Pre. Published vide Notification No. G.S.R.33/Const./Art.309/94, dated 4.5.1994

Government of Punjab

Department of Personnel

(Personnel Policies I-Branch)

No. G.S.R.33/Const./Art.309/94. - In exercise of the powers conferred by the proviso to article 309 of the Constitution of India, and all other powers enabling in this behalf, the Governor of Punjab is pleased to make the following rules regulating the recruitment and general and common conditions of service of persons appointed to Group 'A', Group 'B' and Group 'C' services in connection with the affairs of the State of Punjab, namely: -

R.1 Short title, commencement and application.

(1) These rules may be called the Punjab Civil Services (General and Common Conditions of Service) Rules, 1994.

(2) They shall come into force at once.

(3) They shall apply to all the posts in Group 'A', Group 'B' and Group 'C' services in connection with the affairs of the State of Punjab.

R.2 Definition.

In these rules, unless the context otherwise requires -

(a) "appointing authority" means an appointing authority specified as such in the Service Rules made under article 309 of the Constitution of India in respect of any service or Post in connection with the affairs of the State of Punjab.

(b) "Board" means the Subordinate Service Selection Board, Punjab or any other authority constituted to perform its functions;

(c) "Commissioner" means the Punjab Public Service Commission;

(d) "direct appointment" means an appointment made otherwise than by promotion or by transfer of a person already in the service of Government of India or of a State Government;

(e) "Government" means the Government of the State of Punjab in the Department of Personnel and Administrative Reforms;

(f) "recognised university or institution" means, -

(1) No person shall be appointed to the Service unless he is, -

(a) a Citizen of India; or

(b) a Citizen of Nepal; or

(c) a Subject of Bhutan; or

(d) a Tibetan refugee who came over to India before the Ist day of January, 1962 with the intention of permanently settling in India; or

(e) a person of India origin who has migrated from Pakistan, Burma, Sri Lanka and East African Countries of Kenya, Uganda and United Republic of Tanzania (formerly Tanganyika and Zanzibar), Zambia, Malawi, Zaire, Ethiopia and Vietnam with the intention of permanently settling in India;

Provided that a person belonging to any of the categories (b), (c), (d) and (e) shall be person in whose favour a certificate of eligibility has been given by the Government of Punjab in the Department of Home Affairs and Justice.

(2) A person in whose case

R.4 Disqualification.

No person : -

(a) who has entered into or contracted a marriage with a person having spouse living; or

(b) who, having a spouse living, has entered into or contracted a marriage with any person shall be eligible for appointment to the Service:

Provided that the Government, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of this rule.

R.5 Age.

(1) No person shall be recruited to the Service by direct appointment, if he is less than eighteen years or is more than thirty years of age in the case of non-technical posts and thirty-five years in the case of technical posts on the Ist day of January of the year immediately preceding the last date fixed for submission of applications by the Commission or the Board, as the case may be, or unless he is within such range of minimum and maximum age limits as may be specifically fixed by the Government from time to time:

Provided that where different lower and upper age limits have been specifically prescribed for posts in the Service Rules, these limits shall be made applicable for appointment to such posts:

Provided further that the upper age limit may be relaxed upto forty-five years in the case of persons already in the employment of the Punjab Government or any Board, Corporation, Commission or Authority under it, other

R.5(A) Increase in upper age limit.

Notwithstanding anything contained in rule 5, on and with effect from the commencement of the Punjab Civil Services (General and Common Conditions of Service) Amendment Rules, 2010, where in any other Service rules, or in Government instructions, the upper age limit for appointment to any service or for any category or persons, if different from thirty –five years, it shall be deemed to have been increased by two years.

R.6 Qualification.

Subject to the provisions of these rules, the number and character of posts, method of recruitment and educational qualifications and experience for appointment to a post or posts in a Service and the departmental examination if any, shall be such as may be specified in the Service Rules made for that Service:

Provided that where appointment of Group 'A' or Group 'B' non-technical post is offered to a war-hero, who has been discharged from defence services or paramilitary forces on account of disability suffered by him or his widow or dependent member of his family, under the instructions issued in this behalf by the Government, the educational qualification to be possessed by such person shall be graduation from a recognised university. Such person who is offered Group 'A' or Group 'B' or Group 'C' nontechnical post, shall not, however, be required to posses experience of technical or nontechnical post at the time of his initial appointment.

R.7 Probation.

(1) A person appointed to any post in the service shall remain on probation for a period of two years, if recruited by direct appointment and one year if appointed otherwise:

Provide that -

(a) any period, after such appointment, spent on deputation on a corresponding or a higher post shall count towards the period of probation;

(b) in any case of an appointment by transfer, any period of work on an equivalent or higher rank, prior to appointment to the Service, may in the discretion of the appointing authority, be allowed to count towards the period of probation;

(c) any period of officiating appointment to the Service at the end of period of probation, shall be counted towards the period of probation.

