Occupational Groups and Services (Probation, Training and Seniority) Rules, 1990

Chapter - 7:

In exercise of the powers conferred by Section 25, read with Section 6 and 8 of the Civil Servants Act, 1973*** (LXXI of 1973), the President is pleased to make the following amendments in the Occupational Groups and Services (Probation, Training and Seniority) Rules, 1990*.

1. Short title and commencement — (1)
These rules may be called the Occupational Groups and Services (Probation, Training and Seniority) Rules, 1990.
(2) These rules shall take effect from 1st October, 1990.

2. Definitions— In these rules, unless there is anything repugnant in the subject or context:-

i. “Appointing Authority” means the person authorized to make appointment to that post under Rule – 6 and the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973***”.
ia. “Commission” means the Federal Public Service Commission;
ii. “Examination” includes any exercise approved by the Government which is   intended to test a Probationer in a field of training during the training   programme;
iii. “Final Passing Out Examination” means the Final Passing Out Examination conducted by the Commission or the department concerned after conclusion of specialized training;
iv. “Government” means the Federal Government *** (in the Establishment Division);
v. “Head of Training Institution” means the Head of a Training institution or place where members of an occupational group or service are imparted training;
vi. “Inductee” means a person transferred to any occupational group or service by induction from the Armed Forces;
vii. “Initial Training” means the training prior to specialized training undertaken by the Probationers of any one occupational group or service or jointly by combination of any occupational groups or services at a training institution or place that the Government may specify;
viii. “Occupational Group or Service” means any groups or service recruitment to which  is made through the competitive examination conducted by the Commission from time to against BPS-17 posts under the Federal Government or any occupational group or service transfer to which is made from the Armed Forces by induction and includes the following:

(a) Accounts Group*
(b) Commerce and Trade Group.
(c) Customs and Excise Group
(d) District Management Group
(e) Foreign Service of Pakistan**
(f) Income Tax Group
(g) Information Group
(h) Military Lands and Cantonments Group
(i) Office Management Group
(j) Police Service of Pakistan***
(k) Postal Group
(l) Railways (Commercial & Transportation ) Group;and
(m) any other service or group which may be notified by the Government as such.

ix. “Probationer” means a person appointed to any occupational group service on probation and includes an inductee; and

x. “Specialized Training” means training subsequent to the initial training undertaken by the Probationers of an occupational group or service at a training institution or place that the Government may specify.

3. Training Programmes and Examination:

(1) Every Probationer shall undergo training in such training institutions and at such places and at time and for such period and appear in such examinations as the government may specify. Any Probationer, who fails to undergo prescribed training and qualify the prescribed examination, shall render his appointment liable to termination without notice: Provided that the Appointing Authority may, on the recommendations of Special Medical Board and the Federal Public Service Commission allow deferment of training and examination if so justified on the basis of compelling medical grounds”;

(2) A Probationer shall qualify every examination to the satisfaction of the head of the training institution where he is undergoing training.

(3) In addition to 1500 marks of CSS examination, 500 marks shall be allocated for initial training programme, 600 marks for specialized training programme and 1000 marks for the final passing out examination.

(4) Every Probationer shall be required to qualify the Final Passing Out Examination in the subjects approved by the Government.

(5) The maximum of 1000 marks allocated for Final Passing Out Examination shall be distributed among the subjects as approved by the Government.

(6) A Probationer who fails to qualify in any subject or subjects in the Final Passing Out Examination shall be allowed two more chances to appear in the examination to be held subsequently in such subject or subjects.

*(7) The Income Tax Group and Customs and Excise Group Probationers, with effect from 31st Common Training Programme (CTP), shall qualify the MBA Tax Management Programme. The MBA Tax Management and its evaluation shall be considered for all relevant rules and purposes under these rules and in addition to the marks specified in sub-rule
(3), 1200 marks shall be allocated for MBA Tax Management Program for the Probationers of the aforesaid Groups.

