THE PAKISTAN WAPDA LEAVE LAW OFFICERS SERVICE RULES, 1983
No. S/DD (Rules) 07453/29/61594-718, dated 2nd August, 1983.— In exercise of the powers conferred by Section 18 of the Pakistan Water and Power Development Authority Act, 1958 (West Pakistan Act No. XXXI of 1958), as amended, and all other powers enabling it in that behalf, the Pakistan Water & Power Development Authority is pleased to make the following Rules regulating to procedure for recruitment and promotion to the Pakistan Wapda Law Officers Service and the terms and conditions of the person appointed thereto, namely—
1. Short title and commencement.—(a) These Rules may be called “The Pakistan Wapda Law Officers Services Rules, 1983.”
(b) These Rules shall come into force at once
2. Extent of application. — Unless otherwise decided by the Authority at any time by general or special order, these Rules shall apply to all the categories of Law Officers employed in the office of Legal Adviser Wapda at Lahore and Law Officers in Projects; except”.
(1) Deputionists.
(2) Persons engaged on contract for a specified period.
3. Definitions.— In these Rules, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say:–
(a) “Act” means the Pakistan Water and Power Development Authority time to time.
(b) “Appendices” means Appendices to these Rules.
(c) “Appointing Authority” means the authority competent to make appointment to a post in the Service by initial recruitment , or by transfer or by promotion as specified in column 6 of Appendix-I or as may be prescribed by the Authority b general or special orders from time to time.
(d) “Authority” means the Pakistan Water and Power Development Authority.
(e) “Cadre Strength” means strength of the Service as hereinafter prescribed or part of the Service sanctioned as a separate unit, from time to time within the service.
(f) “Division” means an organization headed by a General Manager/Legal Adviser at the Head Office and includes its subordinate formations.
(g) “Initial recruitment” means appoint made to a post in the Service by means otherwise than by promotion or transfer excluding appointment on contract.
(h) “Post” means a post as specified in column 2 of the Appendix-I and such other posts as may be declared by the Authority to be included in the Service for the purpose of these Rules.
(i) “Probation” means the period for which an employee is placed on trial in a vacancy on initial recruitment.
(j) “Service” means the service under the Pakistan Wapda Law Officers Service Rules, 1983.
(k) “University” “Board” or “Institution” means any University, Board or Institution established by law in Pakistan or any other University, Board or Institution declared by the Authority or the Government of Pakistan to be recognized University, Board of Institution for the purpose of these Rules, including a foreign University, Board or Institution.
PART II
RECRUITMENT
4. Constitution and Composition of the Service.— The service shall comprise the posts specified in column 2 of the Appendix-I to these Rules and such other posts as may be specified by the Authority by a general or special order from time to time
5. Appointing authority.— Appointment to the posts in the service shall be made by the appointing authority as specified in column 6 of the Appendix-I.
6. Method of recruitment.— (a) Subject to the provisions of Rules 5 and 8 of the Rules the method of recruitment to the posts included in the service shall be as indicated in column 3 of the Appendix-I.
(b) 20% of the vacancies worked out for promotion of serving employees, whose promotion is based on seniority-cum-fitness will be considered for accelerated promotion. After 4 vacancies have been filled on the basis of seniority-cum-fitness, 5th vacancy will be filed in by a candidate who deserves accelerated promotion by virtue of his being head and shoulders above his colleagues in professional competence (which covers knowledge and experience), integrity and honesty and devotion to duty, besides loyalty to Wapda and the Nation, as per guidelines contained in Appendix II to these Rules.
7. Age.— No person who is less than twenty-five or more than thirty-five years of age shall be appointed to any post in the Service by initial recruitment.
Note.— Upper age limit of 35 years is relaxable upto 40 years in case of employees of Government/Autonomous/Semi-Autonomous Bodies, or candidates with higher post-graduate qualifications or experience, with the prior approval of Managing Director/Member concerned in each case. Relaxation in age beyond 40 years will rest with the Authority.
8. Qualifications.— (a) No person shall be appointed to a post in Service by initial recruitment unless he possess the qualification and experience prescribed for the post in column 4 of the Appendix-I to these Rules and has also passed such qualifying/aptitude tests, as may be prescribed by the Authority from time to time.
