Civil Servant:
Definition of Civil Servant:
Who may be a member of civil services of the
province or;
Who holds a civil post in reference to the affairs of
the province.
Who can approach the service tribunal?
Only those employees could approach Service
Tribunals, who fall within the definition of ‘civil servant’, holding posts in reference to the affairs of the Federation.
For the remaining categories of employees, including
contractual ones, if they were aggrieved of any adverse action, Service
Tribunals weren't the acceptable forum for redress of their grievance.
Service Tribunal was the forum constituted under
Art.212 of the constitution for a redress of these employees, whose terms and conditions were settled under
Art.212 (1) (a) of the constitution.
Any action taken against persons not falling
within the definition of official, wouldn't be questionable before Service Tribunal because it wasn't meant to supply a forum to employees, whose services were governed by
non-statutory rules or who didn't fall within the definition of person in government
service as defined in S.2 (d) of Removal from service (special powers) The ordinance, 2000.
Employees of non-statutory corporations, who
approached the Service Tribunal for a redress of their grievance weren't enjoying the protection of statutory rules,
therefore, Service Tribunal had no jurisdiction to adjudicate upon such matters and they would be governed by the principle of Master and
servant.
Resolve the controversy:
In order to resolve the controversy regarding the status
and forum for the workers, employed in various institutions/organizations/ Autonomous
bodies, etc., whose services are governed by the statutory rules but they're not covered under the definition of the official.
Only those persons can approach the Service
Tribunal, which falls within the definition of government officials.
As far as persons whose services are governed by
the statutory rules and that they are working within the affairs of federation and provinces, they will avail remedy before the Supreme Court by invoking its constitutional jurisdiction, whereas those
persons, who aren't government servants, their cases shall be governed
by the principle of Masters and repair.
Conclusion of the above discussion:
The Service Tribunal has rightly declined to grant
relief to the petitioners.
However, they'll avail appropriate remedy before the right forums, subject to all or any just exceptions.
Appointment of Civil Servant:
Appointments of civil services of the Province or
to a civil post in reference to the affairs of the province shall be made within the prescribed manner by Governor or by an individual authorized by him therein behalf.
Probation:
An official shall be eligible to be considered for appointment by promotion
to a port reserved for promotion within the service or cadre to which he belongs during a manner as could also be prescribed
Promotion including proforma promotion shall not
be claimed by any official as of right.
Promotion shall be granted with immediate effect
and be actualized from the date of assumption of charge of the upper post, and shall in no case be granted from the
date of availability of post recovered for promotion.
An official shall not be entitled to promotion from an earlier date
except within the case of proforma promotion.
A retired official shall not be eligible for a grant of promotion or proforma
promotion.
If an official dies or superannuates after the choice authority recommends his promotion to a better post and before he assumes the charge of the upper post, the competent authority may approve the promotion of such an official with effect from the day immediately before the day of his
death or superannuation.
Posting and transfers:
Every official shall be susceptible to serve anywhere within or outside the province in any post
under the govt of the Punjab or the federal or any Provincial or an area authority or an organization or a body found out or established by any such Government.
Where an official is required to serve during a post outside his service or cadre, his terms and conditions
of service on his pay shall not be less favorable than those to
which he would are entitled if he had not been so required to serve.
Termination of service:
The service of an official could also be terminated all of sudden during the initial or extended period of his probation.
Where such official is appointed by promotion on probation or, because the case could also be, is transferred and promoted on
probation from one service, cadre, or post to a different service, cadre or post his service shall not be terminated goodbye as he holds a lien against his service, cadre, and he shall
be reverted to his former service, or because the case could also be, cadre or post.
Reversion to a lower post:
An official appointed to a better post or before the commencement of the Punjab Civil Servants
Ordinance, 1984, to a better grade on the unplanned or officiating basis, shall be susceptible to reversion to his lower post all of sudden.
Retirement from service:
A civil servant shall retire from service on such
date after he has completed twenty years of service qualifying for pension or
other retirement benefits because the competent authority may, publicly interest director
Where no direction is given on the completion of
the sixtieth year of his age.
Re-employ:
A retired official shall not be re-employed under the govt unless such re-employment is important within the public interest and is made;
Where the appointing authority is Governor, with
the prior approval of the authority next above the appointing authority.
Where employment, is sought by an official while inactive preparatory to retirement, he shall obtain the approval of
the prescribed authority.
Conduct:
The conduct of an official shall be regulated by rules made by Government or a
prescribed authority, whether generally or in respect of a specified group or
class of civil servants.
Efficiency and discipline:
An official shall be susceptible to such disciplinary action and penalties and in accordance with
such procedure as could also be prescribed.
Pay:
An official appointed to a post shall be entitled, in accordance with the principles, to the pay sanctioned for such
post.
When the appointment is formed on a current charge or acting charge basis within the manner prescribed or by way of additional charge,
his pay shall be fixed in the prescribed manner.
Where an official has been dismissed or far away from service or reduced in rank, he shall, within the event of the order of dismissal, removal from
service, or reduction in rank being put aside, be entitled to such arrears of pay because the authority setting aside the order may determine.
Leave:
An official shall be allowed leave in accordance with the leave rules
applicable to him.
The grant of leave depends upon the exigencies of service and shall be at the discretion of
the competent authority.
