Answers for Public Inquiries
Ministry of Public Administration
Answers made by the Director General of Establishments in response to the inquiries received constantly from the public sector.
Letters are constantly referred seeking decisions of the Director General of Establishments regarding the matters which are not covered directly by the Establishments Code, Public Administration Circulars, when Heads of Government Institutions carry out their administrative functions.
The general decisions taken by the Director General of Establishments for such one hundred inquiries, which are received frequently, are as follows.
You are further informed to submit me relevant matters as per Public Administration Circular No. 12/2012 if any problematic situation is observed.
Leave
Whether a female officer who has delivered a baby at the time of accepting a permanent appointment in the government can be provided maternity leave as per the provisions of Public Administration Circular No. 4/2005 dated 03.02.2005?
It is possible. Maternity leave with full pay, leave with half pay and leave with no pay can be granted as per the provisions of the above circular deducting the period from the delivery up to the date of accepting the permanent appointment.
Whether leave can be granted as per Public Administration Circular No. 382 for an accident occurred outside duty hours?
As per Public Administration Circular No. 382, an unpredictable disaster means either a natural disaster such as flood, cyclones, earthquakes, long term droughts, etc or the disasters that occurred at the time of war. An officer who has met faces with an accident at such an occasion can be granted leave following the provisions of the above circular. However, the provisions of Public Administration Circular No. 382 cannot be made applicable for other accidents (Vehicle accidents, etc)
Whether the spouse of a public servant, who leaves the country for further education on a foreign scholarship, can obtain leave to be spent out of Sri Lanka to stay with such officer when the spouse is also a public servant?
Yes. No-pay leave can be obtained as per Public Administration Circular No. 09/2014 dated 19.05.2014.
Whether the female officers serving on contract basis can be granted maternity leave?
It is impossible.
Whether a female officer can obtain leave to look after a child who is legally adopted?
Approval of the Director General of Establishments should be obtained to grant special leave to a female public officer who legally adopted a child before 26.06.2023. In the case of a female public officer who adopts a child after 26.06.2023, the relevant Head of the Department can grant leave to such an officer as per the provisions of Public Administration Circular 16/2023 dated 06.09.2023 which was issued, including new sub-sections to section 18, Chapter XII of the Establishments Code.
At such an instance where an officer, bound by a compulsory period of service, has been granted leave with full pay or leave with no pay as per the provisions of Section 14 or 16, Chapter XII of the Establishments Code, whether such officer’s service beyond the optional age of retirement (55 years up to 60 years of age) can be made applicable to cover up the compulsory period of service relevant to the period of leave?
Leave can be granted in a manner where the compulsory period of the service of the officer can be completed before completion of 60 years of age. If such officer requests to retire between the age of 55 – 60 before completion of such compulsory period of service, penalty charges should be recovered for the remaining period of the period of compulsory service.
Whether leave can be obtained further in addition to the lapse leave at such an instance where the spouse or a child of a public officer has fallen sick ?
No - pay leave to be spent in or out of the island can be obtained for a maximum period of one year in terms of the provisions of Public Administration Circular 11/2013 dated 02.07.2013.
Whether maternity leave can be approved at such an instance where a female public officer has delivered a baby while staying abroad for studies or employment?
It is impossible.
When an officer follows a higher educational course without having obtained study leave in order to satisfy the qualifications required by the Service Minute/ Recruitment Procedure/ Promotion Procedure relevant to his/ her post, whether such officer can obtain study leave for the purpose of preparing for the examination ?
Study leave can be obtained as per the provisions of Public Administration Circular 23/2014 dated 07.10.2014.
What are the limitations that exist when approving leave to be spent out of the island for a staff officer under the Sub Section 23:3, Chapter XII of the Establishments Code ?
The accumulated leave and half pay leave or commuted half pay leave entitled to the officer in respect of the year in which leave is obtained and the preceding two years can be obtained up to 06 months in maximum. Leave in excess of 06 months should be approved by the Secretary in charge of the subject of Public Administration. The leave extended in such manner should be leave on half pay or no pay.
When a certain number of leave has been approved as medical leave on medical certificates, should the Saturdays, Sundays and Public Holidays, which fall within the said period of leave, be deducted from the vacation leave entitled to the officer?
In terms of the relevant provisions, the number of leave with full pay that can be granted to a certain officer on medical certificates shall mean the aggregate number of leave not obtained within the year and the number of vacation/ medical leave not obtained during the previous year and if it is further necessary the number of laps leave which can be obtained under Section 10, Chapter XII of the Establishments Code. Saturdays, Sundays and Public Holidays which are included in the vacation leave spent within the Island in terms of the provisions of Sub Section 8:3 of the said chapter shall not be deducted from the leave. Accordingly, at such occasions, where the approval is granted for a certain period of leave with full pay as medical leave on medical certificates, the Sundays and Public Holidays shall not be deducted from the vacation leave of the officers for whom the Saturday is applied as a normal working day. In the meantime, the days off granted to the officers engaged under work shifts and the Saturdays, Sundays and Public Holidays entitled to officers for whom only 5 working days of the week are applied as normal working days shall not be deducted from their vacation leave.
Eg: At such occasion where is approved for an officer, who should work only on 5 working days of the week and can be granted leave with full pay, the number of actual leave to be deducted from the vacation leave entitled to such officer, is 3 even if the officer did not report for duty for 5 days due to an illness in case where 2 Public Holidays are included within the said period of leave.
