The civil service is a collective term for a sector of government composed mainly of career bureaucrats hired on professional merit rather than appointed or elected, whose institutional tenure typically survives transitions of political leadership. A civil servant or public servant is a person so employed in the public sector employed for a government department or agency. Civil (or public) servants work for government departments, and answer to the government, not a political party. The extent of civil servants of a state as part of the “civil service” varies from country to country.

The civil service is known as the permanent government where a group of selected personnel help the government of the day in implementing the policies formulated and in delivery of public service.The selected burecrats may have different political faith but they never demonstrate this in carrying out their assigned duties. With the institutionalization of federal system in Nepal,the centrally appointed civil servant are adjusted in three layer of government from centre to local level. There is dire need of new Civil Service Act as a patron act to guide the federal,provincial and local level public servant.The government felt the necessity of a federal civil service Act to be formulated as the earliest possible and it was under discussion for long time in state affairs committee and finally draft has been passed by majority amid a disagreement many members and the sitting Minister. The provision in the Act furiated the public servant as there has been many such provisions to curtail the monetary and non monetary benefits which were guarenteed by previous Act. Trade union right,Internal competition, promotional provision, age bar for open competition and provision civil servant adjusted on provincial and local level are some of the discriminatory provision compelled the civil servant to go with the various kinds of protest .

Some of the provisions have adverse effects on the total civil servant and it may demotivate the young ,energetic,innovative and result oriented manpower within the services and those aspiring to be civil servant and work for the cause of nation. There may arise danger situation that it further may encourage the bettemind to leave the nation in search of better opportunity.

It has been felt that the attraction towards the job in civil service has been increasing due to its permananency,security ,opportunity of promotion and hope for reaching to the policy making stage of the nation in recent days. Many talented youths see their future and workhard to enter in civil service proving wrong that civil service is the collection of regected brain. The proposed act and the provision of fulfillment of vacant post has almost discourage many aspiring candidates from Nayabsubba To The Undersecretary, it is because there is neither interrnal examination nor satisfactory provision of other promotional door.The provision of open competion in Undersecretary And Joint Secretary is against natural justice. A 35 year aspiring candidate enters in civil service ,after 5 years becomes eligible to attend examination of Undersecretary and he/she becomes forty than he/she is not eligible to attend the examination because of 40 years . Is this justifiable and his previous service is also not counted? Can we imagine this kind of provision help to retain the better and able manpower an asset of organaisation? A million dollar question to our parliamentarians drafting and agreeing on such provisions? This is against the right of equality and right of employment as guarenteed by constitution.

Secondly ,the curtail of trade union rights is another regressive step.The participation of Nepali Civil Servant during both democratic movement and repubican set up is recognized and this right has been introduced. If this has created problem ,solution can be soughted within it improving the demerits . It is necessary of course to resist overpoliticisation in the bureacracy but not curtailing the rights but developing the cultured system.

Thirdly, the specilized cluster and provision in the appointment of secretary in case of Nepal Foreign Service is also faulty. Foreign service is technical in its natue and appointment from outside the service itself is not justifiable in terms of experience ,knowledge ,skill and career path of cadre inside it.It only opens the door for the government to promote the nepotism,favoritism during the transfer of secretary. etc.

The another provision on the personnel adjusted in provincial and local level,there is no provision that there transfer can be done in federal office even if the vacancy lies there. The provisison on Intra-leval examination for promotion is also not suitable due to need of 10 years in the adjusted level.

Similarly ,the provision on promotion of Nayabsubba has upset around 35 thousand of them ,since the provison never let them to ride on the career.Without reconizing that they are always in the frontline during public service delivery,the parliamentarians agreed in such provision.

The constitutions has clear provision that our federlism is based on coordination,cooperation and harmonious relationship of all three tiers ,the chief secretary and secretary in provincial level and administrative officer and account officer should be deployed from the federal level.They can work as a bridge for three level .Otherwise ,the spirit of constitution cannot be put into action.

Thus,there are many provisions mostly demotivate the personnel in the service and aspiring candidate. This may create a gap between organistion objectives and performance of the civil servant which ultimately affects in public service delivery. It is never late to correct such shortcomings than repent later. As his act should guide the oveall administration of the nation, it should both address the problem seen in Nepalese Bureucracy and the need to retain bettermind for better result.

It is high time that a greater attention to be paid on how to retain skilled manpower within the services and attract them inside the organisation.Among all,human powers is the most important to mobilize the other power ie material,machine ,money etc.

Since, there has been many ways to modify and draft the act with incorporating best practices in international level which helps in motivating ,hardworking and result oriented people in civil service to provide better public service and helps to keep the best mind here and stopping braindrain.Promotional chance,lateral entry upto Joint secretary level,Trade Union Right,internal examination etc should be introduced in line with the existing act and making improvement.Law makers should not have preoccupied opinion that public servant are blameworthy for entire malafide in bureacracy, politician are equally responsible as they try all means to fulfii their interest in the past. There is alternative of public servant is only better,motivating and result-oriented public servant. The need of the hour is seeking the result rather than the word. Our politicians and lawmakers are well known about this very fact and definitely will not work in shortsightedness.

(Mr Marasini holds master degree in English literature and public Administration with degree in law. A government lawyer,currently works in office of the high attorney ,Butwal.Above are the views expressed individually and does not represent the organisatiion and position.)