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BALOCHISTAN CIVIL SERVANTS (SENIORITY) RULES, 2008 BALOCHISTAN CIVIL SERVANTS (SENIORITY) RULES, 2008 (Amendments) [Gazette of Balochistan, Extraordinary, 16th January, 2013] No.S.O(R-I)1(17)/2013-S&GAD/279-378, dated 16-1-2013.---In exercise of the powers conferred by Section 25 of the Balochistan Civil Servants Act, 1974 (Act No. IX of 1974), the Government of Balochistan is pleased to make the following amendments to the Balochistan Civil Servants (Seniority) Rules, 2018, namely: In the aforesaid rules,-- (a) in rule 2, for sub-rule (1) the following shall be substituted;-- "(1) In these rules, unless there is anything repugnant to the subject or context,-- (a) "Appointing Authority" in relation to a post, means the Authority Competent under rule 4 of the Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 2009 to make appointment to that post; (b) "Chief Secretary" means an officer as defined in the Balochistan Government Rules of Business; (c) "Commission" means Balochistan Public Service Commission; (d) "Departmental Promotion Committee" means a Committee constituted under rule 5 of the Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 2009 for making selection for promotion to such posts under a Department or office of Government in Basic Pay Scales 16 and below or equivalent; (e) "Departmental Selection Committee" means a Committee constituted under rule 5 of the Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 2009 for the purpose of making selection for initial appointment to post under a Department or office of Government in basic Pay Scales 15 and below or equivalent; (f) "Final Seniority List" means the Seniority List issued under rule 2-A, sub-rule 4; (g) "Head of Department" means an Administrative Secretary to Government of Balochistan; (h) "Heads of Attached Departments" an officer as defined in the Balochistan Government Rules of Business; (i) "Government" means the Government of Balochistan; (j) "Provincial Selection Board" means a Board constituted by Government under rule 6-A of the Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 2009 for the purpose of selection, promotion or transfer; (k) "Provisional Seniority List" means a Seniority List issued under rule 2-A, sub-rule (3); (l) "Schedule" means Schedule attached to these rules; (m) "Selection Authority" means the Balochistan Public Service Commission or the Departmental Selection/Recruitment Committee as the case may be; and (n) "Seniority" means the seniority assigned to a civil servant in a seniority list caused by the appointing authority to be prepared in accordance to the provisions of section 8 of the Balochistan Civil Servants Act, 1974 and these rules. (b) after rule 2, the following new rule shall be inserted, namely:-- "2-A. Issuance of Seniority List: (1) As provided in section 8 of the Balochistan Civil Servants Act, 1974, the appointing authority shall every year in the month of January cause a seniority list of the members for the time being of such service, cadre or post to be prepared, or revised the seniority list prepared in the previous year, as the case may be, in the manner as provided hereunder. (2) The appointing authority or where the appointing authority is the Provincial Government or the Chief Secretary, the Head of Department concerned and in case of Civil Servants (BPS- 1 to BPS 15) of Attached Departments, the Heads of Attached Departments, shall in the first instance prepare a Provisional Seniority List in the month of October every year in the Forms mentioned in Schedule appended to these rules, and satisfied itself that-- (a) all due care has been taken in the preparation of the list; (b) no member has been left from mentioning in the list; (c) all the particulars mentioned in the list about the members are entered correctly in accordance to the record of the department; (d) the appointment of the member was made on regular basis, in accordance with the rules applicable to his recruitment and promotion; (e) due weight has been given to the relevant provision of law and rules in assigning the position of each member in the seniority; and (f) the list has been signed by the persons who have actually prepared it and countersigned by the person who checked it, at the bottom of each page with their designations. (3) The Appointing Authority or the Head of the Department/ Attached Department, as the case may be, after preparation of the Provisional Seniority List as provided hereinabove sub-rule (2) shall with his signatures and designation, issued the same in the forms mentioned in Schedule-I and circulate it amongst all the members of that particular service, cadre or post and call for objections of the aggrieved members and afforded thirty (30) days for filing objections, (if any) from the date of issuance of the Provisional Seniority List (4) The Appointing Authority or the Head of the Department/ Attached Department, as the case may be, on receipt of an application containing the objections with proofs of the aggrieved members, having gone through the record in view of the objections raised shall pass his order for removing the error (if any) found in the Provisional Seniority List within shortest possible time but not later than thirty (30) days opportunity and thereafter issue a Final Seniority List or a Revised Final Seniority List in the forms mentioned in the Schedule-II by an Order as the case may be or by a Notification in the official Gazette and ensure its proper acknowledgement by the stakeholders: Provided that the Appointing Authority or the Head of the Department/Attached Department, as the case may be, may provide an opportunity of hearing