Whether the concession granted by Sub Section 18:7, Chapter XII of the Establishments Code, for the Officers who reach the 5th month of pregnancy, to attend office half an hour later than the normal time of attendance and leave office half an hour before the normal time of departure till maternity leave is granted, can be granted as an hour either in the morning or evening.
There’s no objection with regard to granting the said concession as an hour if the approving Officer is satisfied with the reasons given by the Officer.
If an officer, who has received maternity leave, gets a transfer during that leave period and it is implemented, can the rest of the maternity leave (with full pay, half pay or no pay) be approved by the new workplace?
After reporting to the new workplace as per the transfer order, if the officer is still entitled to maternity leave with full pay, half pay or no pay as per the circular provisions, that remaining leave can be approved by the new workplace.
When obtaining leave without pay to be spent in or out of the island as per Public Administration Circulars 14/2022, 14/2022(I) and 14/2022(II), is it required to apply for all five years at one and the same time?
Not required.
When obtaining leave without pay to be spent in or out of the island as per Public Administration Circulars 14/2022, 14/2022(I) and 14/2022(II), is it possible to obtain such leave without pay for a short period?
It is possible.
Is it possible to report for duty early without completing the period of leave while on leave without pay to be spent in or out of the island as per Public Administration Circulars 14/2022, 14/2022(I) and 14/2022(II)?
There is no hindrance to reporting back to work after formally informing the head of the institution that the leave taken is terminated.
Should an officer be appointed to act in the post of an officer who obtains leave without pay to be spent in or out of the island as per Public Administration Circulars 14/2022, 14/2022(I) and 14/2022(II)?
It is not essential to nominate officers to act in the posts held by officers who make requests for this leave, when the recommendation of the ministerial committee has been made and further the head of the institution should take appropriate action in order to ensure the maintenance of relevant functions properly and efficiently with the application of an internal methodology identified by the institute itself, in case where it is compulsory.
How should an officer who obtains leave without pay to be spent in or out of the island as per Public Administration Circulars 14/2022, 14/2022(I) and 14/2022(II), remit the contribution to the Widows’ / Widowers’ and Orphans’ Pension fund which is applicable to the basic salary entitled to the day before the date of approval for leave?
The Department of Pensions by Pensions Circular 06/2022 has issued instructions regarding the manner in which contributions to the Widows’/ Widowers’ and Orphans’ Pension fund should be remitted.
How long will it take for an officer who obtains leave without pay to be spent in or out of the island as per Public Administration Circulars 14/2022, 14/2022(I) and 14/2022(II) to get that leave approved?
As per section 04 (a) of Public Administration Circular 14/2022(I) and section 5.1 of Public Administration Circular 14/2022(II), the Secretary of the Ministry should take action to issue the final decision within a month from the date, on which a certain officer has submitted his/ her application to obtain leave without pay.
Is there an application form to apply for leave without pay to be spent in Sri Lanka as per Public Administration Circular 14/2022(II)?
No.
It is sufficient to make a written request for leave and the ministries may use a format prepared specifically for their ministries.
ex:-
1. | Name | : | |
2. | Post | : | |
3. | Office you are serving at present | : | |
4. | Reason for applying for leave | : | |
5. | Period for which leave is requested | : | From..............to...................... |
6. | ....... | : |
Is there an agreement to be entered into when obtaining leave without pay to be spent in Sri Lanka as per Public Administration Circular 14/2022(II)?
No.
How can leave be taken if the officer is required to go abroad while on leave without pay to be spent in Sri Lanka as per Public Administration Circular 14/2022(II)?
(i) Obtaining approval for leave to be spent out of Sri Lanka is not required in the case of short-term (less than 03 months) travel abroad while on leave without pay to be spent in Sri Lanka / engaged in online employment.
(ii) In an instance where an officer who has obtained leave to be spent in Sri Lanka requires to go abroad for more than 03 months for foreign employment or for any other purpose, the relevant officer should report back to duty and get leave to be spent out of Sri Lanka approved as per Public Administration Circulars 14/2022 and 14/2022(I).
Is it possible to obtain leave without pay for the purpose of pursuing doctoral degrees and postgraduate degrees under Public Administration Circulars 14/2022, 14/2022(I) and 14/2022(II)?
It is not possible.
Can officers, who have already obtained leave without pay to be spent out of Sri Lanka under Section 16, Chapter XII of the Establishments Code, obtain leave without pay again under Public Administration Circulars 14/2022, 14/2022(I) and 14/2022(II)?
The officers who have obtained leave up to a maximum of five years under section 16, Chapter XII of the Establishments Code, cannot obtain leave again under these provisions.
Is it possible to obtain leave under Public Administration Circular 14/2022(II) to engage in employment in government-affiliated institutions?
It is not possible.
Has a classification been made, i.e., posts to which leave can be granted and posts to which leave cannot be granted under Public Administration Circulars 14/2022, 14/2022(I) and 14/2022(II)?
After an assessment of the service requirement, the Secretary of the concerned Ministry will decide with regard to granting leave without pay to an officer holding any position as mentioned above.
Railway Warrants
Whether a maximum age limit has been prescribed for issuing railway warrants to the children depending on government servants?
According to the Sub section 1:3, Chapter XVI of the Establishments Code, it is sufficient to get the confirmation irrespective of the age limit that the children are depending permanently. As per the Sub section 1:3:4 of the same chapter, it is the responsibility of the Head of the Department to get such confirmation. Further, a confirmation can be called from the Grama Niladhari in this regard, if necessary.
Office Hours
Travelling Expenses
Whether a defending officer can be paid subsistence at a formal disciplinary inquiry?
