PB CSR Vol-I Part-I Chapter 1 Extent of Application Ques-Ans

Notes of PB CSR Vol-I Part-I

Chapter 1

Extent of Application

In the First chapter of PB CSR Vol-I Part-I Chapter 1 Extent of Application. Here are Important Questions Answers of this Chapters.

Ques. 101    Please state who has issued the Punjab Civil Services Rules & under What authority?

Ans 101  Under rule 1.1 of CSR Voll, Part 1, Punjab Civil Services Rules have been issued by the Governor of Punjab, under authority of Proviso to Article 309 of the Constitution of India.

Ques. 102 State the date from which Punjab Civil Services Rules have come into force?

Ans.102 According to Rule 1.1 of CSR Vol l, Part I, Punjab Civil Services Rules have came into force from 1.4.1953.

Ques. 103   Please state the categories of Government employees to whom the Punjab Civil Services Rules are applicable?

Ans 103.   Vide rule 1.2 (1) of CSR Vol.I, Part 1, the provisions of Punjab Civil Services Rules are applicable to the following categories of employees:

1. Members of State Service Class I, II, III & IV (Now called as Group A,B,C & D)
2. Holders of Special posts.
3. Other Government employees, to whom the competent authority may make them applicable.

Ques. 104  Mr. “A” was appointed as Clerk under the Punjab Government on 2.2.2004. Please state whether Pension Rules contained in CSR Vol-l will be applicable to him? If so, what Pension Rules will be applicable to them?

Ans.104  As per provisions of Proviso to rule 1.2 (1) of CSR Vol.l, Part 1, the Pension Rules contained in Punjab Civil Services Rules, Vol-ll, shall not apply to the Government employees who are appointed on or after 1.1.2004. As such, Pension Rules contained in CSR Vol-ll, will not be applicable to Mr. ‘A”. He will be covered by new “Defined Contributory Pension Scheme”.

Ques. 105   Whether CSRS are applicable to the Secretariat staff of the Punjab Legislative Assembly?

Ans 105. Vide note 2 below rule 1.2 (1) of CSR Vol-1, Part-1, Punjab Civil Services Rules and amendments thereto, shall apply to the Secretariat Staff of the Punjab Legislative Assembly.

Ques. 106 Please state whether Punjab Civil Services Rules are applicable to the officers and employees of Punjab & Haryana High Court ?

Ans 106. As per note 3 below rule 1.2 (1) of CSR Vol-1, Part I, the Punjab Civil Services Rules, as amended from time to time, are applicable to the officers and employees of Punjab High Court now called as Punjab and Haryana High Court.

Ques. 107  Mr. ‘A’ working as permanent Assistant with Punjab and Haryana High court represented that the order issued under rule 3.17 of Punjab Civil Services Rules, Vol-1, Part-1, transferring him to lesser pay are not valid as he is no more an employee serving under the administrative control of Punjab Govt. Comments? (SAS 8/2002)         (5 marks)

Ans 107. The presentation of the employee is against the provision of note 3 below rule 1.2 (1) of CSR Vol-l, Part-1, vide which the Punjab Civil Service Rules, as amended from time to time, are applicable to the officers and employees of Punjab High Court now called as Punjab & Haryana High Court.

Ques. 108   A Punjab Govt. employee was sent to the Punjab Urban Development Authority (PUDA). He requested that during the period of deputation/foreign service, the rules of PUDA may be made applicable to him, as these are beneficial as compared to the Punjab Civil Service Rules. Comments?

Ans 108  Vide rule 1.2 (2) of CSR Vol-1, Part 1. a Punjab Govt employee while on deputation/foreign service in India, shaft continue to be governed by the Punjab Civil Services Rules. As such request of the employee is against the rules & cannot be accepted.            

Ques. 109  An Officer of the Punjab Govt. was temporarily transferred to Central Government for a period of three years. Please state whether Punjab Civil Service Rules or the Central Civil Services Rules will apply to him during the period of temporary transfer?

Ans 109     According to rule 1.2 (2) of CSR Vol-1, Part-1, Punjab Civil Services Rules shall continue to be applied to the Officer during the period of temporary transfer to Central Government.

