Khyber Pakhtunkhwa Civil Servant (Amendment) Act 2013-Pension & Gratuity

The Secretary Provincial Assembly of Khyber Pakhtunkhwa has issued Notification No. PA/ Khyber Pakhtunkhwa/Bills/2013/2848 dated 22-01-2013 regarding Civil Servant (Amendment) Act 2013 in connection with Pension and Gratuity. This bill was passed by the Khyber Pakhtunkhwa Provincial Assembly on 15th January 2013 and assented to by the Governor of Khyber Pakhtunkhwa on 17th January 2013. The following amendments have been made in the existing Act No. XVIII of 1973:

Pension & Gratuity: 1- On retirement from service, a civil servant shall be entitled to receive such pension or gratuity as may be prescribed.

2-     In the event of death of a civil servant, whether before or after retirement, his family shall be entitled to receive such pension or gratuity or both as may be prescribed.

3-     No Pension shall be admissible to a civil servant who is dismissed or removed from service for reasons of discipline, but Govt may sanction compassionate allowance to such civil servant not exceeding two-third of the pension or gratuity which would have been admissible to him had he been invalided from service on the date of such dismissal or removal.

4-     If the determination of the amount of Pension or Gratuity admissible to a civil servant is delayed beyond one month of the date of his retirement or death, he or his family, as the case may be, shall be paid provisionally such anticipatory pension or gratuity as may be determined by the prescribed authority according to the length of service of the civil servant which qualifies for pension or gratuity, and any over payment on such provisional pension shall be adjusted against the amount of pension or gratuity finally determined as payable to such civil servant or his family.

Provided that those who are appointed in the prescribed manner to a service or post on or after the 1st July 2001 till 23rd July 2005 on contract basis shall be deemed to have been appointed on regular basis.

Provided further, that the amount of Contributory Provident Fund subscribed by the civil servant shall be transferred to his General Provident Fund.

5-     In case any difficulty arises in giving effect to any of the provisions of his section, the Secretary to Government Establishment Department shall constitute a committee comprising of the Secretary to Government, Finance Department, Secretary to Govt Law Department and Accountant General Khyber Pakhtunkhwa for removal of the difficulty. (A Post by Sher Nawab Khan).

 

Civil Servants Act KPK KPK Rule

 

 

 

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49 Responses to “Khyber Pakhtunkhwa Civil Servant (Amendment) Act 2013-Pension & Gratuity”

  1. muhammad sabir says:

    Mam shumaila kamal. Assalamoalakum

    I am very found of your legal experties and always like your comments.

    I have a problem hopefully you will solve it fore.

    We have 2 posts of office superintendent b 17
    vacant which need s to be filled by way of 100
    % promotion. But the problem is office assistant
    B 16 who on is on top of the seniority list is
    basically working against the post of head
    nurse b 17 means adjusted against the said
    post for the purpose of pay.
    Can he be promoted to higher grade of
    supdt b 17 under the rules. Total contenders
    are 7 rest people are working against there
    original posts.

    Please do quote rules because its somebody future.
    I shall be really thankful.

    Muhammad sabir
    LR hospital KPK.

    • Dear Muhammad Sabir the person who is working against the post must have its original post anywhere. The promotion can be made and then the adjustment be done again.

  2. Khalid Khan says:

    Dear Shumaila Kamal, We are two brothers and are having a step mother. I am living separability from my brother and step mother since 2002. My father was a servant in Irrigation Deptt and he died during service. Can I get share in pension and graduty, as my brother is not giving me any share.

  3. Ahmad says:

    Congratulations to the civil servants of Pakhtunkhwa and thanks to the previous members of provincial assembly for having great job for the poor people of the province. Is there any one who can confirm that the same act is applicable to the employees of public sector universities in the province as well or not?

  4. muhammad javed says:

    Kpk civil servat amendment act 2013,applicable on the services of elementry teachet working in the working folks grammar school under the secretary worker welfare board kpk peshawar.(labour department govt.of kpk)

  5. Asmat says:

    miss u can downlaod new notification from kyber pakhtunkhwa finance division website....

  6. Asmat says:

    send me ur email address... dear shumaila....

  7. Asmat says:

    i have new notification of civil servant act 2013, in which it has been clarified that all the civil servants appointed to a service or post on or after 1 July 2001 shall be deemed to have been appointed on regular bases and will be eligible for pension/deduction of G.P Fund....

  8. Syed Asad Shah says:

    bohat afsos hay finance department kpk per.pore sobe ke cp fund molazmin ko gp fund may convert kaer dia magar sobe ke bare bare hosptalo(LRH,KTH,HMC ,MMC,AMC) KE MOLAZMIN KO PENSION KA HAQ NAHI DIA GIA. YE KIS SYSTEM KE TEHT CP FUND KA NIZAM JARI RAKE GA? JABM SOBE SE CP FUND KA QANOON HI KHATAM KER DIA GIA.

