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 The leave and T. A. Rules contained in the Fundamental Rules have since been replaced by new set of rules.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.

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) 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.

(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.

(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:

(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.

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.

(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 11^th March, 1981 and F.1 (7) R-12/81, dated 14^th 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
Sr.No. a)	Prescribed Qualifications Non-Matric	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,

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.

(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.

(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.

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'.

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.

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.

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.

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).

(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 2^nd Div.	FA/FSc atleast 2^nd Div.	BA/BSc atleast 2^nd Div.	MA/MSc atleast 2^nd 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.26^th 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 1^st 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:

(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.

(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.

[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: ---

(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.

[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.

(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. 1^st 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 1^st 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 1^st 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 24^th 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 29^th 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 1^st 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. 1^st 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 1^st 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.

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.

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.

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

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.

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.

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. 1^st February 1987.

[Ministry of Finance O.M. No F 2(9) R-3/85 dated 15^th 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.

(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. 1^st 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.

(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 18^th 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.

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.

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 1^st 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.

[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.

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.

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.

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.

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.

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 1^st 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.

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.

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 24^th 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.

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.

(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.

[Ministry of Finance O.M No F. 5(2) Reg (7)/87, dated 28^th 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.

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

= 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.

PUBLIC SERVICE UPDATES

Pages

Tuesday, February 21, 2012

FUNDAMENTAL RULES

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