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ESTABLISHMENT OF BALOCHISTAN DISTRICT ATTORNEYS AND ASSISTANT DISTRICT ATTORNEYS (B-16 & ABOVE) SERVICE RULES, 1990 ESTABLISHMENT OF BALOCHISTAN DISTRICT ATTORNEYS AND ASSISTANT DISTRICT ATTORNEYS (B-16 & ABOVE) SERVICE RULES, 1990 [Gazette of Balochistan, Extraordinary, 30th June, 1990] No.SOR-II(2)/99/S&GAD/1160-1253, dated 30-6-1990.--In exercise of the powers conferred by section 25 of the Balochsitan Civil Servants Act, 1974 (IX of 1974), the Government of Balochistan is pleased to make the following Rules regulating recruitment to the Establishment of Balochistan District Attorneys and Assistant District Attorneys (B-16 & above) Service and prescribing conditions of service for the persons appointed thereto, namely:-- PART I -- GENERAL 1. Short title and commencement.--(l) These rules may be called the Establishment of Balochistan District Attorneys and Assistant District Attorneys (B-16 & above) Service Rules, 1990. (2) They shall come into force at once. 2. Definitions.-In these rules, unless the context otherwise requires the following expression shall have the meanings hereby respectively assigned to them that is to say:-- (a) "Appendix" means the Appendix to these rules; (b) "Appointing Authority" means the appointing authority specified in rule 4; (c) "Board" means a Board of Secondary Education established by law in Pakistan or any other educational authority or institution declared by Government in consultation with the Commission to be a Board for the purpose of these rules; (d) "Commission" means the Balochistan Public Service Commission; (e) "Government" means the Government of Balochistan; (f) "Initial recruitment" means appointment made otherwise than by promotion or transfer from another Service/Department/Post; (g) "Recognised University" means any University incorporated by law in Pakistan or any other University declared by Government in consultation with the Commission to be a recognised University for the purpose of these rules; (h) "Scheduled Castes" means the castes, races or tribes and parts or grounds within castes, under any law in force in Pakistan or as declared by Government for the purposes of these rules; (i) "Services" means the Establishment of Balochistan District Attorneys and Assistant District Attorneys (B-16 & above) services. PART II -- RECRUITMENT 3. Eligibility and composition of service.--(1) No person who is married to a foreign national shall be eligible for appointment to the service. (2) The restriction imposed by sub-rule (1) above may be relaxed by Government in the case of a person who is married to a citizen of India. (3) The service shall comprise of the posts specified in column 2 of the Appendix and such other posts as may be determined by Government from time to time. 4. Appointing Authority: -Appointment to the service shall be made as specified in rule 4 of the; Balochsitan Civil Servants (Appointment, Promotion and Transfer) Rules, 1979. 5. Method of recruitment.--Appointment to the service shall be made as specified in the appendix. 6. Age.--(1) No person, who is less than twenty-one years or more than twenty-eight years of age shall be appointed to the service by initial recruitment; provided that: (i) in the case of a person whose service under the Government has been terminated for want of a vacancy the period of service already rendered by him shall, for the purpose be excluded from his age; (ii) for upper age limit for appointment in the service by initial recruitment in case of candidates from Scheduled Castes or under-developed areas, shall be relaxed as per Government instructions in force. (2) For the purpose of this rule, age shall be reckoned:-- (i) where recruitment is to be made on the basis of a written examination, as on the 1st of January, of the year in which the examination is proposed to be held; and (ii) in other cases, as on the last date fixed .for submission of applications for appointment. 7. Qualifications: -(1) No person shall be appointed to a post in the service by initial recruitment unless he possesses the qualifications prescribed for the post in column 3 of the Appendix. (2) No person, not already in Government service shall be appointed to the service unless he produces a certificate of character from the Principal, Academic officer of the academic institution last attended and also certificates of character from two other responsible persons, not being his relatives, who are well-acquainted with his character and antecedents. (3) No person shall be appointed by initial recruitment to the service unless he is declared to be physically fit by a Government Medical Officer not below the rank of a District Health Officer. PART III -- CONDITIONS OF SERVICE 8. Probation.--(I) A person appointed to the service against a substantive vacancy, shall remain on probation for a period of two years if appointed by initial recruitment, and for a period of one year if appointed otherwise. Explanation. Officiating service and service spent on deputation to a corresponding or a higher post may be allowed to count towards the period of probation. (2) If the work or conduct of a member of the service during the period of probation has in the opinion of appointing authority not been satisfactory the appointing authority may, notwithstanding that the period of probation has not expired, dispense with his services if he has been appointed by initial recruitment and if he has been appointed otherwise, revert him to his former post, or if there be no such post, dispense with his services. (3) On completion of the period of probation of a member of the service the appointing authority may, subject to the provisions of the sub-rule (4), confirm him in hit appointment, or if his work or conduct has, in the opinion of such authority, not been satisfactory-- (a) in case he has been appointed by initial recruitment, dispense with his