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Employment

The Civil Servants Act, 1973

The Civil Servants Act, 1973 is an Act to regulate the appointment of persons to, and the terms and conditions of service of persons in, the service of Pakistan.

Appointments to an All-Pakistan Service or to a civil service of the Federation or to a civil post in connection with the affairs of the Federation, including any civil post connected with defence, shall be made in the prescribed manner by the President or by a person authorised by the President in that behalf.

An initial appointment to a service or post not being an ad hoc appointment, shall be on probation as may be prescribed. Any appointment of a civil servant by promotion or transfer to a service or post may also be made in probation as may be prescribed.
Where, in respect of any service or post, the satisfactory completion of probation includes the passing of a prescribed examination, test or course or successful completion of any training, a person appointed on probation to such service or post who, before the expiry of the original or extended period of his probation has failed to pass such examination or test or to successfully complete course or the training shall, except as may be prescribed otherwise,–
(a) if he was appointed to such service or post by initial recruitment, be discharged ; or
(b) if he was appointed to such service or post by promotion or transfer, be reverted to the service or post from which he was promoted or transferred and against which he holds a lien or, if there be no such service or post, be discharged

A person appointed on probation shall, on satisfactory completion of his probation, be eligible for confirmation in a service or, as the case may be, a post as may be prescribed.

A civil servant promoted to a post on regular basis shall be eligible for confirmation after rendering satisfactory service for the period prescribed for confirmation therein.
For proper administration of a service, cadre or [post] the appointing authority shall cause a seniority list of the members for the time being of such service, cadre or [post] to be prepared, but nothing herein contained shall be construed to confer any vested right to a particular seniority in such service, cadre or [post], as the case may be.
The seniority of a civil servant shall be reckoned in relation to other civil servants belonging to the same [service or cadre] whether serving in the same department or office or not, as may be prescribed. Seniority on initial appointment to a service, cadre or post shall be determined as may be prescribed. Seniority in [a post, service or cadre] to which a civil servant is promoted shall take effect from the date of regular appointment to that post:
Provided that civil servants who are selected for promotion to a higher [post] in one batch shall, on their promotion to the higher [post]. retain their inter se seniority as in the lower [post].

A civil servant possessing such minimum qualifications as may be prescribed shall be eligible for promotion to a [higher] post for the time being reserved under the rules for departmental promotion in the service or cadre to which he belongs.
(2) A post referred to in sub-section (1) may either be a selection post or a non selection post to which promotions shall be made as may be prescribed-
(i) in the case of a selection post, on the basis of selection on merit; and
(ii) in the case of a non-selection post, on the basis of seniority-cum-fitness.

Every civil servant is to be liable to serve any where within or outside Pakistan, in any post under the Federal Government, or any Provincial Government or local authority, or a corporation or body set up or established by any such Government. Provided that nothing contained in this section shall apply to a civil servant recruited specifically to serve in a particular area or region :

The service of a civil servant may be terminated without notice-
(i) during the initial or extended period of his probation :
Provided that, where such civil servant is appointed by promotion on probation or, as the case may be, is transferred from one [service], cadre or post to another [service] cadre or post, his service shall not be so terminated so long as he holds a lien against his former post in such [service] cadre or post but he shall be reverted to his former [service], cadre or post as the case may be;
(ii) on the expiry of the initial or extended period of his employment; or
(iii) if the appointment is made ad hoc terminable on the appointment of a person on the recommendation of the selection authority, on the appointment of such person.
(2) Where, on the abolition of a post or reduction in the number of posts in a cadre or [service] the services of a civil servant are required to be terminated, the person whose services are terminated shall ordinarily he the one who is the most junior in such cadre or service.
(3) notwithstanding the provisions of sub-section (1), but subject to the provisions of sub-section (2), the service of a civil servant in temporary employment or appointed ad hoc shall be liable to termination on fourteen days” notice or pay in lieu thereof.
 

A civil servant shall retire from service on the completion of the sixtieth year of his age.

A retired civil servant shall not be re-employed under the Federal Government, unless such re-employment is necessary in the public interest and is made with the prior approval of the authority next above the appointing authority :
Provided that, where the appointing authority is the President, such re-employment may be ordered with the approval of the President.
(2) Subject to the provisions of sub-section (1) of section 3 of the Ex-Government Servants (Employment with Foreign Governments) (Prohibition) Act, 1966 (XII of 1966), a civil servant may, during leave preparatory to retirement, or after retirement from Government service, seek any private employment:
Provided that, where employment is sought by a civil servant while on leave preparatory to retirement or within two years of the date of his retirement, he shall obtain the prior approval of the prescribed authority.