4. Effect of Unsatisfactory Completion of Training Programme:—

(1) If on the conclusion of a training programme that the performance or conduct of a Probationer is determined by the Head of the Training Institution to be unsatisfactory, the Government may require such Probationer to undergo such further training as it deems fit.

(2) If a Probationer is prevented by sickness or any other adequate cause from completing a training programme to the satisfaction of the head of the training institution, the Government may require him to undergo such further training as it deems fit.

**5. Probationer Missing the Final Passing Out Examination:—If, after completing his training to the satisfaction of the head of training institution, a Probationer is prevented by ill-health from taking, in full or in part, the Final Passing Out Examination, the government may arrange for him to be examined specially and if such Probationer fails to take the Final Passing Out Examination arranged for him specially, he shall render his appointment liable to termination without notice.

6. Probationer Failing to Qualifying in the Final Passing Out Examination:—(1) A Probationer who fails to qualify in the Final Passing Out Examination shall have his increments withheld until such time he qualifies such examination.

**(2) A Probationer who does not qualify in the Final Passing Out Examination shall:
(a) lose his one increment, if he fails in the first attempt.
(b) be relegated in seniority to the bottom of his batch if he fails in the second attempt; and
(c) be discharged from the service under clause (a) of sub-section (2) of Section 6 of the Civil Servants Act, 1973* if he fails in the third attempt:
“Provided that the Government may, as a matter of grace, provide the Probationers who could not qualify in their Final Passing Out Examination upto the 31st December, 2002, an additional chance to appear in the Final Passing Out Examination on such date and at such place as it may notify, and if a Probationer does not qualify in the examination or fails to avail of the additional chance, he shall be removed from service’.

***7. Seniority:
(1) The seniority of the Probationers shall be determined by the appointing authority after Final Passing Out Examination.

(2) Inductees who join the initial training programme shall be given notional marks in a manner that each inductee has the same marks as the senior most Probationer of the occupational group in which the inductee has been inducted.

(3) Inductees who join a specialized training programme directly shall be given notional marks equal to the marks obtained by the senior most Probationers of the occupational groups including the marks in the initial training programme.

(4) For the purpose of determining the inter-se-seniority of the Probationers who commence their training with initial training programme, the marks obtained by a Probationer in the competitive examination of the Commission or his notional marks, as the case may be, shall be added to the marks obtained by him in the initial training programme, specialized training programme and the marks obtained by qualifying the Final Passing Out Examination in his first attempt.

(5) For the purpose of determining the inter-se-seniority of the inductees who commence their training with the initial training programme or a specialized training programme, the notional marks given to such an inductee and the marks obtained by him in the initial training programme and specialized training programme, as the case may be, shall be added to the marks obtained by him by qualifying the Final Passing Out Examination in the first attempt.

8. Probation:—The period of probation of a Probationer shall be two years or for such period as the Government may extend for successful completion of training programme.

9. Bond:—A Probationer shall, before the commencement of the training, execute a Bond, with a surety, to refund in the event of his failing to complete his training or resigning from his service during the period of training or within three years thereafter, all such amounts paid to him or spent in connection with his training.

*10. Penalty:
(1) A Probationer who fails to comply with the provisions of these rules, or to obey any orders which he may receive from the appointing authority, or from the Provincial Government under which he is serving, or from the head of institution or from any faculty member of the training institution or an officer under whom he may be receiving field training, or who neglects his probationary studies, or is guilty of conduct unbecoming of an officer shall be liable for removal from service or to such other action as the appointing authority may direct.

(2) Before a Probationer is removed from service he shall be given an opportunity to show cause.

11. Over-Riding Effect: The provision of these rules shall have effect notwithstanding anything contained in any other rule or rules for the time being in force with regard to any occupational group or service.

12. Repeal:- The Civil Service of Pakistan (Probation, Training and Seniority) Rules, 1954 (Annex), are hereby repealed (and such other rules relating to the subject are hereby repealed),[ copy annexed].