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Test 2
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.
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?
It is impossible.
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?
Special leave can be obtained. However, approval of the Director General of Establishments can be obtained for the purpose.
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.
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.
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
Whether an officer is required to pass the efficiency bar relevant to his post at an instance where no mention regarding efficiency bar has been made in a letter of appointment to a certain post? What are the provisions applicable if the officer is required to pass the efficiency bar?
If an efficiency bar is included either in the schedule of Recruitment relevant to the post or Service Minute, the respective officer shall pass the efficiency bar. However, at such instances where necessary provisions are not available in the relevant letter of appointment, instructions should be obtained from the Public Service Commission.
Whether the salary increments can be provided to a concessionary period granted by the formal authority for an officer to pass the efficiency bar?
It is possible.
What are the provisions available in Public Administration Circular No. 20/2001 dated 12.09.2001 for exemption from efficiency bars?
- Should have completed 45 years of age as at 01.10.2001.
- Should have provided provisions either in schedule 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)
What are the provisions existing to grant concessions for the officers who have been unable to pass the prescribed efficiency bar as per the Scheme of Recruitment / Service Minute or letter of appointment?
A request can be made to the Public Service Commission for obtaining a concessionary period as per the provisions of Public Service Commission No. 02/2011 and 02/2011 (1).
Appointments and Transfers
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 5:6, Chapter VII of the Establishments Code revised by Public Administration Circular No. 11/94 dated 11.02.1994.
Whether the service period of an officer holding a permanent post in public service can be added to the service of new post when such officer accepts an appointment to another post in public service?
It cannot be added. However, at such instances where an officer serving in public service/ provincial public service accepts a new appointment in public service after obtaining a proper release, his total period of service under public service/ provincial public service can be made applicable for the purpose of calculating pension.
What are the actions to be taken in respect of issues arisen in promotions and antedating of appointments of the officers in Central Government?
Instructions should be obtained from the Public Service Commission paying attention to the Procedural Rules of the Public Service Commission published in the Gazette Notification No. 1589/30 dated 20.02.2009.
Problem faced by Underemployed Graduates
Whether the provisions of Public Administration Circular No. 20/94 (ii) dated 15.07.2005 can be made applicable to the officers recruited after 31.12.1980.
It is impossible.
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
Whether there is a possibility for an officer who has political rights to obtain casual leave entitled to him for the year which have so far not been obtained when he applies for leave to contest an election?
Yes. It is possible to obtain casual leave of the year and the vacation leave earned by the officer.
Whether an officer with political rights is required to resign from the post held by him when such officer is elected as a member after contesting at Local Government Election?
No. Such officer can participate in relevant meetings subject to a maximum limit of 5 days per month whilst holding the post in the public service. (Public Administration Circular No. 13/2007 dated 22.05.2007)
Whether an officer with political rights is required to resign from the post held by him when such an officer is appointed to the post of Chairman after contesting at Local Government Election?
No. such officer can obtain one of the following two concessions.
- To obtain no-pay leave for the whole period during which such officer holds office at the Local Government Institution.
- To participate in the meetings whilst holding the substantive post after obtaining leave with full pay subject to a maximum limit of 7 days per month.
Whether an officer with political rights is required to resign from the post held by him when such officer is elected as a member of Provincial Council after contesting at Provincial Council Election?
No. Such officer can obtain one of the following two options.
- To get released on no-pay leave on full time basis, during the period of holding office as a member of provincial council.
- To retire subject to conditions mentioned in Section 02 of the P. A. Circular 1/89 (I) dated 22.04.1991.
Whether an officer with political rights is required to resign from the post held by him when such officer is elected as a member of Parliament after contesting at a general election?
Yes
Whether an officer without political rights is required to resign from the service to contest at an election?
Yes
Action should be taken as per Section 1:3 of Chapter XXXII of the Establishments Code revised by the Public Administration Circular 07/2004 dated 15.12.2004.