Necessary instructions have been provided by the Public Administration Circular letter No. 2/2008 dated 08.01.2008. Accordingly, payments can be made as per the provision of Section No. 29:8, Chapter XIV of the Establishments Code.
Official Quarters
Contract Bonds
At such instance where the spouse of an officer appointed for overseas duty is also a public servant, whether he/she should enter into an agreement when granting no pay leave to be spent out of Sri Lanka as per the provisions of Section 36, Chapter XII of the Establishments Code? Whether it is required to prescribe a compulsory period of service?
It is not necessary either to enter to an agreement or to be subjected to a compulsory period of service
Property and Disaster Loans
What is the maximum monthly recovery which can be deducted from the officer when recommending the maximum amount of loan to be granted under Public Servants’ Property Loan? (Rs. 3 Million or an amount equivalent to the salary of seven years of the officer)
The monthly installment and interest can be calculated so as not to exceed the monthly net salary received by the officer. (Except allowances)
Whether an officer, who has obtained a distress loan by appointing guarantors as per the provisions of Establishments Code, should again appoint guarantors, when such officer applies for the disaster loan where a balance of such loan remains unsettled?
Yes. Here the guarantors of the previous loan are released from the responsibility, but the guarantors for the final loan will become guarantors for the total amount of the disaster loan.
Transfer Policies
Whether subsistence can be paid at an instance where it is not mentioned in the transfer order that subsistence is paid?
At such instance where a transfer order is issued to be implemented within a period of less than a calendar month and further such transfer has been made accordingly, subsistence allowance can be paid as per the provisions of Section 24, Chapter XIV of the Establishments Code.
Efficiency Bars
What are the provisions for exempting from the requirement of passing the Efficiency Bar examination as per Public Administration Circular 20/2001 dated 12.09.2001?
Only the officers, who have fulfilled all the following requirements on or before 01.10.2001, can be exempted from the requirement of passing the Efficiency Bar examination.
- Should have completed 45 years of age as at 01.10.2001.
- Should have provided provisions either in Scheme of Recruitment or Service Minute for exemption from the efficiency bar based on the age.
- Should have reached the salary step relevant to the efficiency bar which has been prescribed by 01.10.2001 (Reaching or going beyond the relevant salary step based on antedating, promotion or receiving incremental credits are not applicable)
Appointment and Promotion
What is the method for determining the salary step, on which an officer is placed, if the salary step received by the officer before promotion has gone beyond the maximum salary step of the class/grade of the new post.?
Action should be taken as per the provisions of Para. 4.5, Annex 02 of Public Administration Circular 06/2006. In case where the salary step on which the officer should be placed under the new post has gone beyond the maximum salary step of the salary scale applicable to the grade of the new post, the salary scale should be extended adding the salary incremental value relevant to the maximum salary step indicated in the Column “Not promoted” and then the officers should be placed on the due salary step. Salary increments can further be granted until the officer completes the number of years prescribed for the next promotion as per the Scheme of Recruitment and subjected to the conditions mentioned in Public Administration Circular No 07/2019 dated 08.07.2019 paying due attention to the same.
What is the action to be taken for granting increments beyond the salary step relevant to efficiency bar, if an officer has already gone beyond such salary step at the time of his promotion?
If the officer goes beyond the salary step relevant to efficiency bar at the time of converting salary as per the promotion, action should be taken as per Section 5:5, Chapter VII of the Establishments Code. Further, action should be taken to obtain a concessionary period from the competent authority as required and payment of next salary increments should be determined accordingly, in order to complete the Efficiency Bar.
Whether the service period of an officer holding a permanent post in public service/ provincial public service can be added to the service of new post when such officer gets an appointment to another post in public service?
Cannot be added. However, in case where an officer serving in the public service/ provincial public service accepts a new appointment in the public service after getting formally released, the total period of service in the public service/ provincial public service can be made applicable strictly for the purpose of calculating the pension.
In case where an officer holding a permanent post in the public service/ provincial public service gets an appointment to another post in the public service/ provincial public service, can the salary and the service period relevant to the previous post be applied when preparing the salary of the new post?
In case where an officer serving in the public service/ provincial public service gets a new appointment in the public service/ provincial public service after getting formally released, the salary received under the public service/ provincial public service and the relevant period of service can be considered to grant salary incremental credit as per the provisions of Section 9, Chapter VII of the Establishments Code. Public Administration Circular Letter 05/2017 dated 25.09.2017 has also been issued in this regard.
What action should be taken in respect of issues arisen with regard to promotions, antedating of appointments and concessions for Efficiency Bars of the officers in the Central Government?
Relevant instructions should be obtained from the Public Service Commission whilst paying attention to the Procedural Rules of Public Service Commission published in the Gazette No: 2310/29 dated 14.12.2022
Issues of the Underemployed Graduates
Can the provisions of Public Administration Circular 20/94 (II) dated 15.07.2005 be made applicable with regard to the officers, who have been recruited to public service after 31.12.1980?
No.
Release
What are the provisions applicable at present for an officer in central government, who has been permanently released from a certain post to another post permanently, in respect of reverting to previous post?
Since provisions are not available in the Procedural Rules of the Public Service Commission published in the Gazette Notification No. 1589/30 dated 20.09.2009, instructions in this regard should be obtained from the Public Service Commission.
Political Rights
In case where an officer, who has political rights, contesting an election, requests for leave for this purpose, is it possible for him to obtain the remaining normal leave of the relevant year, if any?
Yes. The casual leave relevant to the said year, remaining vacation leave of the previous year, if any and the vacation leave earned in the current year can be obtained.
