CIVIL SERVANTS ACT (LXXI of 1973)
Rules. — (1) The President, or any person authorised by the President in this behalf, may make such rules as appear to him to be necessary or expedient for carrying out the purposes of this Act.
(2) Any rules, orders or instructions in respect of any terms and conditions of service of civil servants duly made or issued by an authority competent to make them and in force immediately before the commencement of this Act shall, in so far as such rules, orders or instructions are not inconsistent with the provisions of this Act, be deemed to be rules made under this Act.
— S. 25 — Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, Rr. 3, 10, 11 & 12 — Method of appointment — Scope — Civil Servant Act, 1973 regulates the appointment of a person to the service of Pakistan and their terms and conditions — Whereas the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 framed under section 25 of the Civil Servant Act, 1973 regulate their method of appointment and promotion, etc — Rule 10 explicitly provides that initial appointment in BS-16 and above or equivalent, except those which under the Federal Public Service Commission (Function) Rules, 1978 do not fall within the purview of the FPSC, shall be made on the basis of tests and examinations to be conducted by the FPSC — Rule 11 provides that initial appointment to a post in basic pay scales 1 to 15 and equivalent, other than those mentioned in Rule 10 shall be made on the recommendation of the Departmental Selection Committee after the vacancies have been advertised in newspapers — Rule 12 mandates that the candidates for initial appointment to a post must possess the prescribed educational qualifications and experience and that he or she must be within the age limit, except if otherwise provided in the rules framed for the purposes of relaxation thereof — Sub-rule (2) of rule 3 provides that the method of appointment and the qualifications and other conditions applicable to a post shall be as laid down by the Ministry or Division concerned in consultation with the Establishment Division — This rule empowers a Ministry or Division to formulate or establish its own method of appointment and qualifications for posts within that Ministry or Division; however, such method must align with the constitutional mandate and the general law on the subject. [2025 SCLR 16 = 2025 SCMR 104 = 2024 SCP 308]
