Law:

Section:

(a) Constitution of Pakistan (1973)Art. 212(3)MoveoverCivil servant working on acting charge basisLeave to appeal was granted to consider the contention as to whether a civil servant who was working on acting charge basis against a post was entitled to moveover in the next higher grade. (b) Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 R. 8BO.M.F. 1(82)R3/85, dated 111986ESTACODE, pp.657 to 659.MovcoverEssential conditionGuidelines for considering cases of moveover of employeesAppointment of civil servant on acting charge basis/current charge basisEntitlement to moveover to next grade­Appointment by way of acting charge or on current charge basis being not of permanent nature but only stopgap arrangement, same would not confer any vested right for regular promotion to that post and such appointment would not amount to a regular appointment against the post or cadre, or confer any right to claim seniority or moveoverOne of the essential conditions for grant of moveover is that the persons concerned must be a regular member of the service, cadre or post concerned. The appointments on current charge basis are of a purely temporary nature or a stopgap arrangement, which are to remain operative for a very short duration until a regular appointment is made against the post. In fact, under the instructions no sooner an appointment is made on current charge basis, a proposal for regular appointment according to rule is to be initiated. Subrules (6) and (7) of Rule 8B of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 are relevant and clearly provide that appointment on acting charge basis shall not amount to appointment by promotion on regular basis for any purpose including seniority. It further provides that the appointment on acting charge basis does not confer any vested right for regular promotion to the post held on acting charge basis. From reading of the instructions which appear at page 206 for the reproduced above ESTACODE and Rule 8B, it is quite clear that the appointments by way of acting charge or on current chargebasis are not of permanent nature but only stopgap arrangement and it does not confer any right for…

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