How can leave be obtained in case where nominations are called at the end of a year and the election is held in the next year?
Action can be taken as per Public Administration Circular No: 05/2019 dated 05.03.2019.
Should an officer, who has political rights, contests a Local Government election and is appointed as a member, resign from the post he has been holding?
No. He can participate in the relevant meetings subjected to 06 days per month whilst serving in the post he has been serving in. (Public Administration Circular: 12/2021 dated 25.06.2021)
Should an officer, who has political rights, contests a Local Government election and is appointed as a Chairman, resign from the post he has been holding?
No. Granting leave with full pay to participate in the relevant meetings subjected to a maximum of 08 days per month whilst holding the post and depending on exigency of service or no pay leave during the tenure. (Public Administration Circular: 12/2021 dated 25.06.2021)
Should an officer, who has political rights, contests a Provincial Council election and is appointed as a member, resign from the post he has been holding?
No. Action can be taken in accordance with the option 01 or 02 subjected to Sub Section 2:3:4, Chapter XXXII of the Establishments Code.
Should an officer, who has political rights, contests a Parliamentary election and is appointed as a Member of Parliament, resign from the post he has been holding?
Yes
Should an officer, who has no political rights, resign from the service to contest an election?
Yes. However, action can be taken as per the provisions of Sub Section 1:3, Chapter XXXII of the Establishments Code, if the relevant officer possesses a pensionable service period of 10 years or more.
Language Incentives
Can incentive allowances be paid on passing English language as optional/additional subject of a degree course followed in Sinhala medium?
No
Can incentive allowances be obtained as per Public Administration Circular: 29/98 dated 30.12.1998 and Public Administration Circular: 29/98 (i) dated 23.06.2004 for language proficiency, which is required as a qualification for recruitment in the Recruitment Procedure/ Service Minute or notification on calling for applications relevant to a certain post?
No
Can the certificates issued by Institute of Human Resources Advancement (Employee Education Institute) be made applicable for the provision of incentive allowances under Public Administration Circular: 29/98 dated 30.12.1998 and Public Administration Circular: 29/98 (i) dated 23.06.2004 ?
If a diploma in English language or a degree in English medium has been followed and obtained a certificate, the said certificates can be made applicable for granting incentive allowances.
Should the payment of language incentive to a Public Officer be commenced under Public Administration Circular: 29/98 dated 30.12.1998 and Public Administration Circular: 29/98 (i) dated 23.06.2004 from the date of appointment or from the date of confirmation in the service or from the date of passing the oral test/ exemption from the oral test or from the date of requesting incentive allowances?
The Head of the Department can determine whether to commence the payment of language incentives from the date of the first appointment, if it falls after the date of satisfying the written qualification by the officer, from the date of satisfying the relevant qualifications, if it falls after the date of the first appointment, from the date of confirmation in the service, from the date of requesting the language incentives, from the date of passing the oral test/ exemption from the oral test in case of an officer for whom passing the oral test is compulsory.
Are the officers, who have been re-employed and recruited on contract basis, entitled for incentive allowances under Public Administration Circular: 29/98 dated 30.12.1998 and Public Administration Circular: 29/98 (i) dated 23.06.2004 ?
No
Can the passing of the subject of General English at G.C.E. (A/L) examination be made applicable for payment of incentive allowances under Public Administration Circular 29/98 dated 30.12.1998 and Public Administration Circular: 29/98 (i) dated 23.06.2004 ?
No.
Can the officers, who have satisfied the qualifications under Public Administration Circular 03/2007 dated 09.02.2007, apply for language incentives under Public Administration Circular 03/2007 after the provisions of Public Administration Circular 18/2020 dated 16.10.2020 come into effect?
No. Since Public Administration Circular 03/2007 dated 09.02.2007 has been canceled by Public Administration Circular 18/2020 dated 16.10.2020, action should be taken to pay Sinhala/ Tamil language incentives as per Public Administration Circular 18/2020 after 16.10.2020.
Can the certificates issued for completion of Diploma Courses followed in English medium be made applicable to pay incentive allowances under Public Administration Circular 29/98 dated 30.12.1998 and Public Administration Circular: 29/98 (i) dated 23.06.2004 for subjects other than English language?
No.
Can the certificates obtained by following a degree course in English and another language be made applicable to pay incentive allowances under Public Administration Circular 29/98 dated 30.12.1998 and Public Administration Circular: 29/98 (i) dated 23.06.2004 ?
No. Should the relevant degree course be followed fully in English medium in order to obtain incentive allowances under the Public Administration Circular 29/98 dated 30.12.1998 and Public Administration Circular: 29/98 (i) dated 23.06.2004.
Disciplinary Matters
Can the retired officers be engaged in conducting preliminary investigations?
No. A public officer, who is serving at present, should be engaged for this purpose. However, in case where a retired officer is intended to be engaged, the prior approval of the Public Service Commission should be obtained in this regard.
How many times can the charge sheet, documents submitted as evidence and the list of witnesses be revised?
- The Disciplinary Authority has the power to revise the charge sheet within the period from the date of issuing the charge sheet up to the date of commencing the Disciplinary Inquiry as per Sub Section 14:4, Chapter XLVIII, Volume II of the Establishments Code.
- The charge sheet can be revised twice with regard to the charges made after the commencement of the formal disciplinary inquiry as per Sub Section 14:6.
- The charge sheet can be revised twice with regard to the documents submitted as evidence and the list of witnesses after the commencement of the formal disciplinary inquiry as per Sub Section 14:8.
