Clarification – Seniority of Civil Servant who deferred for Promotion dt 06.03.2025
OFFICE MEMORANDUM
Subject: Seniority of Civil Servant
Reference your office letter No. SO(B&E-II)3-12/2023-04041, dated 10.02.2025, on the subject noted above.
2. The case has been examined and it is observed that seniority is maintained of a regular civil servant under Section 7 of Punjab Civil Servants Act. 1974 read with Rule 8 of Punjab Civil Servants (Appointment & Condition of Service) Rules, 1974. Further, seniority of a civil servant cannot be relegated to lower position unless he is superseded in terms of S&GAD’s instructions dated 15.01.1995 which clearly enunciates as under:
- “Seniority of a civil servant, being a vested right, cannot be relegated to a lower position unless he is superseded and his junior is promoted in preference to him in terms of Explanation III below sub rule (1) (b) of Rule 8 of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974. It means that a civil servant, who is deferred for promotion and is subsequently promoted, would regain his original seniority automatically.”
3. It is further observed that assigning seniority/settlement of seniority disputes is an administrative action, which requires independent and judicious decision-making by the Competent Authority, based on relevant law/rules/policies. Therefore, the appointing authority is required to settle /assign seniority in accordance with law.