to the aggrieved member if so requested by him in his application for further clarification of his objections raised: Provided further that no application containing the objection shall be entertained after the expiry of the period of thirty (30) days. (5) The Seniority List once finalized and notified as provided hereinabove in sub-rule (4) cannot be re-opened by the same issuing authority. (c) in rule 3, in sub-rule (2), at the end for the full stop a colon shall be substituted and thereafter the following proviso shall be added:-- "Provided that where the selection authority is either not competent to assign such order of merit or has omitted to do so and is unable to overcome the omission for reasons beyond its control, the seniority of civil servants appointed on the same date, shall be determined on the basis of age i.e. the civil servant older in age shall rank senior to the civil servant younger in age." (d) in rule 4, in sub-rule (c), at the end for the full stop a colon shall be substituted and thereafter the following proviso shall be added:-- "Provided that the civil servant whose promotion has been deferred will be considered as soon as the reason on the basis of which deferment took place ceases to exist, shall on subsequent promotion, subject to any order made by the Competent Authority in this behalf for the purpose of inter se seniority in the higher post be deemed to have been promoted in the same batch as his juniors." (e) after rule 9, the following new rules shall be added:-- 10. Seniority during/after availing Extra Ordinary Leave (without pay).---The seniority of the civil servant during or after availing Extra Ordinary Leave (without pay) shall not be affected and shall retain their inter se seniority. However, the period of Extra Ordinary Leave (without pay) shall not be counted towards prescribed length of service for promotion. 11. Fixation of Seniority of a civil servant reverted to a lower post/grade/ time scale / service as a measure of imposition of penalty.---(1) Whenever a civil servant is reduced to a lower grade/post or to a lower time scale, the order imposing the penalty of reduction to a lower grade/post to a lower time scale may or may not specify the period of reduction. Whenever a such penalty of reduction to a rank/lower grade/ post or to a lower time scale is imposed upon a civil servant, thereafter his seniority shall be fixed at the top of the existing incumbents of the lower rank/grade/post or time scale. (2) An order imposing the penalty of reduction to a lower grade/post or to a lower time scale shall invariably specify the period. The penalty cannot be made operative for an indefinite period and the concerned Civil Servant is entitled to the benefit of seniority without privileges, so availed by his juniors. However, on expiry of the period of penalty the civil servant shall be re-promoted automatically to the post/grade/time scale from which he was reduced. His seniority in the original service, grade or post or time scale shall be fixed/restored in the higher service, grade or post or the higher time scale at which it would have been but for his reduction. If his juniors were promoted in between to the next higher post/ Basic Pay Scale, his seniority shall be fixed on the top of the existing incumbents of his substantive post/rank and he shall be entitled for promotion on first available vacancy and after promotion his seniority shall be fixed with his original batch, but shall not be entitled for proforma promotion from the date his juniors were promoted. FORM-A {See rule 2 (1)(i) and 2-A(3)] (For BPS-16 and above Civil Servants) GOVERNMENT OF BALOCHISAN _____________________________ (Name of Department) Dated, the________day of____2013 NOTIFICATION No. SO.______2013. In pursuance of sub-Section 1 of Section 8 of the Balochistan Civil Servants Act, 1974 read with Rule 2-A(3) of he Balochisan Civil Servants (Seniority) Rules, 2008, the Provisional Seniority List of ______________________ (designation of the post) (BPS- ) of the______________________________________as stood on _____________________ is hereby issued for (Name of Department/Attached Department) (date of issue) information of all the________________BPS____________ and objections (if any) are invited along with necessary (Name of posts) proofs/documents within a period of thirty(3) days from the date of issuance mentioned above, failing which it will be assumed that you have been assigned right position and all the data incorporated therein is correct. Any objection received after the said period shall not be entertained. Seniority Name of Civil Servant and Designation thereof Qualification Home District and Date of Birth Date of 1st appointment in Government service DATE OF REGULAR APPOINTMENT/PROMOTION BASIC PAY SCALE Source of appointment in the present grade Date of super-annuation Status of Departmental examinatory/ other mandatory courses Remarks (if any) BPS-16 BPS-17 BPS-18 BPS-19 BPS-20 By direct By Promotion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Prepared by: Checked by: Issuing Authority _________________ _________________ _________________ (Signature) (Signature) (Signature) Name:___________________ Name:___________________ Name:___________________ Designation:______________ Designation:______________ Designation:______________ Dated:___________________ Dated:___________________ Dated:___________________ No. EVEN DATED EVEN A copy is forwarded to:- 1. The Secretary S&GAD (in case of BPS-19 and above Officers) Endorsing Authority: 2. The Head of the Attached Department (concerned)_________ ______________ 3. The Officer concerned______________ (Signature) 4. Master File Name:___________________ Designation:______________ Dated:___________________ SCHEDULE-I FORM-B {See rule 2 (1)(1) and 2-A(3)] (For BPS-1 to BPS-15 Civil Servants) GOVERNMENT OF BALOCHISAN ____________________________________ (Name of Department/Attached Department) Dated, the________day of____2013 ORDER No. SO.