Where a right to prefer an appeal or apply for review in respect of any order relating to the terms and conditions of his service is provided to a civil servant under any rules applicable to him.such appeal or application shall, except as may be otherwise prescribed be made within thirty days of the date of such order.
(2) Where no provision for appeal or review exists under the rules in respect of any order or class of orders, a civil servant aggrieved by any such order -nay. within thirty days of the communication to him of such order, make a representation against it to the authority next above the authority which made the order:
Provided that no representation shall lie on matters relating to the determination of fitness of a person to hold a particular post or to be promoted to a higher post or grade.

 

Fell Free to Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Karachi Office

Office # E-26, Executive Floor,
Glass Tower,
Khayaban-e-Iqbal (Clifton Road),
Teen Talwar, Clifton,
Karachi, Sindh,
Pakistan.

Telephone No.  +92-21-35642634
Mobile Phone No. +92-321-2057582
Mobile Phone No. +92-300-8233580

Email: info@irfanlaw.com
Website: https://www.irfanlaw.com

Law Firm based in Karachi and Islamabad having well experienced Advocates and Lawyers in the fields of Civil Service and Employment Law.
E-26, Executive Floor, Glass Tower, Clifton,
Karachi, Sindh
PK
Phone: 03212057582

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About us

Civil Law

Irfan Mir Halepota & Associates provide complete legal services on the civil matters which are relating to the individuals and companies in Karachi, Paksitan. These are as under:-

1. Permanent, Temporary and Perpetual Injunctions
2. Declaration of Title and any other documents
3. Cancellation of any Documents
4. Recovery of Money and Damages
5. Defamations Suits
6. Specific performances of agreements
7. Administration suits
8. Suit for Possession and Mense Profits
9. Partition suit
10. Changing/Correction of the Name and Date of Birth
11. Restoration of the service/job
12. Constitution Petitions
13. All kinds of Writ petitions
14. Succession and Letter of Administration
15. Wills and probate declarations
16. Appeals and Revisions
17. Eviction of the Tenants
18. Enhancement of the Rent
19. Restoration of amenity facility of the Tenant
20. Miscellaneous Rent cases

Irfan Mir Halepaota & Associates has been ranked as one of the top Corporate Law Firms in Pakistan by the Legal 500 and HG. It is also considered as one of the Best Law Chambers and Partners having well reputation in Karachi, Pakistan.

Submit Your Query For a Legal Advice

 
Law Firm based in Karachi having well experienced Advocates and Lawyers in the fields of International and Local Pakistani Laws.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582

 

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About us

CIVIL LITIGATION IN KARACHI PAKISTAN

OUR Law Firm knows how to face challenges arising out of difficult and complex civil cases. We are a well-trained team, working collaboratively in order to win lawsuits. We are confident that we can achieve the needs and best interests of our clients. We have a team of widely known Advocates and Lawyers specializing in all areas of civil litigation, who practice in Civil Courts, District Courts and High Court. The superior Court in Pakistan is Supreme Court of Pakistan the judgements of Honourable Supreme Court of Pakistan are binding on all High Courts and sub-ordinate Courts.

Our Lawyers keep fully engage with clients at all stages of their cases that occur during litigation. Our team is highly experienced and has dealt with thousands of cases in Pakistan with a proven record of accomplishment of winning.

Our specialized team studies all available options in relation to cases and then advises client on the best legal option before the courts. We are sufficiently experienced and professionally equipped to fight in order to achieve the success.

OUR professional team deals with all aspects of juridical administrations facing our clients. We work hard to utilize effective measures in order to shun and avoid problems. We take aggressive legal approach to protect clients’ rights and business plans from others’ aggression.

We have very vigilant and aggressive approach in dealing with Civil Litigation including:

Our services include but no limited to:

Partition of Properties, Cancellation of Documents, Specific Performance of Contracts, Restoration of Possession of Properties, Permanent Injunctions, Suits for Dissolution of Partnerships, Rendition of Accounts, Recovery of Money and Mesne Profits, Declaration of Rights with Consequential Relief, Benami Transactions, Recovery of Damages, Succession Certificates, Stay Orders, Constitutional Writ Petitions before the High Courts, Recovery of Bad Debts and Loans:

Our Law Firm deals with cases of Special Laws relating to:

Consumer Protection, Environmental Protection, Electricity, Gas and Petroleum, Service Matters, Intellectual Property, Excise and Customs, Import & Export.

Ejectment of tenant, Fixation of fair rent, Recovery of rent amount, Registration of rent deeds, Rent Appeals.

Our law firm is very successfully providing legal services for recovery of bad debts and loan by initiating civil and criminal proceeding against defaulters in very vigilant and aggressive manner.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Submit Your Query For a Legal Advice

 
Law Firm in Pakistan dealing with Commercial, Intellectual Property and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582