Public service advertisement in Far West sparks controversy over legal compliance

Dhangadhi: A notice issued by the Public Service Commission of Far West Province on Falgun 20 for the promotion of provincial civil servants has sparked controversy.

The notice, which states that promotions for technical and non-technical ninth-level Provincial Civil Service officers will be conducted based on seniority, performance evaluation, and efficiency assessment, has drawn criticism for allegedly bypassing legal provisions.

The Far West Province Civil Service Act, certified on Bhadra 11, 2079 BS, includes a clause stipulating that any amendment or change to promotion-related provisions will only take effect one year after its implementation. Section 45 of the Act explicitly states: "Any amendment or change in the provision related to promotion made in this Act or the rules made thereunder will be effective only from the date of one year after such amendment or change."

Despite the Act’s delayed implementation, amendments were made before it was enforced. The amended bill introduced several changes, including the addition of the Provincial Judicial Service and modifications to the assistant-level fourth tier. Additionally, Section 6, which listed service posts, was removed, and substantial alterations were made to Section 9 (post-filling) and Section 29 (promotion), affecting the promotion criteria for provincial civil servants.

While the revised promotion section stipulates that changes take effect only after one year, employees in the accounting group allege that the Public Service Commission violated this provision by proceeding with the advertisement.

"The Public Service Commission does not appear to have adhered to the amendment provision. The advertisement should either be amended or canceled," said Accounting Officer Krishna Bahadur Shahi.

The Public Service Commission issued a notice on Falgun 20, promoting:
1.7 individuals from general administration and 1 from revenue in the non-technical sector based on seniority and performance evaluation.
2.7 individuals from general administration and 1 from revenue in the technical sector based on performance evaluation.
3.35 individuals in 30 technical posts through seniority and performance evaluation.
5.50 individuals in 49 technical posts based on performance evaluation.

However, the original Act mandates a one-year delay before implementing changes in promotion provisions. The amended Act was published in the Gazette on Bhadra 13, 2081, meaning promotion notices should only be issued after one year. Yet, the Public Service Commission advertised for these positions earlier than permitted, leading to allegations of procedural violations.

Employees claim the Provincial Civil Service Act regulations were amended to benefit a specific group of junior employees, and the advertisement was issued accordingly. Amid their protests over the suspension of salaries, facilities, and services for government officials—including the Chief Minister, Ministers, and MPs—employees have demanded the cancellation and reissuance of the advertisement.

The accounting officers have called for the matter to be referred back to the association for resolution. However, Public Service Commission Chairman Yagyaraj Bohara defended the decision, stating that the advertisement was issued after considering all necessary legal arrangements.