in a calendar year?at the rate of one day for every calendar month duty
rendered (b) when during any year he is prevented from availing himself of the
full vacation?as for a civil servant in a non-vacation department for that
year, and (c) when he avails himself of only a part of the vacation?as in (a) above
plus such proportion of thirty days as the number of days of vacation not taken
bears to the full vacation.
7.191(a) Leave on full pay may be converted into
leave on half pay at the option of the civil servant; the debit to the leave
account will be at the rate of one day of the former for every two days of the
latter, fraction of one half counting as one full day's leave on full pay. The
request for such conversion shall be specified by the civil servant in his
application for the grant of leave.
(b)
There
shall be no limit on the grant of leave on half pay so long as
it is available by conversion in the leave account.
it is available by conversion in the leave account.
7.192 L. P. R. on full pay will be noted in column
No. 10 while that on half pay in columns No. 13 and 14.
7.193 Leave not due may be granted on full
pay to be offset against leave to be earned in future for a maximum period of
365 days in the entire period of service, subject to the condition that during the
first five years of service it shall not exceed 90 days in all. Such leave may
be converted into leave on half pay. It shall be granted only when there are
reasonable chances of the civil servant resuming duty.
7.194 The grant of Special Leave, Maternity
Leave, Disability Leave, Extraordinary Leave, payment of leave pay for refused
L. P. R. upto a maximum of 180 days, lump sum payment equal to full pay upto
180 days out of leave at credit made to the family of a Government servant, whose
death occurs while in service. Seaman sick leave, Department leave. Study
leave, Hospital leave and Quarantine leave shall be noted in column No. 22,
Maternity leave other than three times in entire service shall, however, be debited
to the relevant column of the leave account.
7.195 When a Government servant applies for
leave columns 2 to 7 shall be filled in showing the period of duty upto the
date preceding that on which a Government servant intends to go on leave. The full
calendar months to be noted in column 5 hall be worked out on the lines
indicated in para 7.190 above.
7.196 When a Government servant returns from
leave columns 8 to 23 shall be filled in according to the nature of leave. If
leave not due is availed off the minus balance to be shown in column No. 21
should be written in red ink.
JOINING TIME
(F.Rs. 105 TO 108):
7.197 The joining time is granted to a
Government servant in order to enable him:
(a) to join a new post which he is appointed while
on duty in his old post; or
(b) to
join a new post.
(i) while returning from leave on average
pay not exceeding 4 months; or
(ii) if he was not
given sufficient notice regarding his appointment to the new post, on return
from any leave other than that specified in (i) above; or
(c) to
travel from the port of debarkation or in case of air journey from first
airport of call in Pakistan to organize his domestic establishment, on return
from leave out of Pakistan for more than 4 months; or
(d) (i) to proceed from a specified station to join a post in a remote locality,
which is not easy of access; or
(ii) to proceed on
relinquishing charge of a post in a remote locality to a specified station.
7.198 The joining time in respect of clauses (c)
and (d) above is not admissible to the holders of posts of Judge of a High Court
and Secretary to the National Assembly.
7.199 The following are some important decisions
under the rules referred to above---
(a) No joining
time, joining time pay and travelling allowance should be granted to a
Provincial Government servant who is appointed to a post under the Federal
Government, while on duty in his old post, but joins his new post after
termination of his employment under the Provincial Government by resignation or
otherwise. When the employment of a particular Government servant is in the
wider public interest, this rule may be relaxed.
(b)
A
Government servant, who proceeds on leave on average pay not exceeding 4 months
from his old post in another station where he is spending the leave, should be
granted joining time for one day only in terms of S. R. 293.
(c)
The
Government servants, who are appointed to the posts under the Federal
Government on the results of the competitive examination which is open to both
Government servants and others, are allowed the joining time and joining time
pay as follows: ?
(i) Joining time is
admissible to all Government servants serving under the Federal Government and
to Provincial Government servants who hold substantive permanent posts.
(ii) The joining
time pay is admissible to those Government servants only (including those of a
Provincial Government) who hold permanent posts in a substantive capacity.
(iii) Travelling
allowance on transfer is allowed only in such cases, where joining time pay is
admissible under (ii) above.
(d) The joining
time and travelling allowance of Military Officers in civil employ are governed
by the civil rules. For the purposes of these rules, privilege leave under the military
rules should be treated as leave on average pay of not more than 4 months
duration,
(e) The time
reasonably required for journeys between the place of training and the station
to which the Government servant is posted immediately before or after the
training should be treated as part of training. This ruling does not apply to
probationers holding training posts and they are entitled to joining time when
transferred.