Incentive Allowance on Language Proficiency and official Languages Policy
Whether passing Sinhala/ Tamil languages as optional/secondary language at G. C. E. (O/L) Examination can be made applicable for paying incentive allowance under P. A. Circular 29/98 and P. A. Circular 03/2007?
No
Whether incentive allowance can be paid on passing English an auxiliary subject of a degree course followed in Sinhala medium?
No
Whether incentive allowance can be obtained under P. A. Circular 29/98 and P. A. Circular 03/2007 for proficiency in a certain language when the proficiency in such subject has been prescribed as a qualification for recruitment as per the procedure of recruitment/ service minute related to a certain post?
No
Whether the certificate of Institute of Workers’ Education can be made applicable for the payment of incentive allowance under P.A. Circular 29/98?
If a certificate has been obtained by following a Diploma in English or a Degree in English medium at the said institute, that certificate can be made applicable for paying incentive allowance.
Whether payment of language allowance to an officer who has been confirmed in Public Service, under P. A. Circular 29/98 should be commenced from the date of appointment or from the date of passing/exempting from the oral examination or from the date requesting the incentive allowance?
The Head of the Department can determine the payment of incentive allowance from the date of appointment, if the officer has fulfilled the written qualification and passed/ been exempted from the oral examination as at the date of appointment, considering the service obtained from the officer in relevant language, irrespective of the date of passing/ exemption from the oral examination.
Whether the officers who have been re-employed in service and have been recruited on contract basis are entitled to incentive allowance under P. A. Circular 29/98 or P. A. Circular 03/2007?
Not entitled
Whether passing General English subject at the G. C. E. (A/L) Examination can be made applicable for payment of incentive allowance under P. A. Circular 29/98?
No
Whether incentive allowance can be obtained under P. A. Circular 03/2007 on the basis of passing the Basic Tamil Course/Higher Tamil Course/ Basic Sinhala Course/ Higher Sinhala Course conducted by the Department of Official Languages?
It is impossible
Disciplinary Activities
Whether retired officers can be engaged in conducting preliminary investigations?
No. An officer who is serving in Public Service should strictly be engaged. However, if it is expected to get a retired officer engaged in an instance where it is necessary, prior approval of the Public service Commission should be obtained.
How many occasions can the Charge sheet, documentary evidence and the List of witnesses be revised?
- The disciplinary authority has power to revise the charge sheet at any number of occasions up to the stage of commencement of the formal disciplinary inquiry as per section14.4, of the chapter XLVIII of volume II of the Establishments code.
- The charge sheet can be revised twice after commencing the formal disciplinary inquiry, in respect of the charges made, as per section 14.6, of the chapter XLVIII of volume II of the Establishments Code.
- Documentary evidence and list of witnesses can be revised twice, after commencing the formal disciplinary inquiry, as per section 14.8, Of the Chapter XLVIII of Volume II of the Establishments Code and such amendments can be authorized by the thousand of inquiry.
Whether the prosecuting officer can include new Documentary Evidence and names of witnesses when Documentary evidence and the List of witnesses are revised?
It is possible
Provisions have been made by Section 14.8 of Chapter XLVIII of Volume II of the Establishments Code.
Whether a written statement made by a witness at the preliminary investigation should be accepted as an evidence in a formal disciplinary inquiry?
If the witness accepts at the formal disciplinary inquiry that a written statement given at the preliminary investigation as per provision in Section 21:13, Chapter XLVIII, Volume II of the Establishments Code on true, it should be accepted as an evidence at the formal disciplinary inquiry.
Whether a recorded telephone conversation or any other conversation of the accused officer, can be produced as an evidence of the prosecution?
Legally there is no barrier to submit the tape. The statement which is said to have been made by the accused can be proved independently by calling the person who recorded that telephone conversation or any other conversation or the person who participated in the conversation as a witness of the inquiry.
Whether a decision can be given terminating the disciplinary inquiry at such occasion where the accused officer dies during the disciplinary inquiry?
