Promotion on Acting Charge Basis under Rule 10-A of the Punjab Civil Servants (Appointment & Conditions of Service) Rules 1974

Promotion on Acting Charge Basis under Rule 10-A of the Punjab Civil Servants (Appointment & Conditions of Service) Rules 1974 | Government of the Punjab Services & General Administration Department (Regulation Wing) | April 09, 2021

Promotion on Acting Charge Basis under Rule 10-A of the Punjab Civil Servants (Appointment & Conditions of Service) Rules 1974 | Government of the Punjab Services & General Administration Department (Regulation Wing) | April 09, 2021

Kindly refer to the subject noted above:

2. The Regulations Wing, S&GAD is receiving requests from different Administrative Departments regarding appointments on an acting charge basis in respect of the incumbents who are on the verge of their retirements.

3. The Appointment on acting charge basis is regulated under Rule 10-A of the Punjab Civil Servants (Appointment & Conditions of Service) Rules, 1974, which provides as under:-

“10-A. Appointment on acting charge basis: –

(1) Appointment on an acting-charge basis may be made in the manner hereinafter prescribed.
(2) The appointing authority may fill a post reserved for departmental promotion by appointing on the acting-charge basis, the most senior civil servant of the cadre or service concerned, who possesses at least three fourth of the prescribed length of service or the experience for the post or both, as the case may be, and is otherwise eligible for promotion except for the prescribed length of service and the experience.
(3) Where the appointing authority is satisfied on report of the selecting authority that no suitable officer is available to fill a post in a grade 17 and above reserved under the rules to be filled by initial recruitment and it is expedient not to allow the post to remain unfilled, it may appoint to that post on the acting-charge basis the most senior officer eligible for promotion to that post.
(4) No appointment on an acting charge basis shall be made without the recommendations of the Department Promotion Committee or the Provincial Selection Board as the case may be, but such appointment shall not be deemed to have been made on regular basis for any purposes nor shall confer any right for regular appointment.”
(5) No appointment on an acting charge basis shall be made without the recommendations of the Departmental Promotion Committee or the Provincial Selection Board as the case may be, but such appointment shall not be deemed to have been made on regular basis for any purposes nor shall confer any right for regular appointment.”

4. it is clear from the above provision of law that appointment on an acting charge basis is subject to fulfilment of the following conditions:-(a) The candidate for such appointment must be the most senior civil servant of the feeding cadre. (b) The incumbents must possess at least three fourth of the prescribed length of service/experience. (c) The candidate must meet all the eligibility conditions prescribed in the relevant service rules. (d) The post against which acting charge promotion is to be allowed should be vacant for at least six months.
5. The Regulations Wing, S&GAD is of the considered view that the acting charge appointment is a stopgap arrangement that may only be allowed to the senior-most civil servant in the case of exigency subject to fulfilment eligibility conditions as mentioned above. Nevertheless, the dispensation of acting charge appointments is basically meant to run the official business in the absence of a regular incumbent. It is not meant for accommodating retiring officers to allow them a promotion or financial benefits on that score.
6. Foregoing in view, it is requested that the Administrative Departments while dealing with cases of appointment on acting charge basis should keep in view the aforementioned conditions, and only those cases may be initiated which are covered under Rule 10-A of the Rules ibid.
7. The above instructions may be implemented in letter and spirit.