(f) In cases where
a Government servant is entitled to joining time on the expiry of leave, if he
joins his new appointment before the expiry of such leave plus joining time
admissible, the period short taken should be considered as leave not enjoyed
and a corresponding portion of the leave cancelled without any reference to the
authority which sanctioned the leave. If, however, the Government servant
concerned does not desire to avail himself of the full joining time admissible
to him, the period of leave and joining time may be adjusted in accordance with
his option.
(g) If vacation is
combined to leave, it should be treated as leave for calculating leave on
average pay not exceeding 4 months and leave out of Pakistan for more than 4 months for
purposes of FR 105(b) (i) and (c) respectively.
(h) The joining time
admissible on return from leave out of Pakistan
for more than 4 months is reckoned from the date of disembarkation at a Pakistan
port. It is also admissible to a Government servant even if he does not make
any journey from the port of disembarkation so as to enable him to organize his
establishment.
(i) When a
Government servant is allowed joining time on return from leave and is posted
to a place in remote locality, he should arrive at specified station within the
period of his leave and the joining time admissible under FR 105(b) or (c) and
from the specified station onward his joining time will be regulated under F.
R. 105(d).
7.200 In terms of FR 106 a Local Government is
competent to make rules regulating the joining time admissible under F. R. 105
and specify the places and stations to which clause (d) would be applicable. The
Federal Government in their capacity as Local Government have framed rules which
are contained in S. Rs 293 to 306-A.
7.201 A Government servant on joining time is
treated as on duly and the joining time pay is regulated as under.
(a) If transferred
to join a new post, while on duty in his old post, he is entitled to the pay
which he would have drawn, had he continued in his old post or the pay which he
will draw on taking charge of his new post, whichever is less.
(b) Where
joining time is allowed on return from leave, a Government servant will draw
the leave salary during the joining time at the rate prescribed for the payment
of leave salary in Pakistan.
No joining time pay is admissible on return from extraordinary leave, except the
extraordinary leave, not exceeding 14 days in continuation of other leave.
(c)
For
the joining time admissible from a specified station to and from a place in
remote locality he would be entitled to the pay as though he was on duty in his
post in the remote locality. This holds good even in the case of a Government
servant, who is on straight transfer.
7.202 No extra-pay should be drawn in any
case by a relieving Government servant until the transfer of charge is
completed in such cases where the charge consists of several-scattered works,
which the relieving and the received officers are required to inspect together
on the orders of the superior officers. In a case of like nature the relieving
officer would be treated as on duty, provided the time taken by him for taking
over charge is deemed as reasonable by his superiors and will draw the
presumptive pay of his permanent post. If he was officiating in a post he will
draw that pay provided it was not more than the pay he would draw in his new
post, otherwise he is entitled to draw the presumptive pay of his substantive
permanent post. If he returns from leave, he would draw pay of the permanent
post. During the period the transfer of charge is completed both the relieved
and relieving Government servant would be entitled to the concession of free
quarters or house rent allowance in lieu thereof.
7.203 During the courses of joining time under
clauses (b) and (c) of F. R. 105 a military commissioned officer subject to the
civil leave rules would be entitled to the leave salary subject to the minimum
prescribed by the Military authorities under F. R. 90.
7.204 The overstayal of joining time is wilful
absence from duty and may be treated as misbehaviour for purposes of F. R. 15.
No pay or leave salary is admissible after the expiry of the joining time as
admissible under the rules.
7.205 If in the interest of public service, a
person who was employed under an agency or institution other than the Government
or was on leave from there, s appointed to a post under the Government he may
be granted joining time, at the discretion of the Local Government, for the
period of preparation and making journey to join the post. Similarly he may be
allowed joining time for preparation and journey to join his original post after
termination of his employment with the Government. During the joining time he
will draw the pay or leave salary as the case may be, he was drawing in his
post with the private employer or the pay of the post under the Government,
whichever is less.
FOREIGN SERVICE
(F. RS 109 TO 127):
7.206 Under Section 10 of the Civil Servants
Act, 1973, every Civil Servant, not recruited specifically to serve in a particular
area or region, is liable to serve anywhere within or outside Pakistan, in any post under the
Federal Government or any Provincial Government or local authority, or a
corporation or body, set up or established by any such Government. If a
Government servant is deputed to serve under a Local Fund, quasi-public body,
semi-Government organization, a statutory or a private body and receives his pay
from a source other than the general revenues, he is treated as on 'foreign
service'. Deputation on
foreign service in Pakistan is within the competence of a Local Government but transfer to foreign service out of Pakistan requires the sanction of the President.The terms of foreign service will be regulated vide Establishment Division O. M. No. 18/48/81-R. 3(CV) dated 24th April, 1982 and Finance Division O. M. No 5(5)-R7/79, dated 29th January, 1984.
foreign service in Pakistan is within the competence of a Local Government but transfer to foreign service out of Pakistan requires the sanction of the President.The terms of foreign service will be regulated vide Establishment Division O. M. No. 18/48/81-R. 3(CV) dated 24th April, 1982 and Finance Division O. M. No 5(5)-R7/79, dated 29th January, 1984.