Can the prosecuting officer include new documents submitted as evidence and names of witnesses into the charge sheet when revising the documents submitted as evidence and the list of witnesses at a formal disciplinary inquiry?
Yes, Provisions have been made by Sub Section 14:8, Chapter XLVIII, Volume II of the Establishments Code.
Should a written statement made by the witness be accepted as evidence at a preliminary investigation?
In case where a written statement made at the preliminary investigation is accepted by the witness at the formal disciplinary inquiry, it should be accepted as evidence at the formal disciplinary inquiry as per the provisions of Section 21:13, Chapter XLVIII, Volume II of the Establishments Code.
Can a recorded telephone or other conversation of an accused officer be used as evidence for prosecution at a formal disciplinary inquiry?
There is no legal constrain for presenting such evidence. The statement, which is said to have been made by the accused, can be verified independently by calling the person, who has recorded the telephone or other conversation or the other person, who has joined the said telephone conversation, as a witness of the relevant inquiry.
Can the disciplinary inquiry be suspended and a decision be made in case where the accused officer dies during the formal disciplinary inquiry?
The disciplinary inquiry can be suspended. However, it is impossible to make any conclusion regarding the guilt of the accused officer.
What is the time frame of a preliminary investigation?
Within 02 months (Section 13:2 of Public Administration Circular: No: 30/2019 dated 30.09.2019)
What is the time frame of a formal disciplinary inquiry?
Within 06 months (Section 22.1.1 of Public Administration Circular: No: 30/2019 dated 30.09.2019).
Pension
Are there provisions for an officer to retire on his/ her discretion before reaching the optional age of retirement?
According to Public Administration Circular 30/88 dated 30.08.1988 and Public Administration Circular 30/88(1) dated 19.06.1990, an officer can retire after completing a service period of approximately 20 years.
What are the requirements to be fulfilled to obtain death gratuity?
The officer shall have served for 5 years or more in a permanent and pensionable post (Public Administration Circular 9/96 dated 06.12.1996)
Can the periods of training be applied when calculating the pension?
Can be applied. The said period of training should be relevant to the post to which the officer is appointed (Section 4(b)1 of the Pensions Minute)
In case where an officer is permanently released to an institution indicated in Section 172, Chapter XII of the Procedural Rules of Public Service Commission, is the officer entitled to the pension relevant to the service in the previous post?
An officer is entitled to the pension if he/ she has served in a pensionable post for 10 years or more, formally released and formally retired from the institution from which he/she has been released.
Can the previous period of service of an officer, who has rejoined the service after resigning from public service, be made applicable when calculating the pension?
Can be made applicable as per Section 20 (2) b of the Pensions Minute.
What is the action that should be taken when an issue arises with regard to the service period applicable to the pension due to missing letters of the personal file?
A committee of inquiry consisting of two staff officers should be appointed by the Head of Department and the recommendations on the relevant service period should be submitted to the Director General of Pension as per Section 5:4 of Public Administration Circular: 121 dated 14.06.1973.
Compensations on Accidents
Whether the compensation under P. A. Circular No: 22/93 on behalf of an unmarried officer died due to an accident can be granted to unmarried brothers/sisters of such officer when his parents are not living?
At such instances compensation can be granted to unmarried and unemployed brothers and sisters of the officer in equal portions.
Accidents Occurred due to Terrorist Activities/ Violence
Whether the salary of a public officer died due to terrorist activities can be granted to his children when the spouse marries again?
The spouse of the deceased officer cannot be treated as a dependent of the said officer whenever the spouse marries again. However, the children are treated further as dependents.
Accordingly, the monthly salary entitled to the officer including increments and allowances which could have been obtained by him from time to time can be granted up to the date on which the officer completes 55 years of age or the children complete 26 years of age, whichever occurs first. (In case of female children, they should be unmarried)
Whether the dependents of an employee serving in a State Co-operation on contract basis are entitled to obtain compensations when such employee dies due to terrorist activities?
As per provisions of Public Administration Circular No. 21/88 dated 13.07.1988 and No. 59/89 dated 30.11.1989, the dependents of such officer can be granted full monthly salary entitled to him inclusive of all allowances and salary increments up to the date on which he completes 55 years of age.
Whether the salary of an officer who does not have children and died due to terrorist activities, can be granted to his parents when his/her spouse marries again?
It is impossible to grant the salary of such an officer to the parents, as only the spouse and unmarried and unemployed children are considered as the dependents of a public officer.
Whether the salary, which is paid as per Public Administration Circular No. 21/88 dated 13.07.1988 to the dependents of an officer died due to terrorist activities, can be granted beyond the 55 years of age of the deceased officer?
The optional age of retirement of an officer is 55 years. Therefore, salaries cannot be paid beyond that age.
Acting allowance
In case where an officer is appointed to act or attend to the duties in a certain post in full time basis is formally appointed to act or perform duties in another post by the Appointing Authority, can such officer obtain the allowances also for acting or performing duties in the said post as per the provisions of the Establishments Code?
Can be obtained.
Should the allowance paid to an officer for the period of acting be recovered, when such officer, who has been properly appointed full time to a post higher than his/ her substantive post or appointed to act in the post in addition to the substantive post, is permanently appointed to the post antedating the appointment to the date of appointment on acting basis and when the arrears of salaries of such officer is paid calculating his salary based on his/ her such appointment?
It is not necessary to recover the salary paid for acting in the relevant post for the period from the date on which the officer is formally appointment to act in the post to the date of issuing the letter of promotion after antedating and the salary entitled to the post to which the officer has been promoted should be paid along with the arrears, if any, from the date of promotion.