(b) No person, not already in the service of the Authority, shall be appointed to the Service unless he has satisfied the appointing authority with regard to his character and antecedents and has furnished a certificate of Citizenship of Pakistanis on the appropriate form from the authority competent to issue such certificate.
(c) No person, not already in the Service of the Authority, shall be appointed to the Service unless he is declared medically fit by the Director General Medical Services, Wapda or by a Medical Officer of he Authority or where there is no Medical Officer of the Authority, by a Government Medical Officer.
9. Probation.— (a) A person initially recruited to a post in the Service shall remain on probation for a period of one year, in the first instance.
(b) If the work or conduct of a person appointed to a post in the Service by initial recruitment during the period of probation is found to be unsatisfactory the appointing authority may, notwithstanding that the period of probation has not yet expired, dispense with his services without giving him any notice to that effect.
(c) On completion of the period of probation of person the appointing authority, subject to the provisions of sub-rule (d) below may, (1) declare him ‘Regular’ in his appointment with effect from the date of his initial appointment to the Service or may, (2) extend the period of probation by a period not exceeding two years in all, including the initial period of probation, and during or on the expiry of such period, pass such orders as it could have passed during or on the expiry of the initial period of probation.
Explanation I.—If no orders have been passed by the day following the completion of the initial period of probation, the initial period of probation shall be deemed to have been extended.
Explanation II. – If no order shave been passed by the day on which the maximum period of the probation expires, the probationer shall, subject to the provision of sub-rule (d) below, be deemed to have been declared ‘Regular’ in his appointment to the Service with effect from the date on which the period of probation was last extended or may be deemed to have been extended.
(d) Notwithstanding anything contained in sub-rule (c) above, no person shall be declared or be deemed to have been declared ‘Regular’ in his appointment unless he successfully completes such training and passes such departmental examinations as may be prescribed by the Authority, as a condition precedent to declaring him ‘Regular’ in his post.
10. Seniority.— Unless otherwise decided by the Authority, at any time by general or special order, the seniority of the members of the service in the various pots of each cadre, shall be determined as under:–
(1) In the case of persons appointed by initial recruitment, in accordance with the order of merit assigned to them by the appointing authority at the time of making selection
Note-I. Where two or more persons are placed equal in the order of merit, the person older in age shall rank senior to the person younger in age.
Note-II. A person selected for appointment to a post in the Service, in an earlier selection shall rank senior to a person selected for the post in a later selection
(2) In the case of persons promoted from a lower post to the Service, in accordance with the dates of their continuous appointment to the post in the Service, provided that where the order of promotion of two or more persons is issued by the appointing authority on the same date, their seniority inter se in the higher post in the Service shall be determined in accordance with the order of seniority they held in the lower post in the Service from which they are promoted.
Explanation-I.—A person holding a lower post when promoted temporarily a post in the Service, shall not be considered for fixation of seniority, in the post, as senior to a person otherwise senior to him in the lower post.
Explanation-II.—A person holding a lower post in the Service, when promoted on regular basis to a higher post in the Service by superseding a person otherwise seniority to him in the lower post, shall, subject to the note under this explanation, be considered as senior for fixation of seniority in the higher post, even though the person otherwise senior to him in the lower post in also subsequently promoted to a higher post.
Note. A junior person shall be deemed to have superseded a senior person only when both the junior and the senior persons were considered for promotion to a higher post simultaneously and the junior person was promoted to the higher post in preference to the senior person.
(c) Subject to the above, the seniority inter se of the members of the service appointed by initial recruitment vis-à-vis those appointed otherwise than by initial recruitment shall be determined with reference to the dates of their continuous appointment to a post in the Service, provide that if the date of continuous appointment to the post of two or more members of the Service is the same, the Members of the Service appointed otherwise than by initial recruitment shall rank senior to the Members of the Service appointed by initial recruitment.
11. Change in place of service, appointment, designation, responsibilities or duties, deputation outside Authority.— Notwithstanding anything contained in these Rules, or in any other general or special order of the Authority, the whole time of a Member of the Service shall be at the disposal of the Authority and he shall be liable to serve the Authority anywhere in Pakistan, in any capacity, or by any designation and with such duties or responsibility as the Authority may decide, from time to time, provided, however, that he shall not be made to suffer in basic pay or status. A Member of the Service shall also be liable to serve any where in Pakistan, in any post under Federal Government or Federal Government or Local Authority or a Corporation or a Body set up or established by any such Government, if so ordered by the Authority, by general or special order:
Provided that where a Member of the Service is required to serve outside the Authority, his terms and conditions of Service as to his pay shall not be his disadvantage than these to which he would have been entitled, if he had not been so required to service.