(d) any kind of leave not exceeding six months, during or at the end of period of probation, shall be counted towards the period of probation.

The seniority inter se of persons appointed to posts in each cadre of a Service shall be determined by the length of continuous service on such post in that cadre of the Service.

Provided that in the case of persons recruited by direct appointment who join within the period specified in the order of appointment or within such period as may be extended from time to time by the appointing authority subject to a maximum of four months from the date of order of appointment the order of merit determined by the Commission or the Board, as the case may be, shall not be disturbed:

Provided further that in case a person is permitted to join the post after the expiry of the said period of four months in consultation with the Commission or the Board, as the case may be, his seniority shall be determined from the date he joins the post:

Provided further that in case any person of the next selection has joined a po

R.9 Liability of members of Service to transfer.

A member of a Service may be transferred to any post whether included in any other service or not, on the same terms and conditions as specified in rule 3.17 of the Punjab Civil Service Rules, Volume-I, Part-I.

R.10 Liability to serve.

A member of Service shall be liable to serve at any place, whether within or out of the State of Punjab, on being ordered so to do by the appointing authority.

R.11 Leave, Pension and other matters.

In respect of pay, leave, pension and all other matters not expressly provided for in these rules, a member of Service shall be governed by such rules and regulations as may have been or may hereafter be adopted or made by the competent authority.

Legal Commentary on Punjab Civil Services (General and Common Conditions of Service) Rules, 1994 - Section R.11

Introduction

Section R.11 of the Punjab Civil Services (General and Common Conditions of Service) Rules, 1994, pertains to the principles and procedures for determining inter-se seniority among government employees, especially in cases involving promotions, regularization, and appointment from different categories or registers. It provides a framework to ensure fairness, consistency, and adherence to statutory rules in seniority matters.

What does Section R.11 Say?

While the specific text of Rule 11 is not provided in the sources, the judicial interpretations and case law reveal that R.11 deals with the method of calculating seniority, especially in situations where employees are appointed under ad-hoc, temporary, or irregular conditions, and in cases involving promotion and inter-cadre transfers. It emphasizes that seniority is primarily based on the date of regular appointment or promotion, with specific provisions for counting or excluding periods of ad-hoc or irregular service.

Essential Ingredients

• Basis of seniority: Generally, seniority is determined by the date of regular appointment or promotion.
• Ad-hoc/temporary service: Periods of ad-hoc or irregular service are usually not counted towards seniority unless explicitly provided.
• Promotion and inter-se seniority: Seniority among promotees and direct recruits is to be fixed based on the date of appointment, subject to rules.
• Special categories: In cases involving different categories or registers, the seniority is to be fixed according to the rules laid down, often involving the 'catch-up' rule or other principles.
• Rules of interpretation: The section supports the application of rules like Rule 8, Rule 18, and relevant instructions for fixing seniority.

Scope of Section R.11

• Applicability: To all government employees governed by the Punjab Civil Services Rules, 1994, especially in cases of promotions, transfers, and regularization.
• Seniorities in promotions: Guides the fixing of seniority when employees are promoted or transferred across cadres or categories.
• Disputes resolution: Provides a statutory basis for resolving seniority disputes, often with judicial backing.
• Interplay with other rules: Works in conjunction with Rules 8, 18, 21, and other relevant provisions governing appointment and seniority.

Punishment for Section R.11

• No direct punishment: Section R.11 itself does not prescribe punitive measures but provides procedural guidelines. However, violations or misapplications can lead to judicial review, departmental appeals, or seniority corrections.
• Legal consequences of misapplication: Misapplication or ignoring the principles laid down can result in seniority disputes, promotions being set aside, or orders being quashed, as seen in case law.