Disciplinary inquiry can be terminated. However, at such occasions there is no possibility to determine guilt.
What is the action to be taken on a misconduct committed by an officer whilst in service, which is revealed after retirement?
Disciplinary action cannot be taken against an officer unless such an officer has been retired under Section 12 of the Pension Minute. Therefore action should be taken under general law.
What is the action to be taken to recover the loss caused to the government, if any, when a misconduct committed by an officer whilst in service is revealed after sending him/her on retirement?
If the officer is found guilty of the charges under general law, it is possible to recover the loss caused to the government by the officer from the pension as per provisions in Section 43 (a) of the Pension Minute.
Pension
What is the course of action to be taken when a problematic situation has arisen on the pensionable service due to misplacing of documents in a personal file?
The Head of the Department should appoint an investigation committee consisting of two staff officers as per Section 5:4 of P. A. Circular No: 121 dated 14.06.1973 and make recommendations on the relevant period of service to the Director General of Pensions.
What is the method of calculating twenty years of service of an officer who exercises his option to retire after a service of twenty years?
The gross period of service up to the date on which he completes twenty years of service from the date of appointment can be made applicable. The periods on No pay leave, if any can also be made applicable for the calculation of this period of service.
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.
Allowance for Acting Duty
Whether the allowance paid to an officer for the period of acting should 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?
The allowance should not be recovered.
Whether the payment of allowance for acting duty paid to an officer appointed fulltime to act in a vacant post should be limited to a period of 3 months as per Public Administration Circular 06/97 whenever the period of acting has not been mentioned in the letter of appointment?
Section 12:5:1 or 12:5:2 of Chapter VII of the Establishments Code which is applicable for the payment of allowance to an officer appointed fulltime to act in a vacant post have not been revised by Public Administration Circular No. 06/97 issued revising provisions of Section 12:5:4 of Chapter VII. Therefore, it is not necessary to restrict the allowance for a period of 3 months which is paid under said Sections.
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 is the model that can be used for preparing a scheme of recruitment? How can that be completed?
A scheme of recruitment should be prepared as per the model given in the website of Public Service Commission (www.psc.gov.lk) and the instructions on preparing schemes of recruitment.
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 recommendations should be obtained in the process of approving a scheme of recruitment and who is the authority for approval for the same?
Authorities from whom recommendations should be obtained | : | Director General of Establishments National Salaries and Cadres Commission |
Authority for approval | : | Public Service Commission |
In what manner the schemes of recruitment should be submitted for the approval of the Director General of Establishments?
The scheme of recruitment should be prepared as per the instructions issued by the Public Service Commission and be submitted to the Director General of Establishments by the Ministry, along with the recommendation of the Head of the Department and the Secretary of the relevant Ministry and the other relevant documents.
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
Whether an officer served in a permanent post of Public/ Provincial Public Service before 01.07.2007 should obtain proficiency in other official language in addition to the official language in which he/she joined the Public Service whenever such officer is granted an appointment to a new post after 01.07.2007 on open/limited or merit basis?
Yes. Proficiency in other official language should be obtained at the relevant level as per Public Administration Circulars No. 07/2007 dated 28.04.2007 and 07/2007 (II) dated 13.07.2007.
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 applicable in recruiting persons with disabilities to public service/ provincial public service/ state cooperation/ statutory boards?
Provisions have been made by Public Administration Circulars No. 27/88 and 01/99 to fill 3% of vacancies by differently-abled persons, who possess qualifications prescribed by the scheme of recruitment/ service minute relevant to the applied post and whose disability is not a hindrance for the performance of duties. (when filling the vacancies in such institutions)
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.
What does it mean by the terms “Basic Salary” and “Consolidated Salary”?
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 terms “ Next higher salary step” mentioned in sub section 5:3:1, Chapter 7 of the Establishments Code revised by the P. A. Circular No: 07/2000?
It means the higher salary step falls immediately after the relevant step.