Ques.110  To what extent Punjab CSR apply to govern the services of Punjab Govt. employee who are on foreign service outside India or on temporary transfer to Armed forces of India?       (SAS February, 2003)/21

Ans. 110    Under rule 1.2(2) of CSR Vol-1, Part-1, a Government employee on foreign service outside India or on temporary transfer to Armed forces of India, shall be governed by the Punjab Civil Service Rules to the extent provided in the terms and conditions of foreign service or temporary transfer, as the case may be.

Ques. 111   A lady teacher was employed on contract. In contract it was provided that in respect of any matter for which no provision has been made in the agreement, provision of CSRS shall apply. After two years she applied for maternity leave but contract was silent on this point. Please examine whether Maternity Leave will be admissible to her?

Ans. 111  The contract is silent regarding maternity leave, therefore, provisions of CSRS shall apply in accordance with the terms of the contract. Under Rule 8.127 (a) and 8.137-A (a), of CSR Vol-1, Part-1. maternity leave upto three children is admissible to female employees. As such lady teacher is entitled to Maternity Leave.

Ques.112   State the categories of employees to whom the Punjab Civil Services Rules are not applicable?

Ans. 112  Vide rule 1.4 of CSR Vol-l, Part-1, the Punjab Civil Services Rules are not applicable to the following categories of Government employees: –

1. Who are appointed on contract or agreement.
2. For which special provision exist under any law
3. Any Govt. employee to whom the Competent Authority may direct that they shall not apply.

Ques.113    Whether Punjab Civil Services Rules are applicable to IAS Officers (SAS 12/99) (2)

Ans.113    Under rule 1.4 (i) of CSR Vol-I, Part-1, Punjab Civil Services Rules are not applicable to IAS Officers, because they have their own (AIS) Services Rules.

Ques.114    State the authority which will decide whether CSRs are applicable or not to any person in case of doubt?

Ans.114     As per rule 1.5 of CSR Vol-1, Part-1, if any doubt arises as to whether CSRS are applicable or not to any person, the decision will be made by the Competent Authority.

Ques.115    State whether the Punjab Civil Services Rules can deprive any person of any right or privilege admissible to him under any law or the terms of his agreement?

Ans. 115 Under rule 1.6 of CSR VH, Part-1, the Punjab Civil Services Rules cannot deprive any person of any right or privilege admissible to him under any law or by the terms of his agreement.

Ques. 116 How a Government employee’s claim to pay and allowances shall be regulated? (SAS 6/87)

Ans 116   Vide rule 1.7 of CSR Vol-1, Part-1, a Government employee’s claim to pay and allowances shall be regulated by the rules in force, when the pay and allowances are earned for that period.

Ques.117    How a Government employee’s claim to Traveling Allowance are regulated.?

Ans 117      As per rule 1.7 of CSR Vol-1, Part-1, a Government employee’s claim to Traveling Allowance will be regulated by the rules in force at the time the journey, in respect of which, are made or undertaken.

Ques. 118    How a Government employee’s claim to pension shall be regulated?

Ans. 118    According to rule 1.7 of CSR Vol-1, Part-1, a Government employee’s claim to pension is regulated by the rules in force, applicable to him at the time, when he retires or is discharged from the service of Government.

Ques. 119   Who is the Competent Authority to interpret or change or relax the provisions of the Punjab Civil Services Rules 7 (SAS Qn.)

Ans 119                Under rule 1.8 of CSR Vol-1, Part-1, the Department of Finance is the Competent Authority to interpret or change or relax the provisions of Punjab Civil Services Rules.

Ques. 120    Whether any department of Punjab Government can seek interpretation of CSRs direct from the Department of Finance?

Ans. 120   As per provisions of note 1 below rule 1.8 of CSR Vol-1, Part-1, no department of Punjab Government can seek the interpretation of the Punjab Civil Services Rules, direct from the Department of Finance, Punjab. It should send such cases to the Department of Finance through the Administrative Department concerned.

Ques.  121 What should be done if the operation of any of the Punjab Civil Services Rules causes hardship in any particular case? (SAS 12/99) (Marks 3)

Ans. 121    Vide note 2 below rule 1.8 of CSR Vol-1, Part-1, where the Department of Finance is satisfied that operation of any of the Punjab Civil Services Rules causes, It may issue an order dispensing with or relaxing the requirements of that rule if it finds a hardship in a specific situation.

***End of the Chapter****

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