Punjab Civil Service Rules[Chapter-I]

Punjab Civil Service Rules
Punjab Civil Service Rules


                    
  Punjab Civil Service Rules

                         From this post, we are going to start the Question and Answers of Punjab Civil Service Rules. Let's start from Chapter I of Punjab Civil Service Rules volume 1 part 1. Hope this will be helpful for you.
Chapter-I [Extent of Application]
Q1.      Who has issued The Punjab Civil Service Rules and from what date it becomes effective?
Ans:    As per rule 1.1 of Punjab Civil Service Rules volume 1 part 1, The Punjab Civil Service rules have been issued by the Governor of Punjab under proviso to Article 309 of the Constitution of India and it becomes effective from 1st April 1953.
Q2.      To Whom the Punjab Civil Service Rules apply?
Ans:    Vide rule 1.2(1) of The Punjab CSR volume 1 part 1, The Punjab Civil Service Rules apply to all members of state services belonging to Group A, B, C and D. Also to holders of special posts and any other government employee or class of government employees to whom the competent authority may, by general or special order, make them applicable.
Q3.      To whom The Punjab Civil Service Rules Volume-II is not apply?
Ans:    Under proviso to rule Rule 1.2(1) of the Punjab CSR vol. 1 part 1, Volume-II shall not apply to the Government employees who are appointed on or after the 1-1- 2004. They shall be covered by the New Defined Contributory Pension Scheme to be notified by the State Government.
Q4.   Which rules shall apply to staff of Punjab Legislative Assembly, Punjab High Court and Punjab Public Service Commission?
Ans:   Vide Note 2 below rule 1.2(1) of the Punjab CSR vol. 1 part 1 The Speaker of the  Legislative Assembly has agreed under Article 187 (3) of the Constitution that until a law is made by the Legislature of the State under Article 187 (3) of the Constitution or rules are framed by the Governor in consultation with the Speaker of the Legislative Assembly under clause (3) of Article 187 of Constitution of India, these rules and amendments thereto, if any (after prior consent of the Speaker), shall apply to the Secretariat staff of the Punjab Legislative Assembly. 

       Vide Note 3 of ibid The Chief Justice of the Punjab High Court(currently known as Punjab And Haryana High Court) has agreed to the application of these rules as amended from time to time in case of officers and employees of the Punjab High Court. 

         Vide Note 4 of ibid, The Chairman, Punjab Public Service Commission has agreed to the application of these rules as amended from time to time, in the case of officers and employees of the Punjab Public Service Commission.

Q5.    A Government employee of the public works department of Punjab Government posted on deputation in Punjab Urban Development Authority (PUDA). Which rules are applicable to him now?

Ans:   As per rule 1.2(2) of the Punjab CSR volume 1 part 1, state government employees shall continue to be governed by these rules while on temporary transfer to another state Government or Central Government or while on foreign service within India, unless it be otherwise provided in these rules. So the concerned employee will be governed by these rules.

Q6.      To Whom the Punjab Civil Service Rules shall not apply?
Ans:    Vide rule 1.4 of Punjab civil service rules volume 1 part 1 these rules shall not apply to:-
(i) any Government employee between whom and the Government, a specific contract or agreement subsists in respect of any matter dealt with herein to the extent up to which specific provision is made in the contract or agreement (see rule 1.3above)
(ii) any person for whose appointment and conditions of service special provision is made by or under any law for the time being in force; and
(iii) any Government employee or class of Government employees to whom the competent authority may, by general or special order, direct that they shall not apply in whole or in part.
Q7.   A female government employee appointed on contract in Punjab government department. She is demanding maternity leave, but nothing was written in her contract regarding sanctioning of this leave. Can maternity leave sanction to him or not?
Ans:     According to rule 1.3 of Punjab CSR volume 1 part 1 in respect of any matter for which no provisions have been made in the agreement, provision of Punjab Civil Service Rules shall apply. As nothing is written in a contract, so maternity leave shall be sanctioned to her as per rule 8.137-A of ibid.
Q8:  A government employee retired on 31-12-2011 and at that time dearness allowance was 58% and with effect from 1-1-2012 government increased DA from 58% to 65%. Now the retired employee sent his representation to give him leave encashment according to 65% DA. Can competent authority do so, if not why?
Ans:    As per rule 1.7 of Punjab CSR volume 1 part 1, a Government employee's claim to pay and allowances shall be regulated by the rules in force at the time in respect of which the pay and allowances are earned. So he is not entitled to leave encashment with 65% DA because he is retired before 01-01-2012.
Q9:    Who has the power of Changing and interpretation in Punjab civil service rules?
Ans:    As per rule 1.8 of Punjab CSR volume 1 part 1, The power of interpreting, changing and relaxing these rules is vested in the Department of Finance. 

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3 Comments

  1. can you explain 4.4 b rule of pay fixation,

    ReplyDelete
  2. can you explain 4.4 b rule
    (b) If the conditions prescribed in clause (a) are not fulfilled, he will draw as initial pay the minimum of the time-scale, on appointment in Government service in the case of member of Punjab Civil Service (Judicial Branch), specialist doctors and on completion of probation in other cases:
    Provided both in cases covered by clause (a) and in cases, other than cases of re-employment after resignation or removal or dismissal from the public service, covered by clause (b), that if he either –
    (1)
    (2)
    has previously held substantively or officiated in –
    (i) the same post, or
    (ii) a permanent or temporary post on the same time-scale, or
    (iii) a permanent post other than a tenure post or a temporary post (including a post in a body, incorporated or not, which is wholly or substantially owned or controlled by the Government) on an identical time-scale; or
    The word “minimum of the scale” appearing in the restrictive sub-clause of the proviso should be taken to mean the minimum of the previous post in which the advance increments were granted.

    ReplyDelete
  3. PLZ Provide the letter dated : 28-03-2019 regarding the amendment in rule 4.4 (b) and (c) CSR Vol 1 P 1

    ReplyDelete
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