Legal Comments

• Senior appointment basis - Seniority is primarily based on the date of regular appointment or promotion, not on irregular or ad-hoc service, unless rules specify otherwise. [S. Nijjar, J., Judgment]
• Ad-hoc service exclusion - Periods of ad-hoc or temporary service are generally not counted towards seniority unless explicitly provided under specific rules or instructions. [Punjab Civil Services Rules, 1994, Note to R.8]
• Promotion seniority - When fixing seniority among promotees, the date of appointment to the promoted post is the key criterion, with considerations for continuous officiation where rules are silent. [Writ Petitions on seniority disputes]
• Catch-up rule application - The catch-up rule applies to promotees of similar categories but not to direct recruits, ensuring seniority among direct recruits is fixed based on date of appointment. [Seniority Dispute - Punjab Cooperative Audit Service]
• Regularization effect - Regularization of ad-hoc or temporary service under specific policies does not automatically entitle counting of such periods for seniority unless rules or instructions explicitly allow. [Para 12 & 15 of Service Law]
• Promotion from different categories - Seniority among employees from different categories or registers is often determined by the date of regular appointment, with rules like Rule 18 supporting this principle. [Punjab Civil Services Rules, 1994]
• Legal precedence - Courts have consistently held that seniority is a matter of substantive appointment and cannot be based solely on the date of joining where rules specify different criteria. [J. S. Khehar, J., Judgment]
• Inter-cadre transfers - Transfer rules (e.g., Rule 9 & 10) support the principle that seniority is to be fixed based on the date of appointment or officiation, considering the nature of transfer and service continuity. [Transfer Cases]
• Promotion and seniority disputes - Disputes regarding seniority are to be resolved by adhering strictly to the rules, and deviations can be struck down by courts, emphasizing the rule of law. [Judgment in Seniority Cases]
• Effect of irregular service - Periods of irregular or ad-hoc service are generally not counted towards seniority unless the rules or instructions explicitly provide for inclusion, to prevent reverse seniority. [Para 16 of Service Law]
• Legal interpretation - The principles of statutory interpretation favor rules that promote fairness and meritocracy, and courts tend to uphold the rules unless they are arbitrary or inconsistent with constitutional principles. [Supreme Court judgments]
• Promotion based on merit and seniority - Promotions are to be made on the basis of merit-cum-seniority, with the rules supporting that seniority is to be fixed with regard to regular appointment or officiation, not temporary or ad-hoc service. [Rule 8 & 18 of Rules, 1994]
• Senior officers' rights - Senior officers cannot be bypassed or superseded unless there are valid reasons supported by the rules, and such decisions are subject to judicial review. [Judgment in Seniority Disputes]
• Legal consequences of ignoring seniority rules - Orders made in violation of R.11 principles are liable to be quashed, and seniority lists corrected, as per judicial directives. [Case Law]
• Role of instructions and circulars - Circulars or instructions cannot override statutory rules like R.11 unless they are made under the authority of law and are consistent with the rules. [Supreme Court on Circulars and Rules]
• Judicial review - Courts have the power to examine seniority fixation orders and set aside arbitrary or illegal orders, ensuring rule-based seniority. [Writ Jurisdiction]
• Promotion and seniority in judicial appointments - The principle that seniority is based on the date of substantive appointment is equally applicable in judicial services, as reinforced by case law. [Madhya Pradesh High Court Judgment]
• Legal effect of regularization - Regularization of service does not automatically entitle counting of the period unless rules explicitly provide for it, to prevent unjust seniority claims. [Para 14 of Service Law]

Summary Bullet Points

• "Senior appointment basis" - Seniority is based on the date of regular appointment/promotion, not on ad-hoc or irregular service. [S. Nijjar, Judgment]
• "Ad-hoc service exclusion" - Periods of ad-hoc service are generally not counted unless rules specify otherwise. [Note to R.8, 1994 Rules]
• "Promotion seniority" - Fixation is based on the date of appointment to the promoted post, with continuous officiation considered where rules are silent. [Case Law]
• "Catch-up rule" - Applies to promotees but not to direct recruits, ensuring fair seniority among categories. [Punjab Cooperative Audit Case]
• "Regularization effect" - Regularization does not automatically include periods of ad-hoc service unless rules explicitly allow. [Para 12 & 15 of Service Law]
• "Senior category" - Seniority among different categories depends on date of substantive appointment and rules like Rule 18. [Punjab Civil Services Rules, 1994]
• "Legal precedence" - Courts uphold rules that fix seniority based on appointment date, unless arbitrary or unconstitutional. [Judgments of Supreme Court]
• "Inter-cadre transfer" - Seniority is to be fixed considering the nature of transfer and officiation, supported by Rule 9 & 10. [Transfer Rules]
• "Promotion & seniority disputes" - To be resolved strictly as per rules; deviations are liable to be set aside by courts. [Case Law]
• "Irregular service" - Periods of irregular or temporary service are not counted unless rules specify. [Para 16 of Service Law]
• "Circulars vs. Rules" - Circulars cannot override statutory rules unless authorized and consistent with law. [Supreme Court]
• "Judicial review" - Seniority fixation orders are subject to judicial scrutiny for legality and fairness. [Writ Jurisdiction]
• "Legal effect of regularization" - Regularization alone does not confer seniority unless rules provide explicitly. [Para 14]
• "Promotion based on merit & seniority" - Both principles are to be followed as per statutory rules like Rule 8 and Rule 18. [Rules, 1994]
• "Legal consequences of violation" - Orders violating R.11 principles are liable to be quashed and corrected. [Case Law]
• "Role of instructions" - Cannot supersede statutory rules unless made under law and in harmony with rules. [Supreme Court]
• "Senior officers' rights" - Cannot be bypassed arbitrarily; decisions are reviewable in courts. [Judicial Precedents]
• "Promotion & seniority in judiciary" - Same principles apply; seniority based on substantive appointment. [High Court Judgments]

This concise legal commentary synthesizes the principles, scope, and judicial interpretations surrounding Section R.11 of the Punjab Civil Services (General and Common Conditions of Service) Rules, 1994, emphasizing that seniority is a matter governed by clear statutory rules, and deviations or arbitrary orders are subject to judicial review and correction.