Whether salaries can be prepared in making appointment by competitive examination under limited or merit streams considering such appointment as a promotion?
At the instances where the officer has served in a post, which has been mentioned in service minute or scheme of recruitment relevant to new appointment that holding such post is treated as a qualification for applying for recruitments under limited or merit stream, salaries can be prepared considering such appointment as a promotion.
Whether the provisions in P. A. Circular No: 07/2008 (II) dated 31.10.2011 is applicable for officers who have been absorbed to Special Grade of Sri Lanka Technological Service from Grade I of Middle Level Technical Service, as per P. A. Circular 27/94 dated 25.07.1994?
No. Provisions of the above can be made applicable only for the officers who have been promoted to special grade after implementation of Sri Lanka Technological Service minute.
If an officer, who is serving in an All Island Service or in a post to which equal salary is prescribed, is promoted to Class I on 01.01.2006, how can his/her salary be converted as per P. A. Circular 06/2006 (VII)?
If the officer has satisfied other qualifications as per P. A. Circular No: 06/2006 (VII), three salary increments on the same scale should be granted to the salary step received in relation to class II of a post to which the salary of all island service or equivalent salary has been determined on 31.12.2005 and then the salary should be converted as at 01.01.2006 according to the promotion to grade I.
When an officer promoted a certain post on supernumerary basis is later appointed to the same post on substantive basis, the salary scheme entitled is one and the same. Is there any possibility of providing an additional salary increment by changing the date of salary increment?
If the salary conversion has been made considering it as a promotion when appointment is made on supernumerary basis, additional salary increment cannot be provided. Furthermore, date of promotion on supernumerary basis should be considered as the next date for salary increment.
If an officer retires on the date of salary increment, whether it is possible to prepare his pension granting the salary increment entitled to that date?
If the officer has earned the due salary increment, his/her pension should be prepared granting the relevant salary increment.
What does it mean by the term “Monthly Salary” that should be recovered from an officer who resigned from the post without prior notification?
Only the Basic Salary should be recovered, exclusive of the allowances.
Whether an officer, who has come to the maximum of the salary under the column “If not promoted” in a Grade in between a certain service can be paid further salary increments when he has not completed the service period prescribed for next promotion?
Any officer serving in any post at the maximum of a Grade in between of a post cannot be paid salary increments. further As per Para. 4.5 of Annex 2 of Public Administration Circular No. 06/2006, the matter regarding the payment of further salary increments to an officer serving in a post/ service in which an automatic promotion scheme based on the service period is available as per provisions of the scheme of Recruitment or Service Minute, should be referred to Director General of Establishments, if such officer has earned salary increments only up to the “specific service period” to be completed for obtaining the promotion beyond the maximum of the salary scale. (Specific service period means the period of service applicable for obtaining a promotion automatically under average performance)
What is the methodology to be applied for determining the salary step of an officer promoted to Public Management Assistants Service whilst serving in Class I of a Junior Service if such officer has gone beyond the maximum of the salary scales relevant to the new post?
Action should be taken as per the provisions in Para 4:5 of Annex 02 of P. A. Circular No: 06/2006.
Whether salary increments beyond step 43, which is the maximum salary step as per P. A. Circular No: 06/2006 (v) dated 12.06.2008, can be granted to officers receiving salaries in class I of PL -1, PL-2, PL-3 of which the special grade is so far not implemented?
Salary increment should be granted.
Whether an officer promoted to another post from a post, in which such officer was receiving a higher salary increment than the incremental value of the initial grade of a certain post, (ex: promotion to grade III of Public Management Assistants Service from class I of a Junior Employee Grade) can be granted an adjustment allowance based on the incremental value of the previous post?
It is impossible
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)
What are provisions applicable when appointing ex-servicemen to a post in public service?
Section 95 of the Procedural Rules of Public Service Commission published in the government Gazette of No. 1589/30 dated 20.02.2009 is applicable in this regard.
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”)
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