______2013. In pursuance of sub-Section 1 of Section 8 of the Balochistan Civil Servants Act, 1974 read with Rule 2-A(3) of he Balochisan Civil Servants (Seniority) Rules, 2008, the Provisional Seniority List of ___________________________ (designation of the post) (BPS- ) of the______________________________________as stood on _________________________ is hereby issued for (Name of Department/Attached Department) (date of issue) information of all the________________BPS____________ and objections (if any) are invited along with necessary (Name of posts) proofs/documents within a period of thirty(3) days from the date of issuance mentioned above, failing which it will be assumed that you have been assigned right position and all the data incorporated therein is correct. Any objection received after the said period shall not be entertained. Seniority Name of Civil Servant and Designation thereof Qualification Home District and Date of Birth Date of 1st appointment in Government service DATE OF REGULAR APPOINTMENT/PROMOTION BASIC PAY SCALE Source of appointment in the present grade Date of super-annuation Status of Departmental examinatory/ other mandatory courses Remarks (if any) BPS-7 BPS-9 BPS-14 BPS-15 By direct By Promotion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Prepared by: Checked by: Issuing Authority _________________ _________________ _________________ (Signature) (Signature) (Signature) Name:___________________ Name:___________________ Name:___________________ Designation:______________ Designation:______________ Designation:______________ Dated:___________________ Dated:___________________ Dated:___________________ No. EVEN DATED EVEN A copy is forwarded to:- 1. The Secretary S&GAD (in case of BPS-19 and above Officers) Endorsing Authority: 2. The Head of the Attached Department (concerned)_________ ______________ 3. The Officer concerned______________ (Signature) 4. Master File Name:___________________ Designation:______________ Dated:___________________ SCHEDULE-II FORM-A {See rule 2 (1)(1) and 2-A(3)] (For BPS-16 and above Civil Servants) GOVERNMENT OF BALOCHISAN ____________________________________ (Name of Department/Attached Department) Dated, the________day of____2013 NOTIFICATION No. SO.______2013. In pursuance of sub-Section 1 of Section 8 of the Balochistan Civil Servants Act, 1974 read with Rule 2-A(4) of he Balochisan Civil Servants (Seniority) Rules, 2008, the Provisional Seniority List of ___________________________ (designation of the post) (BPS- ) of the______________________________________as stood on _________________________ is hereby issued for (Name of Department/Attached Department) (date of issue of Provisional Seniority list) information of all the________________BPS____________ (Name of posts) Seniority No. Name and Designation Qualification Home District and Date of Birth Date of 1st appointment in Government service DATE OF REGULAR APPOINTMENT/PROMOTION BASIC PAY SCALE Source of appointment in the present grade Date of super-annuation Status of Departmental examinatory/ other mandatory courses Remarks (if any) BPS-16 BPS-17 BPS-18 BPS-19 BPS-20 By direct By Promotion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Issuing Authority _________________ (Signature) Name:___________________ Designation:______________ Dated:___________________ No. EVEN DATED EVEN A copy is forwarded to:- 1. The Principal Secretary to the Chief Minister Balochistan Quetta (in case of BPS-20 and above Officers) 2. The Secretary S&GAD (in case of BPS-19 and above Officers) Endorsing Authority: 3. The Officer concerned______________ ________________ 4. Principal File (Signature) 5. Master File Name:___________________ Designation:______________ Dated:___________________ SCHEDULE-II FORM-B {See rule 2 (1)(1) and 2-A(4)] (For BPS-1 to BPS-15 Civil Servants) GOVERNMENT OF BALOCHISAN ____________________________________ (Name of Department/Attached Department) Dated, the________day of____2013 ORDER No. SO.______2013. In pursuance of sub-Section 1 of Section 8 of the Balochistan Civil Servants Act, 1974 read with Rule 2-A(4) of he Balochisan Civil Servants (Seniority) Rules, 2008, the Provisional Seniority List of ___________________________ (designation of the post) (BPS- ) of the______________________________________as stood on _________________________ is hereby issued for (Name of Department/Attached Department) (date of issue of Provisional Seniority list) information of all the________________BPS____________ (Name of posts) Seniority No. Name of Civil Servant and Designation thereof Qualification Home District and Date of Birth Date of 1st appointment in Government service DATE OF REGULAR APPOINTMENT/PROMOTION BASIC PAY SCALE Source of appointment in the present grade Date of super-annuation Status of Departmental examinatory/ other mandatory courses Remarks (if any) BPS-7 BPS-9 BPS-14 BPS-15 By direct By Promotion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Issuing Authority _________________ (Signature) Name:___________________ Designation:______________ Dated:___________________ No. EVEN DATED EVEN A copy is forwarded to:- 1. The Administrative Secretary (concerned) (in case of BPS-14 and above Official) 2. The Officer concerned______________ Endorsing Authority: 3. Principal File ________________ 4. Master File (Signature) Name:___________________ Designation:______________ Dated:___________________