public officers nearing retirement age and having been serving higher positions for prolonged periods, he wi…
(No. A/38) Dr. S. Prayag (First Member for Piton & Rivière du Rempart) asked the Minister of Public Service and Administrative Reforms whether, in regard to public officers nearing retirement age and having been serving higher positions for prolonged periods, he will state whether – (a) consideration is being given for the promotion thereof prior to retirement and, if so, indicate the modalities applicable therefor, and (b) any review is being envisaged to ensure fairness in the career progression thereof.
Reply: I wish to inform the House that appointment and promotion to higher posts in the Public Service is vested in the Public Service Commission by virtue of Section 89 of the Constitution. Promotions are effected by the Service Commissions, subject to vacancies existing in the grade concerned, availability of funds, the prescribed qualifications and experience as laid down in the relevant Scheme of Service, satisfactory performance and conduct of the officer to be promoted as well as the recommendation of the Responsible Officer. In this regard, regulation 14 of the Public Service Commission Regulations provides that, in exercising its powers of appointment or promotion, the Commission shall have regard to merit, qualifications, experience and suitability before seniority, with due consideration to the maintenance of a high standard of efficiency in the Public Service. In line with regulation 19 of the Public Service Commission Regulations, it is the responsibility of the Responsible Officer of a Ministry/Department concerned to report to the Commission any existing vacant post on the establishment of his Ministry and to make recommendations on the manner in which the vacancy should be filled. Where the Responsible Officer is unable to recommend that the vacancy should be filled immediately, he is required to inform the Secretary, Public Service Commission and state the reasons therefor and the temporary arrangements he is making for the performance of the duties of the vacant office. Acting appointments are normally resorted to in such cases especially where substantive holders are on prolonged leave. Age factor is not a criteria for the promotion of Public Officers to higher posts in the Public Service. Promotion can only be made in line with the qualifications prescribed in the relevant Scheme of Service. In this respect, my Ministry is closely following up with all Ministries/Departments to ensure that Schemes of Service are kept updated and are reviewed/amended at the earliest to ensure the timely filling of vacancies. I may further wish to inform the House that Schemes of Service governing promotion in the Public Service are prescribed under regulation 15 of the Public Service Commission Regulations. The Pay Research Bureau Report further provides for two types of promotion, namely class-to-class promotion and grade-to-grade promotion. Class-to-class promotion is invariably made on the basis of selection through a competitive examination, an interview or a combination of both, whereas grade-to-grade promotion is made either strictly on the basis of seniority ranking of the officer or by selection from among serving officers. Accordingly, promotion cannot be granted solely on the basis that an officer is nearing retirement age or has acted in a higher position for a prolonged period. Besides, all letters appointing officers to act in a higher capacity clearly specify that the acting appointment does not give the incumbent any claim to permanent appointment in the higher capacity. Nevertheless, where an officer has been assigned the duties of a higher office and, for any reason, he cannot be promoted to the higher office by the appropriate Service Commission, and he retires or is subsequently reverted to his substantive office, his pension benefits are computed on the basis of the annual pensionable emoluments attached to the higher office, subject to the following criteria – (a) he has performed the duties of the higher office for a continuous period of at least 2 years or an aggregate period of at least 2 years within a period of 3 years; (b) he has not been reverted to his substantive office on ground of inefficiency or misconduct or at his own request, and (c) at the time of retirement or reversion, he has performed the duties of the higher office and reached the age of 55. As regards part (b), I wish to inform the House that, any review of the modalities for promotion of Public Officers in the Public Service rests with the appropriate Service Commissions in line with their Constitutional prerogatives. CERTIFICATE OF CHARACTER ACT 2026 – IMPLEMENTATION – TRANSITIONAL ARRANGEMENTS