·
This
act ,Punjab civil servant act 1974 wholly commenced in province of Punjab from
the date of 4th June 1974 and applicable to all those civil servants
who provide their civil services and hold civil post in the province of Punjab
but not applicable to those one who worked on contract base and receive payment
of their work and act on deputation in Punjab province as the civil servant of
the federation ,other province or the any other authority and who are the
worker under the factories act ,1934 and the workmen compensation act ,1923.
·
The
main objective of this act is that its deals with the matter of the appointment
of the civil servants and the terms and condition of their services and also
deals with the other matters that are connected with these earlier mentioned
matters.
· Under this act the terms and conditions of the services of the civil servant include the matter of conduct and disciplinary actions of civil servant during his service ,pay for the post of his service and leave matter of the civil servant etc. , and the terms and conditions of these matters are determined according to this act and the rules which are made under the objective scope of this act and made by the governor or the any other person to whom the governor delegate his authority but these rules must not be inconsistent with the provisions of this act
·
After
appointment of the civil servant before to the conformation of the post for
which they are appointed these civil
servants compatibility check for these post by the way of probation ,during
probation these civil servants are demand to clear the prescribed ‘’,test
,training ,examination and qualification’’ for this post and during the
probation there are two consequences for the civil servants like if
they failed during probation so they are discharged from their post if it’s
appointment is initial ,transfer base
and promotional base and he has no hold right of lien to revert back of
his previous post and if
he successfully complete the tenure of
probation then he consider to be eligible to confirmed for that post for which
he under probation but not develop his vested right for appointment and before
confirmation there are also two consequences like if the civil servant eligible
for confirmation but he retired before confirmation so now he entitle for the
benefits which he accrue from the post which he hold before confirmation and[2]
the other his confirmation on this post which count down from the date on which
the permanent vacancy arise on the post for which he is confirmed and the other
is when he hold his office .
·
In
contrast of this appointment criteria when the promotional base appointment is
made under this act that may be simple promotion, which may be made on the
selection post and non-selection post and
Performa promotion in both form of promotion no civil servant has the
vested right for appointment even though he satisfy criteria of promotion along
with of it, back date performance is only see in Performa promotion not in
simple one.
·
And
in contrast of the promotional base appointment in transfer base appointment a
civil servant of the province can be transfer to any post within and outside of
the province and that post may be fall under any authority but that transfer
not any adverse effect on the remuration of the civil servant which he get
before the transfer that still remain the same that may be higher but not lower
after transfer of his own post to other one.
· In contrast of the appointment strategy for the civil servant under this act there are also different forms of the removal from his service include termination,reversion,removal ,retirement like if civil servant are under probation in case of initial appointment ,transfer and promotion base appointment and not hold right of lien to revert back of his post and on ad hoc appointment then he can be terminated by simple notice without inform of that termination similarly ,if the civil servant are promoted from his lower post to higher post on temporary and officiating basis then he can be revert back from his previous post and can also be removed for public interest by notice but if he complete either his 20 years of service or either attain the 60 years of age then the process carried to remove from post is retirement
· After retirement from his post or service the civil servant has two paths re-employment security funds .normally a retired civil servant not entitle for re-employment in government sector, not barred in private sector employment but that act define that retired civil servant can be re-employed if that is necessary for public interest but before that employment the approval of senior authority of the appointing authority require and if not choose the path of the re-employment then he entitle of the security funds after retirement includes pension, gratuity ,provident fund , and belovent fund .
· In addition to set limits on civil servant about appointment ,conduct ,disciplinary actions and other terms and conditions of the services this act also provide some safety zone to the civil servant like he has the right to appeal and review against the order which is passed against him about the terms and conditions of this services and that appeal and review can be made within the 60 days of such order except order of governor and when appeal is made then the governor can sort out this matter with just and equitable ground if that act and rule made under this act not sufficient for just decision
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