In case where an officer in Grade II of a certain post is appointed to act in the similar post which is a combined carder of III/II Grades in addition to the substantive post of the officer and the acting allowance is calculated as per 12:5:4, Chapter VII of the Establishments Code, what is the salary step that should be considered as the initial salary of the acting position.
Initial step of grade II should be considered
Leave Preparatory to Retirement
What is the maximum period of leave which can be obtained by an officer preparatory to retirement under Public Administration Circular No. 19/2010?
An officer can obtain leave preparatory to retirement subject to a maximum period of 3 months, if such officer has leave un-availed by him which is equivalent to the number of working days which fall within the 3 months immediately preceding the date of retirement. In case, where an officer has no such un-availed leave equivalent to the number of working days falls within the 3 months immediately preceding the date of retirement, such officer can obtain number of days equivalent to the number of un-availed leave as leave preparatory to retirement.
From which date the un-availed leave of an officer is calculated for the purpose of granting leave preparatory to retirement as Public Administration Circular No. 19/2010? In which manner such calculation should be made?
Casual, vacation/medical leave un-availed from 01.01.2007 can be made applicable for the purpose. An officer who has not obtained incentive allowance for un-availed leave for year 2006 as per Public Administration Circular No. 02/2005 can also make casual, vacation/medical leave un- availed from 01.01.2006 applicable for the purpose.
Entitlement to Uniforms
Who are the officers entitled to uniforms in Office Employees’ Service?
Only the officers in Class II of Office Employees’ Service are entitled to uniforms. Event though the officers in Class I of Office Employees’ Service are not entitled to uniforms, they can be provided uniforms subjected to the provisions of Public Administration Circular No. 08/2009 dated 28.04.2009. The officers in Class III of Office Employees’ Service are not entitled to uniforms.
Procedure of Recruitment
What format should be used to prepare a Scheme of Recruitment? How should it be completed?
As per the instructions published on the website of the Public Service Commission (www.psc.gov.lk) and the standard format revised by Public Service Commission Circular No.01/2015 dated 26.03.2015.
Whether the schemes of recruitment approved separately for each post before issuing Public Administration Circular No. 06/2006 should be approved in the same manner even after issuance of the said circular?
No. One scheme of recruitment for every service category should be prepared at every possible occasion instead of preparing a scheme of recruitment for every post.
Designation | Service Category |
Labours | Primary – Non skilled |
Watcher | |
Assistant Driver’s | |
Assistant Bungalow Keeper |
Who are the authorities from whom a ministry/ department should obtain recommendations in the process of approving a Scheme of Recruitment, and who is the approving authority?
- Authorities from whom recommendations should be obtained
Director General of Establishments
National Salaries Commission
Department of Management Services
- Approving authority
Public Service Commission
How should Schemes of Recruitment be referred to the recommendation of the Director General of Establishments?
The Scheme of Recruitment should be prepared as per the instructions issued by the Public Service Commission and referred to the Director General of Establishments along with the recommendation of the head of the department and Secretary of the respective ministry and together with a copy of the letter by which posts have been approved by the Director General of Management Services and a copy of the letter by which recommendations have been made by the National Salaries Commission on the Scheme of Recruitment.
What are the essential documents that should be submitted when a scheme of recruitment is submitted for the recommendations of the Director General of Establishments?
- Copies of the letter/letters by which the approval of the Department of Management Services per FR. 71 is granted post/posts included in the scheme of recruitment or schedule of the approved cadre.
- Copies of the letter/letters received from the National Salaries and Cadres Commission recommending the salaries for the post/posts included in the scheme of recruitment.
What are the essential documents that should be submitted to the Public Service Commission in obtaining approval for a procedure of recruitment?
- Copies of the letter/ letters by which approval is granted by the Department of Management Services under F.R. 71 for the post/ posts or schedule of the approved cadre.
- Copies of the approved schemes of recruitment of the posts included in the scheme of recruitment, if any.
- Copy of the letter by which the Director General of Establishments has made recommendations.
- Copy of the letter by which the National Salaries and Cadres Commission has made recommendations.
In which manner a scheme of recruitment that has been approved as per Public Administration Circular No. 06/2006 should be revised when required?
Action should be taken as per the provisions of Sections 36 and 37, Chapter IV of Procedural Rules of Public Service Commission published in extra ordinary Gazette No. 1589/30 dated 20.02.2009.
Whether schemes of recruitment should be prepared for the posts belonging to Sri Lanka Scientific Service governed by Sri Lanka Scientific Service Minute and Sri Lanka Technological Service governed by Sri Lanka Technological Service Minute?
Yes. Even though, service minutes are available for these services, provisions have been included to the effect that schemes of recruitment should be prepared separately for the posts governed by those service minutes.
Whether schemes of recruitment should be prepared for posts approved by the Department of Management Services on temporary and contract basis?
Yes. Schemes of recruitment on temporary basis should be prepared for the posts approved on temporary basis. In the meantime, schemes of recruitment on contract basis should be prepared for the posts approved on contract basis.
Whether schemes of recruitment should be prepared under Public Administration Circular No. 06/2006 for the posts approved at present by the Department of Management Services as personal to the officer holding the post at present?
No. Since the post is approved as personal to the officer, a promotion scheme should be prepared instead of a scheme of recruitment.
Service Minutes
How does the methodology of getting a service minute approved differ from the methodology of getting a scheme of recruitment approved?
When getting a service minute approved, the Secretary of the relevant Ministry should refer the matters (for which the Public Service Commission decides that a policy clearance is required) to the Cabinet of Ministers for a policy clearance. Other activities should be in the same manner as followed getting a scheme of recruitment approved.
