(၂) ဝန်ထမ်းခန့်ထားခြင်းဆိုင်ရာသတ်မှတ်ချက်များ

Chapter II
Specifications for the Appointment of Service Personnel

4. In appointing service personnel to a post in the set-up:
(a) the position shall be permanently vacant;
(b) more than one service personnel shall not be appointed at the same time;
(c) a service personnel shall not be appointed to a post in which another service personnel holds a lien;
(d) the service personnel shall attain the age of 18;
(e) if the person is an outsider, medical certificate of fitness shall be submitted.

5. The service personnel appointed under the rule 4 shall:
(a) serve full-time for the interests of the State if necessary;
(b) perform other necessary duties, if assigned, in addition to the original duty.

6. A service personnel who is appointed with a confirmation is:
(a) entitled to enjoy the specified pay and allowances from the commencing date on which the service personnel performs his duties;
(b) entitled to enjoy the pay for the post to which the service personnel is promoted, while on foreign service or on study leave in a foreign country, from the commencing date of promotion;
(c) entitled to enjoy the pay for the post to which the service personnel is promoted, while on deputation with the external service regulations in or out of the country, only when he returns to service in the parent department at the end of deputation.

7. A service personnel’s lien is retained during the following periods:
(a) the period on full time service in a permanent post;
(b) the period on study leave in or out of the country with the permission of the department;
(c) the period on service in another post to which the service personnel is transferred temporarily;
(d) the period on deputation with external service regulations in or out of the country;
(e) joining time temporary transferring from one post to another;
(f) leave period;
(g) period of temporary suspension from duties.

8. When a service personnel acquires a new lien on a post, the lien on the previous post is automatically terminated from the date of such lien is acquired.

9. A service personnel may be appointed to the post on which a lien of another service personnel is terminated. That newly appointed service personnel may acquire the lien on the post. However, if the previous service personnel is reappointed in that post, the new service personnel shall give up the lien.

10. If a service personnel is temporarily transferred to a lower rank post for a certain period as a penalty, such service personnel may hold the lien of his original post and may not hold the lien of the lower rank post.

11. A service personnel shall not be transferred to a lower rank post for any reasons except under the following circumstances:
(a) the service personnel is incompetent;
(b) there are sufficient evidences of his misconduct;
(c) the service personnel himself requests in writing to transfer to a lower rank post.
Explanation

(i) The expression ‘transfer to a lower rank post’ does not apply to the appointment of a service personnel to another post on account of the abolition of his or her post.

(ii) The expression ‘transfer to a lower rank post’ does not apply to the temporary transfer of a service personnel to a lower rank post for a certain period as a form of disciplinary penalty.

12. A service personnel is automatically removed from service commencing from the date immediately after the date of continuous absence from work for five years either on leave or without leave except that he performs duties on deputation with the external service regulations.

13. The Union Civil Service Board may nullify the automatic removal of a service personnel according to the rule 12 on presumption that there are sufficient reasons for that. This rule does not apply to the service personnel who is absent from work because of temporary suspension.