Extension policy strict but ignored too often for civil bureaucracy

ISLAMABAD: As against defence forces, re-employments and extensions have become a routine in the civil services despite the fact that the law and rules regulating the bureaucracy are too strict to allow post-retirement jobs.As per law and policy, in the civil bureaucracy extension could be given for a limited period in “very exceptional” cases where replacement of retired/retiring officer is not available. Section 14 of the Civil Servants Act 1973 deals with the subject and reads as: Employment after retirement.–-(1) A retired civil servant shall not bere-employed under the Federal Government, unless such re-employment is necessary in the public interest and is made with the prior approval of the authority next above the appointing authority: Provided that, where the appointing authority is the President, such re-employment may be ordered with the approval of the President.”Under ED’s (Establishment Division’s) OM No 4/1/96-RI dated Nov 11, 1996, “As per existing policy of the Government, re-employment of retired civil servants beyond superannuation is not encouraged except in cases when a civil servant possesses such expertise that his services are irreplaceable.2. The Prime Minister has been pleased to decide that requests for re-employment of ex-civil servants who have voluntarily retired from service shall be summarily rejected. Ministries/Divisions are advised not to initiate any such proposal in future.The Estacode also noted: “It has been noticed that Ministries/Divisions initiate proposals for re-employment of Government servants after superannuation as a routine measure. It is emphasized that re-employment beyond superannuation should be an exception and not the rule. It may be recommended only in cases where Government considers that the experience gained by the retiring person is of vital importance and can be gainfully utilized, particularly in fields where suitably qualified and experienced persons are not available.2. For achievement of the objective mentioned above, the present Government has framed a policy for re-employment of Government servants and cases for re-employment would, in future, be considered in accordance with the following criteria: (i) Non availability of suitably qualified or experienced officers to replace the retiring officer; (ii) the officer is a highly competent person with distinction in his profession/field; (iii) the re-employment does not cause a promotion block; and (iv) retention of the retiring officer, for a specified period, is in the public interest.This policy would also apply to government controlled corporations and other autonomous bodies.”The Estacode also contains the following direction: “Proposals for re-employment are required to be accompanied with the following documents/information:- (a) The proposal duly signed by Secretary or Additional Secretary Incharge of the Ministry concerned is received in the Establishment Division 6 months before the officer is due to attain the age of superannuation and has the approval of the Minister Incharge; (b) the steps taken to train the substitute, if any; (c) ACRs with photograph, ICP chart and bio-data on prescribed proforma; and (d) certificate that the officer is medically fit.”While the choice officers are re-employed anytime but the generally ignored Estacode says, “If it is intended to get the retiring person re-employment on contract in public interest to get his contract extended, a proposal in the form of a summary for the Prime Minister should be submitted to this (Establishment) Division about six months in advance from the date of his retirement from service/expiry of the contract so that Establishment Division could have sufficient time to process it properly.”It adds, “The proposal for re-employment on contract/extension in contract should invariably contain the following information:- (a) A brief report on the performance of the officer during the period of his contract re-employment (only for the cases for extension in contract). (b) Certificate that the proposed re-employment/ extension in contract will not create promotion blockade for the departmental officers. (c) Steps taken to train a substitute of the officer and a statement of circumstances in which no officer could be groomed to take up the assignment. 5. No request for grant of ex-post-facto approval to the contract re-employment/extension in contract, in any circumstances, will be entertained.”Another ED’s OM of Dec 24, 1978 says, “It has time and again been stressed that the approval of the President would be necessary in all cases of re-employment after the age of superannuation in Government as well as in the autonomous bodies….. The age of superannuation of all Government servants should be 60 years and this should apply equally to Government controlled corporations/ autonomous bodies etc.”In yet another ED’s MO dated Dec 5, 1990, it is said, “The Cabinet in its meeting held on 12-11-1990 has decided that no re-employment beyond the age of superannuation should be allowed except in very exceptional cases for which approval of the Prime Minister would need to be obtained.2. This decision is also applicable to autonomous bodies/semiautonomous bodies and may please be brought to their notice for strict compliance.”

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