Language Policy
When an officer who served in a permanent post in the public service or provincial public service before 01.07.2007 receives an appointment for a new post on the limited/ open or merit basis on or after 01.07.2007, should he/ she obtain proficiency in the other official language in addition to the official language in which he/ she joined the service?
Yes. Proficiency in the other official language should be obtained in accordance with the provisions of Public Administration Circular No. 18/2020 dated 16.10.2020 issued in lieu of Public Administration Circular No. 01/2014 dated 21.01.2014 and consequent circulars.
Whether the officers recruited to public/provincial public service before 01.07.2007 are required to obtain proficiency in other official language?
Provisions for proficiency in other official language mentioned in Public Administration Circulars No. 07/2007 are applicable to the officers recruited to public/ provincial public service before 01.07.2007. However, if any other provisions have been included in the service minute/scheme of recruitment on acquiring language proficiency which was made applicable at the time of recruitment, actions should be taken accordingly.
Providing Employment Opportunities to Differently-abled Persons
Whether the Public Administration Circulars No. 27/88 dated 18.08.1988 issued on providing employment to differently-abled persons is further in effect? Whether any revision has been made to the same? If so, what is the action to be followed?
The said circular is still valid. It has been informed by the Public Administration Circulars No. 01/99 dated 29.01.1999 that the provisions of the above circular should be followed. No any other revision has been made to the said circular.
When making recruitment, recommendation should be obtained on the disability from an inquiry board consisting of government medical officers and an officer of the Department of Social Services to confirm above situation.
What are the provisions that are applicable when disabled persons are recruited to the public service/ provincial public service/ public corporations/ statutory boards?
When vacancies in the public service/ provincial public service/ public corporations/ statutory boards are filled on the open basis, provisions have been made by Public Administration Circulars No. 27/88 and No. 01/99 to fill three percent (3%) of such vacancies by disabled persons possessing the requisite qualifications as per the Scheme of Recruitment or Service Minute relevant to the post applied for and whose disability would not be a hindrance to the performance of their duties.
Salary Policy and Anomalies
What is the method for making salary conversion when both the date of increment and the date of promotion fall on one and the same day?
The respective officer should be granted the salary increment in previous post/class/grade entitled to the said date and the salary at the promotion should be prepared as per Section 5, Chapter VII of the Establishments code based on the salary received by the officer accordingly. Provisions of Public Administration Circular 19/2019 dated 09.07.2016 are applicable in this regard. .
What does it mean by the “Salary” of an officer?
Salary means the monthly salary exclusive of allowances as per Public Administration Circular 24/2018 dated 07.09.2018 and it does not include any other allowance unless otherwise ordered.
What does it mean by the terms “Basic Salary” and “Consolidated Salary” of an officer?
Both the Basic salary and consolidated salary mean the monthly salary exclusive of allowances, relevant to the salary scale entitled to a particular officer.
What does it mean by the “monthly salary”, which should be recovered from an officer who resigns without notice?
Salary means monthly salary exclusive of allowances as per Public Administration Circular: 24/2018 dated 07.09.2018. Accordingly, only the basic salary exclusive of allowances should be recovered.
What does it mean by the terms “next higher salary step” mentioned in sub section 5:3:1, Chapter VII of the Establishments Code ?
Immediate higher salary step.
How should the salary be prepared when making appointments through competitive examination for recruitment on limited and merit basis?
Salary should be prepared at such appointments as per the provisions of Section 5, Chapter VII of Establishments Code
What is the salary step on which a certain officer should be placed when he/ she is appointed again to the previous post on his/ her request?
The officer should be placed on the initial salary step of the salary scale relevant to the Class/ Grade in which the officer has served last, as per Public Administration Circular 19/2019 dated 09.07.2019.
What is the method of salary conversion as per Public Administration Circular 06/2006 (VII) of an officer, who is serving in an All-Island service or a post for which a similar salary is prescribed and has been promoted to Class I on 01.01.2006?
If an officer has satisfied other qualifications as per Public Administration Circular 06/2006 (VII), three salary increments should be granted under the same salary increment to the salary step received relevant to class II of a post for which salaries have been determined in all island service on 31.12.2005 and then the promotion should be granted to grade I and the salary entitled to 01.01.2006 should also be granted as per the provisions of Public Administration Circular 06/2006 on placing on the salary step applicable to class I of the same salary scale.
Since an officer promoted to a certain post on supernumerary basis receives the same salary scheme on his/ her appointment to the same post on substantive basis, whether it is possible to grant an additional salary increment changing the incremental date.
If salary conversion has been made as a promotion when making an appointment on supernumerary basis, an additional salary increment cannot be granted. Further, action should be taken considering the date of promotion on supernumerary basis as the next salary increment date.
If an officer retires on the salary increment date itself, can his pension be prepared by granting the salary increment entitled to him as at the said date?
In case where the officer has earned the prescribed salary increments, the pension can be prepared by granting the relevant salary increment.
In case where the date of appointment of an officer falls on the 29th of February, what is date that should be considered as the increment date in the years, which are not leap years?
In years, which are not leap years - 01st of March In a leap year - 29th of February
What is the method of calculating the salary increment period in case where an officer, who has been serving in the public service, has vacated the post or resigned from the post and he has been reinstated in service considering the period during which the officer was not in service as a period of no-pay leave?
The period of absence from service cannot be applied to the calculation of the salary increment period and the salary increment shall be deferred by a period equivalent to the period of no-pay leave.
