Estacode-2011 KPK

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PART-VIS E N I O R I T Y

17. Seniority :-( 1) the seniority inter se of civil servants 55(appointed to a service, cadreor post) shall be determined:-(a) in the case of persons appointed by initial recruitment, in accordance with theorder of merit assigned by the Commission 56[or as the case may be, theDepartmental Selection Committee;] provided that persons selected forappointment to post in an earlier selection shall rank senior to the personsselected in a later selection; and(b) in the case of civil servants appointed otherwise, with reference to the date oftheir continuous regular appointment in the post; provided that civil servantsselected for promotion to a higher post in one batch shall, on their promotionto the higher post, retain their inter se seniority as in the lower post.Explanation-I:- If a junior person in a lower post is promoted to a higher posttemporarily in the public interest, even though continuing later permanently in the higher54 Rule-15 substituted vide Notification No. SOR-VI/E&AD/1-3/2009/Vol-VIII dated 16-2-2010.55 Substituted for the words appointment to a post in the same basic pay scale in a cadre by NotificationNo. SOR-I(S&GAD)4-1/80, dated 17-05-1989.56 The words inserted by Notification No. SOR-I(S&GAD)4-1/80/II, dated 04-02-1996.

higher post.Explanation-II:- If a junior person in a lower post is promoted to a higher post bysuperseding a senior person and subsequently that senior person is also promoted the personpromoted first shall rank senior to the person promoted subsequently; provided that juniorperson shall not be deemed to have superseded a senior person if the case of the senior personis deferred for the time being for want of certain information or for incomplete record or forany other reason not attributing to his fault or demerit.Explanation-III:- A junior person shall be deemed to have superseded a seniorperson only if both the junior and the senior persons were considered for the higher post andthe junior person was appointed in preference to the senior person.(2) Seniority in various cadres of civil servants appointed by initial recruitment

vis-à-vis those appointed otherwise shall be determined with reference to the dates of theirregular appointment to a post in that cadre; provided that if two dates are the same, the personappointed otherwise shall rank senior to the person appointed by initial recruitment.57(3) In the event of merger/restructuring of the Departments, AttachedDepartments or Subordinate Offices, the inter se seniority of civil servants affected by themerger/restructuring as aforesaid shall be determined in accordance with the date of theirregular appointment to a cadre or post.58(4) The inter-se-seniority of civil servants in a certain cadre to which promotionis made from different lower posts, carrying the same pay scale shall be determined from thedate of regular appointment/promotion of the civil servants in the lower post.Provided that if the date of regular appointment of two or more civil servants inthe lower post is the same, the civil servant older in age, shall be treated senior.

57 Sub-rule (3) of Rule 17 added vide Notification No. SOR-I(E&AD)4-1/80/IV, dated 28-5-2002.58 Sub-rule (4) of Rule 17 added vide Notification No.SOR-VI (E&AD) 1-3/2008 dated 19th

November, 2009.

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Determination of the ‘Appellate Authority’in terms of the Civil Servants(Appeal) Rules,1977.It has been observed that Ministries/Divisions/Departments do not generally followthe prescribed procedure regarding submission of appeals/ petitions to the EstablishmentDivision, for obtaining orders of the Prime Minister or the President, as the case may be interms of Civil Servants (Appeal) Rules, 1977 read with Rule 15-A of Rules of Business,1975.In number of cases the appeals/petitions processed by the respective Ministries/Divisions etc.have been found to have not been addressed to the proper appellate authority. In such a case,to avoid delay, the receiving authority, should withhold the appeal and simultaneously inform

the appellant to re-submit the same duly addressed to the proper appellate Authority to beindicated as required under Rule 7 of the said rules. The case relating to an appeal shouldinvariably be submitted to the Establishment Division in the form of a Summary titled as"Summary for the Prime Minister" seeking orders of the President where the President is anAppellate Authority alongwith the appeal (in original) with parawise comments to be given injuxta-position in the form of a statement as indicated overleaf.2. In this connection, it may be pointed out that an appeal from a civil servant in BPS-17and above against imposition of any minor penalty, as prescribed in Rule 4(i)(b) ofGovernment Servants(E&D) Rules,1973, by an authorised Officer or a major penalty by theauthority i.e. the Prime Minister under Rule 4(1)(a) shall lie to the President, in his capacityas the appellate authority, and shall be processed in accordance with Rule 15-A of the Rulesof Business, 1973.3. All Ministries/Divisions/Provincial Governments are requested to bring the saidposition to the notice of all concerned for their information and guidance.(Authority:Establishment Division O.M No.5/4/94-Rev/D.3, dated 17.3.1997circulated by NWFP Government letter No.SORII(S&GAD)5(27)79, dated 9.5.1997)