services; or (b) in case he has been appointed otherwise, revert him to his former post, and if there be no such post, dispense with his services; or (e) extend the period of probation by a period not exceeding two years in all and during or on the expiry of such period pass such orders as it could have passed during or on the expiry of the initial probationary period. Explanation-I--If no orders have been made by the day following the completion of the initial probationary period, the period of probation shall be deemed to have been extended. Explanation-II--If no orders have been made by the day on which the maximum period of probation expires, the probationer shall be deemed to have been confirmed in his appointment from the date on which he was appointed to the post subject to provision of subsection (S) of section 7 of Balochistan Civil Servants Act, 1974. (4) No person shall be confirmed in the service unless he successfully completes such training and passes such departmental examination as may be prescribed by Government from time to time. (5) If a member of the service whether appointed by initial recruitment or otherwise fails to complete successfully any training and pass any departmental examination under sub-rule (4) within such period or in such number of attempts as may be prescribed by Government the appointing authority may-- (a) in case he has been appointed by initial recruitment, dispense with his services; or (b) in case he has been appointed otherwise, revert him to his former post, and if there be no such post, dispense with his services. 9. Seniority.--(1) The inter se seniority of the members of the service in the various grades thereof shall be determined-- (a) in the case of members appointed by initial recruitment, in accordance with the order of merit assigned by the Commission, if the appointment is made on the recommendation of the Selection Committee and in other cases in accordance with the order of merit assigned by the appointing authority, provided that members selected for the service in an earlier selection shall rank senior to the members selected in a later selection; and (b) in the case of members appointed otherwise, with reference to the dates of their continuous appointment therein provided that if the date of continuous appointment in the case of two or more members of the service is the same the older official, if not junior to the younger official or officials in the next below grade shall rank senior to the younger official or officials. Explanation-I--If a junior official in a lower grade is promoted to a higher grade temporarily in the public interest, even though continuing later permanently in the higher grade, it would not adversely affect the interest of his senior in the fixation of his seniority in the higher grade. Explanation-II.--If a junior official in a lower grade is promoted to a higher grade by superseding a senior official and subsequently that official is also promoted to the same grade the official promoted first shall rank senior to the official promoted subsequently. Explanation-III.--A junior official appointed to a higher grade shall be deemed to have superseded a senior official only if both the junior and senior officials were considered for the higher grade and the junior official was appointed in preference to the senior official. (2) The seniority in the various grades of the service of the members thereof appointed by initial recruitment vis-a-vis those appointed otherwise shall be determined-- (a) in case both the official appointed by initial recruitment and the official appointed otherwise have been appointed against substantive vacancies, or both have been appointed against temporary vacancies, with reference to the date of appointment to such vacancy in the case of the official appointed by initial recruitment and to the date of continuous appointment against such vacancy in the case of the official appointed otherwise; provided that if the two dates are the same the official appointed otherwise shall rank senior to the official appointed by initial recruitment; (b) in case the official appointed by initial recruitment has been appointed against a substantive vacancy and the official appointed otherwise has been appointed against a temporary vacancy, the official appointed by initial recruitment shall rank senior to the official appointed otherwise; and (c) in case the official appointed otherwise is appointed against a substantive vacancy and the official appointed by initial recruitment is appointed against a temporary vacancy, the official appointed otherwise shall rank, senior to the official appointed by initial recruitment. 10, Liability to transfer and serve.-Members of the service shall be liable to- (a) transfer anywhere in Balochistan; and (b) serve in any department of Government or any local authority or statutory body set up or established by Government: Provided that where a member of the service is required to serve in a post outside his service or cadre, his terms and conditions of service as to his pay shall not be less favourable than those to which he would have been entitled if he has not been so required to serve. 11. General Rules.-In all matters not expressly provided for in these rules members of the service shall be governed by such rules as have been or may hereafter be prescribed by Government and made applicable to them. 12. Relaxation.--Any of these rules may, for reasons to be recorded in writing be relaxed in individual cases if Government is satisfied that a strict application of these rules would cause undue hardship to. the individual concerned: Provided that wherever such relaxation involves a question on which consultation with the Commission is mandatory the Commission shall be consulted before the relaxation is made. 13. Delegation.--Government may delegate all or any of its powers under these rules to any officer subordinate to it.