It is required to serve the remaining period of one year, which is required for granting salary increments for the period of service from the last increment date before vacating the post up to the date of vacation of post from the date of reinstatement and then the date on which said period of one year is completed should be treated as the date of salary increment.
Whether an officer, who has come to the maximum of the salary under the column “If not promoted” in a transitional grade in a certain service can be paid further salary increments when he has not completed the service period prescribed for next promotion?
Yes. The power to grant approval for the payment of salary increments beyond the maximum salary step has been vested in the respective Secretaries of Ministries by Public Administration Circular 07/2019 dated 08.07.2019.
Can salary increments be paid to an officer, who is in the highest grade of a certain post, beyond the maximum salary step of the relevant salary scale?
Salary increments can be paid beyond the maximum salary step as per Public Administration Circular 06/2006 (III) dated 25.01.2007 and Public Administration Circular: 06/2006 (V) dated 12.06.2008.
What is the circular/s relevant to the payment of salary increments beyond the maximum salary step to an officer for the posts, which does not have a grade system??
Salary increments beyond the maximum salary step can be paid as per Public Administration Circular 06/2006 (IX) dated 03.08.2011 and Public Administration Circular 06/2006 (XI) dated 16.07.2014 and approval should be obtained promptly for Scheme of Recruitment/promotion Scheme related to those posts as per Public Administration Circular 06/2006 dated 25.04.2006.
Ex-service Men
What are the provisions to be made applicable when determining the salary in appointing an ex-service man?
The salary of an officer recruited either to public service or the service of a corporation under the privileges granted to an ex-service man should be prepared as per the provisions in Section 9, Chapter VII of the Establishments Code placed on the salary earned by the officer in the Armed Services. (As per Public Administration Circular 13/2021)
Can the provisions of Public Administration Circular: 13/2021 be applied with regard to the officers appointed as ex-service men before 06.07.2021, which is the date of issuance of the said circular?
Yes
How are the cost of living allowance and interim allowances paid, when an ex-service man is reappointed to the public service?
Cost of living allowance
The cost-of-living allowance received with the pension and the difference between the cost-of-living allowance paid to a public officer for serving in the public service as an ex-service man and the cost-of-living allowance paid with the pension can be paid as mentioned in Para 06 of Public Administration Circular 37/2013 dated 31.12.2013.
Interim allowance
If formally appointed to a post in the public service, there is no hindrance to pay the interim allowance of Rs. 2500/- as per Public Administration Circular 09/2019 dated 22.04.2019.
Re-Employment of Retired Officers of Public Service on Contract Basis
What are the Public Administration Circulars which are applicable in re-employing retired public officers?
- P. A. Circular No: 09/2007 dated 12.02.1997
- P. A. Circular No: 24/2011 dated 16.11.2011
What is the allowance entitled to a retired officer in Supra grade of Public Management Assistants Service when such officer is re-employed in the post of Administrative officer as per P. A. Circular No: 09/2007 dated 11.05.2007?
50% from the salary received at the time of retirement or Rs. 15 000/-, whichever is higher. ( Para 02 (V) of P. A. Circular No:09/2007)
Whether the retired officers who have been re-employed on contract basis are entitled to obtain leave?
Leave can be obtained as per the provisions of Public Administration Circular No. 329 dated 19.05.1986.
How are the allowances, which are paid to the retired officers who have been re-employed on contract basis based on the salary, be calculated?
Calculation of overtime allowance and holiday pay should be made based on the remuneration paid at the time of re-employment.
Whether the retired officers who are re-employed on contract basis are entitled to language allowance, annual salary increments and cost of living allowance?
No.
Whether a retired officer, who has been appointed to a post on contract basis, is appointed to act in post/ perform duties as per the provisions of Section 12:2:5, Chapter VII of the Establishments Code in addition to the said post, can be paid an allowance for acting in the post/ performing duties in the post?
If the officer is appointed to act in post, a 1/4 of the initial salary of the acting post and if the officer is appointed to perform duties, a 1/6 of the initial salary of the post in which the duties are performed can be paid as allowances.
Personal Staff of Hon. Cabinet of Ministers and Deputy Ministers
What is the composition of the personal staff of Hon. Ministers?
The composition is as follows as per the letter of Secretary to H.E. the President No. CA1/17/1 dated 14.05.2010.
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What is the monthly salary that should be paid for the staff of Hon. Ministers and Deputy Ministers as per Public Administration Circular No. 6/2006 (IV) which was in effect from 01.06.2007?
Post | Monthly Salary (As a permanent allowance inclusive all) |
Personal Assistant | Rs. 13990.00 |
Management Assistant | Rs. 13990.00 |
Office Employee Service (KKS) | Rs. 12330.00 |
Driver | Rs. 12990.00 |
In addition to above, they are entitled to the special allowance and cost of living allowance as per Public Administration Circular No. 31/2011 dated 12.12.2011 and 18/2012 dated 13.12.2012. If any officer out of them has been attached from a post or service in public service, such officer should be paid the salary segment which is entitled to his/ her substantive post.
Whether it is possible to pay commuted over time allowance to the staff of Hon. Ministers?
Payments can be made as per Public Administration Circular No. 16/2005 dated 20.09.2005.
What are the provisions available for releasing public officers for the service in the staff of Hon. Ministers and Deputy Ministers?
It is not necessary to obtain special approval and the appointing authority can make the release. (It has been decided at the meeting of the Cabinet of Ministers held on 19.12.2012 that action can be taken as per the letter of the Secretary to H.E. the President No. CA/1/17/1 dated 14.05.2010 on “management of government expenses”)