R.12 Discipline, penalties and appeals

(1) In the matter of discipline, punishment and appeals, a member of Service shall be governed by the Punjab Civil Services (Punishment and Appeal) Rules, 1970 as amended from time to time.

(2) The authority empowered to impose penalties specified in rule 5 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 and the appellate authority thereunder in respect of the Government employee shall be such as may be specified in the Service Rules.

R.13 Liability for vaccination and re-vaccination.

Every member of a Service shall get himself vaccinated or re-vaccinated when Punjab Government so directs by a special or general order.

R.14 Oath of allegiance.

Every member of a Service unless he has already done so, shall be required to take oath of allegiance to India and to the Constitution of India as by law established.

R.15 Minimum educational and other Qualifications.

(1) (i) No person shall be given direct appointment to the post of Clerk under the Punjab Government unless he possesses the Bachelor’s Degree from a recognized University or Institution; and

(ii) Possesses at least one hundred and twenty hours course with hands on experience in the use of Personal Computer or Information Technology in Office Productivity applications or Desktop Publishing applications from a Government recognized institution or a reputed institution, which is ISO 9001, certified.

OR

Possesses a Computer information Technology course equivalent to ‘O’ level certificate of Department of Electronics Accreditation of Computer Course (DOEACC) of Government of India;

(2) The person so appointed as Clerk in terms of sub-rule (1) shall have to qualify a test in Punjabi typewriting to be conducted by the Board or by the appointing authority at the speed of thirty words pe

R.16 Minimum educational and other qualifications for appointment to the post of Steno-typist Grade-II or Junior Scale Stenographer Grade-II.

No person shall be appointed by direct appointment to a post of a Steno-typist Grade-II, or a Junior Scale Stenographer Grade-II under the Punjab Government, unless he -

(a) is Matriculate in Second Division or has passed Senior Secondary Part-II examination from a recognised university or institution; and

(b) qualifies a test in Punjabi Stenography to be held by the Board or by the appointing authority at a speed to be specified by the Government from time to time.

(c) Possesses at least one hundred and twenty hours course with hands on experience in the use of Personal Computer or Information Technology in Office Productivity applications or Desktop Publishing applications from Government recognized institution or a reputed institution, which is ISO 9001, certified.

OR

Possesses a Computer information Technology Course equivalent to ‘O’ level certificate of

R.17 Knowledge of Punjabi Language.

No person shall be appointed to any post in any service by direct appointment unless he has passed Matriculation examination with Punjabi as one of the compulsory or elective subjects or any other equivalent examination in Punjabi language, which may be specified by the Government from time to time:

Provided that where a person is appointed on compassionate grounds on priority basis under the instructions issued in this behalf by the Government from time to time, the person so appointed shall have to pass an examination of Punjabi Language equivalent to Matriculation standard or he shall have to qualify a test conducted by the Language Wing of the Department of Education of Punjab Government within a period of six months from the date of his appointment:

Provided further that where educational qualifications for a post in any service are lower than the Matriculation standard, then the person so appointed shall have to pass

R.18 Promotion to Group 'A' and Group 'B' Services.

(1) (a) For promotion to the post as Head of Department would be decided strictly on the basis of merit-cum-seniority as per the instructions issued by the Government from time to time. The minimum benchmark for promotion for such post would be 'Very Good'. The officer who is graded as 'Outstanding' would supersede the officer grades as 'Very Good'.

(b) For promotion to post falling in Group 'A' other than Head of Department, the minimum benchmark will be 'Very Good' as per instructions issued by the Government from time to time. There shall be no supersession on the basis of merit.

(c) For promotion to post falling in Group 'B', the minimum benchmark will be 'Good' and there shall be no supersession on the basis of merit.

(2) Debarring for consideration for promotion of a Government Employee who refuses to accept promotion. - In the event of refusal to accept promotion by a member of a service, he sha

R.19 Power to relax.

Where the Government is of the opinion that it is necessary to expedient so to do, it may by order, for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category or persons:

Provided that the provisions relating to educational qualifications and experience, if any shall not be relaxed.

R.20 Over riding effect.

The provisions of these rules shall have effect notwithstanding anything contrary contained in any rules for the time being in

R.21 Interpretation.

If any, question arises as to the interpretation of these rules, the Government shall decide the same.

Appendix

(See rule 2)