12. Termination of service, retirement and resignation.— (a) The services of the Member of the Service may be terminated without notice, on the abolition of a post, or a reduction in the number of posts in a cadre or grade. The person whose services are terminated shall be the one who is most junior in such cadre or grade.
(b) A member of the Service shall hold office until he attains the age of superannuation, unless he is sooner retired under the Pakistan Wapda (Retirement from Service) Rules, 1979, or is dismissed, or removed, or retired from service in consequence of award of punishment under the Pakistan WAPDA (E & D) Rules, or is removed, or retired from service under any other law inforce, or on acceptance of resignation by the competent authority.
13. Punishment and appeal.— In matters relating to discipline, punishment and appeals, etc. members of the Service shall be governed by relevant E&D Rules, orders or instructions, as have been prescribed or may from time to time be prescribed by the Authority.
14. General.— In all matters not expressly provided for in these Rules a member of the Service shall be governed by such Rules, orders or instructions as have been prescribed, or may, from time to time, be prescribed or issued by the Authority.
15. Amendment or relaxation.— The Authority shall have the powers to amend, modify substitute, add or relax any or all these Rules, or any orders or instructions issued thereunder.
16. Interpretation.— Interpretation of rules by the authority shall be final, and binding upon all members of service.
17. Delegation.— The Authority may delegate all or any of its powers under these Rules to any officer subordinate to it.
Appendix-II
GUIDELINES FOR ACCELERATED PROMOTIONS
1. Accelerate promotions shall be made only in case of exceptionally outstanding employees who fulfill the following basic/qualifying conditions. No specific quota is fixed for such promotion. However, an upper limit has been laid down. Accelerated promotion in a particular grade shall not, in any case, exceed 20% of the over all promotions in that grade.
2. These guidelines for accelerated promotions shall be applicable in case or promotions to all the grades from Grade 5, on wards upto Grade 18.
3. An employee who fulfills the following basic/qualifying conditions will be eligible to consideration for accelerated promotion:–
(a) Basic conditions:
(1) he must have completed the prescribed years of service n that grade as laid down in the relevant Service Rules for promotion to the next higher grade;
(2) he must have earned good reports throughout his career and the grading on his last three ACRs, as confirmed by SRO/NSRO must be “VERY GOOD”;
(3) he must have passed departmental examination prescribed if, any in one attempt securing not less than 75% marks in each paper; and
(4) he must have clean ‘conduct sheet’ i.e. he must not have been imposed any penalty under the (E&D) Rules and his ACRs do not contain any adverse remarks.
(b) Qualifying conditions:
An employee must secure 5 points to qualify for accelerated promotion—
List of grade points is given below—
(1) One point for each ‘Very Good’ report in the
existing grade upto a maximum of 4 points. 4 points
(2) One point for advance increment in the existing
grade for good work, upto a maximum of 2 points 2 points
(3) For securing First Prize (WAPDA’s Meritorious
performance Shield) 3 points
(4) For securing second Prize (WAPDA’s Meritorious
performance Shield) 2 points
(5) For securing third Prize (WAPDA’s Meritorious
performance Shield) 1 point
(6) One point for each commendation certificate
in the existing grade by an officer not below
the status of a General Manger, upto a
maximum of 2 points. 2 points
(7) For training courses of not less than one month duration at any of the following institutions:–
(i) Wapda Academy, Tarbela;
(ii) Training Institute, Faisalabad;
(iii) Accounts Trainig Institute, Lahore.
(iv) National Institute of Public Administration; and
(v) Pakistan Administrative Staff College. 1 point
4. An employee who is otherwise senior in the list of candidates being considered for accelerated promotion and fulfils the above conditions shall not be superseded by an employee junior to him in the service, who may have otherwise obtained more points than the senior employee as contemplated in para 1 of the Guidelines.
5. An employee shall not be allowed to get more, than one accelerated promotion throughout his career in Wapda Services.
6. Accelerated promotion to Grade-17 and above shall be made with the prior approval of the ‘Authority’.
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