  9. dr amjad says:

    dear mam.if possible clarify this thing.
    we doctors appointed on contract basis firstly in 2002 for 01 year then yearly renewl.then i thing in 2004 we passed public service commission.in our seniority list our date of appointment is written as 23.7.2005 and mode of app psc.
    question is under this pension act of 2013 from which date our services will be counted permanant i.e from 2002--2004 or written n seniority list 23.7.2005. thanx a lot

  10. Sha says:

    Notification ko ghor se parho.

    darasal MMA govt ke doran tamam appointments 3 years contract per hoti then. bad men ye policy khatam ho gai.
    is notification k mutabiq 2001 se 2005 ke darmian wo log jo contract pe the wo reular huwe to in ko b ye haq malen ge.

  11. Shahid Tanoli says:

    It is confirm as seen in notification that employee apointed till 2005 will considered regular. khuda k bando jab neki karni he thi to sab k sath karty. itni duain kar kar k ye kam huha aur huha b to adha had hey. please yara till date sab ko regularized karo

  12. wajid says:

    plz help me k agar sb govt servent of kpk regular han to fr yeh notifacation main 2005 tak ko specific kewn keya ha and all kewn nhe likha

  13. Shamin Ali says:

    salam. plz rply for few coming ambguities.1 conversion of cp funds into gp funds will be total balance of cp or employes amount, 2. if total than profit possible on it annualy as two benefits not allowed.3 if employees amount than missing period" deduction start in 2005 even from 2003, the amunt difference as for 17 more than 2000 while cp fund is 1249. thanks

  14. Farooq. Sarwar says:

    Salam to all Employees

    Kindly any body have the notification about Assistant Programer BPS-16 upgraded to Programmer BPS-17 in any province ? Cause in some department computer programmer are working in BPS-16 while in other BPS-17, for example in all educational Board in KPK A.P BPS-16 has been upgraded to BPS-17 while in other departments A.Ps are still working in BPS-16. Why this differences ? Have any body posses such notification please share or comment ....

    With Best Regards

  15. Ali haidar says:

    Salam to my dear sis shumaila g. And al gov empl0ys.yes Abdul akbr khan has clear the mis cncpt of cpf and gpf issue. . .its f0r al g0v emplys. . .and f0r mam shumaila , v r n0t banned to eat swet,so f u r snding swets so plz kep remembr me n tht. . .my new email adres is alihaidarpst@yahoo.com

  16. azmat ullah khan SST KPK says:

    Salam, Akher kaar abdul akbar khan saheb ne clear kr hi dia k pension right sb ko milega. any how thnx Allah, thnx abdul akbar khan and thnx profesr Azaz (president of Pension Deprived Employees Asociation) and also thnx Shumaila kamal for their good job, nd congrats to all employees of kpk.

  17. Syed Asad Shah says:

    I personally appreciated your kind efforts for the betterment of the govt employees. we all are with u. we are employees of Health department of KP. We want to draw ur kind attention to the autonomy of govt Teaching hospitals. This is a wrong policy, its not in the favor of the hospitals as well the patients. The govt should finish its autonomous status. these should be run by the govt itself. the benefits of these hospitals are for only those people who have some power and have some political influence. We will in touch in Shah Allah

  18. Atif says:

    AOA.Salam to all.The purpose of the bill is to vanish the cp fund policy and to restore pension and grativity for all civil servants of kpk.So no question of not given right of pension and grativity to servants employed after 2005.

  19. AZMAT ULLAH KHAN SST says:

    Salam and thnx Shumaila kamal k aap ne Govt servents ki Khidmat ka bojh sr pe Utha rakha he. Sb se pehli bat jo is act me drj he wo yahi he k "on retirement A CIVIL SERVANT shall b intitled" iska mtlb sary mulazmin hen, baqi to jb finance waly notification jari kr lengy tbhi pta chalega

  20. Amir Zeb says:

    WE Do not know but the Govt KPK Should give us the right of Pension and gratuity as we are appointed after 23rd July 2005. other wise we will protest for our right.

  21. Ali haidar says:

    Thanx f0r dis shumaila.bt i thnk saifu lala is rite c0z i hav also recv the same newz that til to the date emply hav the rights.a msg 4rm sectriats shows that emply til to 2013 hav gvn pensi0n

  22. irshad khan says:

    AoA

    Dear it is an amendment in civil servant act 1973 section 19. which was amended in 2005 by the MMA govt and deprived the civil servants of some selected departments from pension and gratuity . Now in my own opinion since it is an act so i think its for all the civil servant of KPK.

    regards

    irshad khan

  23. MUSTAFA SHAH says:

    THANX
    MISS SHUMAILA KAMAL
    AND
    SAIFOO LALA SB
    FOR GIVING US SO PRECIOUS INFORMATION..
    KINDLY INFORM US ABOUT THE RECENT POSITION OF THE BILL THAT IT HAS BEEN PASSED OR NOT YET FROM THE GOVERNOR KPK??
    AND FINANCE DEPTT KPK ISSUE ANY LETTER REGARDING THIS BILL OR NOT????
    REGARDS
    MUSTAFA SHAH

  24. hamid hussain says:

    aoa to all.

    dears this new bill clearly shows that pension etc has been given to all kpk govt employes. dnt tense your self.the new appointee shall also take pension benefit.

    a question for mam shumaila
    judges salaries have been increased by 20%.
    do this govt has interest to increase salaries of other depts too or they are just benefiting influential depts only.
    thanks

  25. Asmat says:

    For fUrther nEws plzz Read 30 jan Aaj newspaper...