7.207 With the attainment of the provincial
autonomy, however, it was held that transfer to Foreign Service out of Pakistan
was also within the competence of a Provincial Government. This view was upheld
and it was decided that the Provincial Government could sanction transfer on Foreign
Service out of Pakistan,
but it was suggested to them that they should consult the Federal Government
before hand and take into consideration their views also.
7.208(i) The Government servants holding
permanent or temporary posts and drawing pay from the general revenues may be
sent on Foreign Service.The requests from the foreign employer in this behalf
should be processed very carefully with a view to determine that duties to be performed
after the transfer are such as would, for public reasons, be rendered by that
particular Government servant. The proposals received from the private employers
should be scrutinized more rigorously. The loan of a Government officer to a
private undertaking should be regarded as a very exceptional case requiring
special justification.
*(ii) Government
servants are not allowed to seek employment with private bodies outside Pakistan
on their own. They should apply only against posts advertised in the country
through the Bureau of Emigration and Overseas Employment and the maximum period
for which they may remain abroad shall not exceed 5 years. If this condition is
not complied with, the Government servant concerned shall have to resign from
Government service).
*[Establishment Division O.M No 1/23/66 TIV dated 24th June, 1978.]
7.209 While on Foreign Service Government
servant remains in the cadre or cadres in which he was included in a
substantive or officiating capacity immediately before his transfer to the Foreign
Service. He may also be given promotion in a substantive or officiating
capacity to a higher post in another cadre. When the promotion of a Government
servant who is on foreign service is to be considered the duties performed by
him in his post under the foreign employer and the promotion given to his
juniors in the cadre should also be taken into account.
7.210 When the transfer of a Government
servant to Foreign Service in Pakistan
is sanctioned, the period for which he is so transferred, the post which he shall
hold in Foreign Service and the pay which he shall receive in such service must
be precisely specified in the order sanctioning the transfer. If it is intended
that he shall receive any remuneration or enjoy any concession of pecuniary
value in addition to his proper pay, the exact nature of such recommendation or
concession must be similarly specified. No Government servant will be permitted
to receive any remuneration or enjoy any concession which is not so specified
and
if the order is silent as to any particular remuneration or concession; it must be assumed that the intention is that it shall not be enjoyed.
if the order is silent as to any particular remuneration or concession; it must be assumed that the intention is that it shall not be enjoyed.
7.211 The salient features of Foreign Service
are as under:
(i) The Government
servant will be treated to be on Foreign Service with effect from the date he
makes over charge of his post under the Government. He shall revert from
Foreign Service on the date he takes over charge of his post under Government.
If he takes leave before joining his post under Government the date of
reversion from Foreign Service will be decided by the Government.
(ii) During the
period of foreign service, the person concerned will be entitled to pay,
joining time pay, leave salary, allowances and travelling facilities (including
passage for himself and his family to the place of employment under the
borrowing Government and
back on termination of the foreign service) in accordance with the regulations of or the terms and conditions offered by the borrowing Government/Organization.
back on termination of the foreign service) in accordance with the regulations of or the terms and conditions offered by the borrowing Government/Organization.
(iii) The foreign
employer (and where foreign employer is not agreeable to pay the pension
contribution) the Government servant concerned as the case may be, will during
the period of foreign service, pay to the Government of Pakistan pension
contribution. The contribution will be paid in foreign currency if the foreign
service is outside Pakistan
in accordance with the relevant rules and at the rates prescribed from time to
time by the government of Pakistan.
The remittance shall be made by the foreign employer or the Government servant
concerned through normal banking channels to the parent office of the
Government servant concerned in Pakistan
with a covering letter showing the relevant head of account. The parent office
will send copies of challans and schedules to the Accounts Officer concerned
for information and necessary action.On delayed payment of these contributions,
the provisions of S. R.307 shall apply. Till such time as the rates of pension
contributions are ascertained and intimated by the Audit Office concerned the foreign
employer or the Government servant concerned shall provisionally pay pension
contribution in foreign currency at a uniform rate of 33-1/3% of the mean of
minimum and maximum of the pay scale of the post held by him at the lime of his
proceeding on foreign service, plus other emoluments (reckonable for pension which
would have been admissible to him had he not been deputed on foreign service).
