PART – II [APPOINTMENT, EMPLOYMENT AND SERVICE]

Dated Lahore, the 5th January, 2004

Subject: PROMOTIONS IN NEW LOCAL GOVERNMENT SYSTEM #

New Local Government System came into existence with the promulgation of PLGO-2001 on 14th of August, 2001. As a result, various local governments i.e., District Governments, Tehsil/Town Municipal Administrations and Union Administrations were setup. Staffing requirements for the new local governments were fulfilled by way of adjustments of the employees of former local bodies. Various aspects of the service matters in respect of the said employees, therefore, require fresh analysis and decisions. The need for new promotion mechanism in the new setup has been engaging the attention of the Department. In a bid to avoid future problems, owing to promotions being made at the local governments in the absence of new law, a ban on promotions at governments was imposed vide this Department’s letter dated 6-5-2003 while the remained under active consideration of the Department. Accordingly new procedure regulating the seniority and promotion etc., in respect of various categories of employees at local governments is hereby specified as under:

(a) Employees of erstwhile Zila Councils/MCL now adjusted at District Governments, TMAs and UAs

2. District/City District Governments have succeeded Zila Councils/MCL. The District Local Council Servants of erstwhile Zila Councils/MCL is, therefore, part of District Governments, a number of employees of this group have, however, been treated (during the Transition Period) at both Tehsil and Union levels. The staff has been dispersed within the District at District Govt., TMAs & UAs.
3. Promotion, move-over and grant of selection scale cases for this category of employees shall continue to be decided at the District/City District Governments. For this purpose complete information/data about the staff and their places of posting shall be maintained at the District. Former seniority lists wouldn’t be disturbed. An official’s seniority will be independent of his place of posting (whether District Govt., TMA or UA). For the purpose of promotion, all the dispersed staff belonging to a cadre would be considered together as in the former system. The promotions shall be made against vacant posts. In case the post is occupied by way of ex-cadre adjustment of some non-defunct Zila Council servant, an attempt would be made by the concerned local govt. to rectify the ex-cadre adjustment. If the post to which an official is to be promoted lies in a different local government and is vacant (or can be vacated because it is occupied by an ex-cadre official), the official may be promoted and transferred to the other local government against that post. It may be kept in mind that in the process of transition in the new local govt. system, no post has been abolished anywhere. All previous posts still exist, some of them have, however, been shifted to other local governments. The promotion/selection committees along with appointing authorities have already been prescribed vide this Department Notification dated 18-4-2002.

(b) Employees of Education and Health Sectors of erstwhile urban local councils now adjusted at District Governments (excluding the Health and Education Functional Units of LCS)

4. All the health and education staff of erstwhile urban local councils was shifted to the respective Districts vide this Department letter dated 25-6-2002. The posts were abolished from the Schedule of Establishment of TMAs (successor of erstwhile urban local councils) and were created at the District Governments. In the former system, seniority lists were maintained at the local council level. Education/Health staff from various local councils has been accumulated at each District. The seniority lists shall now be maintained as per the erstwhile fashion. For that purpose all such staff at a District would be considered as formed by smaller groups, each group representing a particular (parent) local council with promotions, move-over & grant of selection scales considered and made (within that group) as would be done if they were posted in their respective local body under the previous system. This arrangement would continue till such time that the cadre is phased out. All service matters including promotions in respect of this category of employees shall now be decided at the District Competent authorities for appointment, selection/promotion committees have already been specified vide this Department’s Notification dated 18-4-2002.
   (c) Employees of erstwhile urban local councils now adjusted at District Governments, TMAs and Union Administrations (other than health & education staff).
5. Urban local councils have succeeded by the TMAs. Staff of erstwhile urban local councils (Town Committees, Municipal Committees and Municipal Corporations) has, however, been adjusted at District Governments and Union Administrations, besides the TMAs. Moreover, employees of various erstwhile urban local councils have accumulated at one TMA. For each erstwhile urban local council a CO unit is also present at the TMA.
6. The seniority for this category of employees shall be separately maintained for each (defunct) urban local council as was the case under the erstwhile system. Chief Officers (now Council Officers) shall keep complete record of the staff and posts of the local council he is representing. Since the staff and posts have been scattered at District Govt., TMA and UA, he shall coordinate with other local govts., for this purpose, the erstwhile seniority lists of both the octroi staff and general cadre shall remain intact. CO Unit shall send the recommendations for promotions, move-over & grant of selection scales to Tehsil Promotion Committee constituted under Notification dated 18-4-02. The posts occupied by ex-cadre adjustments shall be treated as vacant for the purpose of promotion of junior to those posts. An attempt shall be made by the TMA to rectify/undo the ex-cadre adjustment. In case the vacant post to which an official has been promoted lies at District Govt., or UA, the official may be promoted and transferred to that local government by the appropriate authority.
7. It has further been decided to lift the ban on promotions (imposed vide this Department’s letter dated 6-5-2003) with immediate effect with the condition that all promotions/move-over/grant of selection scale cases decided since 14-8-2001 at the Union Administrations, TMAs and District Governments shall be re-considered in the light of this new promotion procedure.

Subject: ADVICE ABOUT DISCIPLINARY ACTION AGAINST THE EMPLOYEES OF (DEFUNCT) LOCAL COUNCILS GOVERNED UNDER THE PUNJAB LOCAL COUNCILS SERVANTS (SERVICE) RULES. 1997 #

In continuation of this Department’s Notification of even number dated 18-4-2002, I am directed to refer to the above captioned subject and to state that LG&RD Department has been in receipt of a number of references seeking clarification about the authority competent to take disciplinary action against local council servants that have been adjusted at District Governments, TMAs & UAs.

2. The matter has been examined. It is accordingly clarified that for local council servants governed under the Punjab Local Councils Servants (Service) Rules, 1997, the competent authority at the local government, which is the successor of the erstwhile local body where the official belonged, shall take disciplinary action regardless of the current place of posting of the official. For officials transferred from one local government to another, it may be noted that the competent authorities for this purpose are of the local government where the official has been transferred, as provided vide Rule 3 of Rules ibid.
3. For employees of Health & Education sectors, placed under the administrative control and supervision of District Governments, competent authorities at respective District Government shall take disciplinary action, as provided vide Notification of even number dated 18-04-2002.