  26. thanks says:

    i think thos appointed till july 2005 shall be considered regularized, and pension and graduity to all provincial employees.

  27. MUSTAFA SHAH says:

    AOA

    DEAR I AM WORKING IN KPK GOVT SERVICE SINCE 2007....
    DEAR IN THIS NEW SAID BILL OF PENSION AND GRADUITY THE RIGHT OF PENSION AND GRADUITY IS GIVEN ONLY TO THE EMPLOYEES APOINTED BEFORE JULY 2005....
    NO I WANT TO ASK THAT WHY PENSION AND GRADUITY RIGHTS IS NOT FOR ALL GOVT EMPLOYEES TILL 2013....WHY GOVT IS NOT GIVING US THE RIGHT OF PENSION AND RADUITY????
    REGARDS
    MUSTAFA SHAH
    MED
    MBA
    LLB

  28. Hasnain Khan says:

    whats will be the status of employees appointed on contract basis after july 2005 , did they will recieve the the facilities also

    • saifu lala says:

      miss shumaila kamal u r wrong i think,i confirm from the mover of the said bill israr ullah gandapur he said that this bill will b applicable for all employees till date.not only for upto 2005..so plzz employees after 2005 don,t worry..ok.thnx.saifu lala marwat WAHDAT ASATEZA DIK

      • Dear I am not wrong according to the notification issued. If it will be applicable for all employees then there must be issue amendment in the notification. I only say that the notification says.

    • hasnain khan says:

      we are appointed on rules ammended on july 23, 2005 as these rules are now further ammended to its orignal forms of chapter 19 section two of 1973

      • Atif khattak says:

        AOA,Salam to all .Miss you are creating tension in mind of all civil servant appointed after july 2005.According to the notification ,those who were appointed on contract basis from 2001 to 2005 have been regularized with the benifit of pension and gratuity.All those who have been appointed after 2005 or be appointed in the future will have the right of pension and grativity.So plez be careful using social media as your personal openion is creating disheartedness in the mind of civil servants of kpk. The cp and contact policy has been vanished through this amendment.which is the sole purpose of the bill.So cheer up all civil servant of kpk.Miss is totally wrong.If in doubt .she should verify from law reform commity and from the assembly infomation cell.I have verified it from the kpk assembly officials.

        • Dear I have written in mine article that is written in the Notification. I not write anything that is not in the notification. The meanings of the notification u can understand.

          • Atif says:

            Salam.Dear,according to the notification all civil servants will have the right of pension and gratvity and Cp policy has been changed into Gp fund and pension policy.These are the main clause of this bill and act.So no question of deprivation from pension for servants appointed after 2005.The main purpose of the bill was to bring uniformity among all the civil servants of Kpk in respect of pension and other rights.The law implemented by MMA was discriminantery and has been vanished.So plez think over it.Why ANP will regularize those who were appointed by MMA upto 2005 and not regularizing those appoined by ANP themseleves.So it does not make any
            sense that the bill will give right of pension to those appointed upto 2005.Instead MMA will be sorry for passing that act of deprivation from pension if they have any sense of feeling the problems of civil servants.

          • Syed Asad Shah says:

            Asalomoalaikum. hope u will fine. Mr. Abdul akbar Khan MPA(who presented this bill in assembly) says that this bill for all employees not only for till 2005, and he further added that the system of CP fund is completely finished from the province. (you can see this statement in yesterday daily "AAJ" on 3rd page.(08-02-2013).

          • Atif says:

            A.A.Miss from the statement of Abdul Akbar Khan in daily Aaj,it should be clear to you that pension and gratvity has been restored for all servants of kpk without any condition of date of appointment.So now you should give us treat in shape of sweet of Shereen Mahal peshawar,Any how you are doing good work for employees of kpk.Congratulation to all of you.Thanks and regards.

          • Congratulations to all KPK employees. And Thanks Atif Too. Dr has banned on sweet dish. hahaha

          • Atif says:

            Salam G.Cong again to all and thanks alot for reply.Sweet tho apko dina hoga chahe is ki waja se hamary jaan chali jaye.God bless you.Sweet hum apko DI kkhan ka khilayinge.ap fikr n karo.Ok .G.thanks

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