(iv) During the
period of Foreign Service the Government servant concerned will continue to subscribe
to the G. P. Fund, the remittance of which should invariably be supported with
a G. P.Fund schedule mentioning therein the G. P. Fund Account Number and the
name of the Accounts Officer maintaining the account. The remittance should be
made to the parent office of the Government servant concerned. The parent office
will send copies of challans and schedules to the Accounts Officer concerned
for information and necessary action. As regards the Benevolent Fund and Group Insurance
Premium contribution, this should be remitted directly by the Government
servant concerned through the normal banking channels to the Board of Trustees,
Federal employees Benevolent and Group Insurance Fund, Near Zero Point, Islamabad, with the prescribed
schedule, duly completed.
(v) The leave terms
of the person concerned during the period of his foreign service will be
regulated according to the rules of or the terms and conditions offered by
borrowing department, Government/Organization. Leave salary due in respect of
such leave
will be payable by the borrowing Government or Organization to the person concerned. No part of leave earned by him during the period of Foreign Service will be credited to his leave account with the Government nor will any liability in respect of leave salary on
account of such leave devolve on the Government. The Government will not recover any leave salary contribution from the borrowing Government or Organization. The leave earned by a Government servant, but not avaited/allowed during the period of Foreign Service
in Pakistan will be credited to his leave account on reversion to the Government department. For this purpose, the autonomous bodies/ corporations will maintain proper leave account of the Government servants on deputation with them. The encashment of leave on the basis of the rules/regulations of the autonomous/corporations, will not be admissible to such Government servant.
will be payable by the borrowing Government or Organization to the person concerned. No part of leave earned by him during the period of Foreign Service will be credited to his leave account with the Government nor will any liability in respect of leave salary on
account of such leave devolve on the Government. The Government will not recover any leave salary contribution from the borrowing Government or Organization. The leave earned by a Government servant, but not avaited/allowed during the period of Foreign Service
in Pakistan will be credited to his leave account on reversion to the Government department. For this purpose, the autonomous bodies/ corporations will maintain proper leave account of the Government servants on deputation with them. The encashment of leave on the basis of the rules/regulations of the autonomous/corporations, will not be admissible to such Government servant.
[Ministry of Finance O.M No F. 5(2) Reg (7)/87,
dated 28th
January, 1987.]
(vi) The person
concerned will not be entitled to receive any leave salary from Government in
respect of disability leave on account of any disability arising in or through Foreign
Service, even though this disability might manifest itself after the
termination of Foreign Service.
(vii) During the
period of Foreign Service, the person concerned will not be entitled to any
medical facility in respect of himself and family members at the expense of the
Government.
(viii) The person
concerned will be on deputation with the borrowing Government or Organization
for the "period orginally agreed upon.Any extension beyond the original period
of deputation will not be made without the approval of the Government of
Pakistan, and will be treated as an irregularity on the part of the person
concerned and may call for disciplinary action.
(ix)
If
the person concerned during the period of his deputation becomes entitled to
any additional benefit, or is appointed to any post involving alteration in his
emoluments, he will intimate particulars of such appointment to the Government
of Pakistan for information.Any modifications of the terms invloving additional
liabilities on
the Government will require their prior approval.
the Government will require their prior approval.
7.212 The Lending Department should invariably
work out the rate of pension contribution and incorporate the same in the terms
and conditions of the persons concerned deputed on Foreign Service within Pakistan or outside Pakistan. To illustrate, the rate
of the pension contribution will be as under in respect of an officer of
BPS-17, the minimum and maximum of the pay scale of which is Rs. 1600 and Rs.
3040 respectively:
(i)
Mean Rs. 2065 + 3925
2
=
Rs. 2995.
(ii) Rate of pension contribution @ 33-1/3% will be
2995 x 100
100 * 3
= 998.33 or Rs 998 per month.
7.213 Under the instructions contained in the
Finance Division O. M. No. F. 5(5) R. 7/79-1407, dated 15-12-1981, no leave salary
contribution is recoverable from the foreign employers but leave/leave salary
is to be sanctioned/paid during the period of foreign service by the foreign
employers, that period being not countable for earning leave with the Government
of Pakistan. In view of this position, pension contribution will be payable by the
foreign employer during the entire period of foreign service including the
period of leave availed of by the person concerned with the foreign employer.
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