MULTAN: The Services and General Administration Department, Punjab has directed the administrative departments to regularise the services of all in-service employees who were recruited under Rule 17-A of the Punjab Servants (Appointment and Condition of Service) Rules, 1974 from the date of their initial recruitment/date of induction into government service, Dawn has learnt.
According to a notification issued on Tuesday, Section Officer (Reg-III) S&GAD Dilawar Hussain stated that through a circular issued on Sept 29, 2019, the services of all the employees appointed in terms of Rule 17-A of the Punjab Servants (Appointment and Condition of Service) Rules, 1974 were allowed to be made regular from the date of their initial appointments.
The decision applies to those recruited under Rule 17-A
“It was in the letter that in future all the appointments shall be made on a regular basis. Accordingly, it was construed that the said direction was to be implemented prospectively. However, that viewpoint was challenged in the Lahore High Court, Lahore. The honourable court viewed that the employees inducted on contract basis in terms of Rule 17-A ibid should be deemed regular employees with effect from the dates of their initial appointments,” reads the circular the copies of which were dispatched to the secretaries to governor and chief minister, senior member board of revenue, registrar LHC, all administrative secretaries of the province, the commissioners, the chairman Chief Minister’s Inspection Team and heads of all attached departments in the province.
It stated while keeping in view the orders passed by the LHC on Oct 15, 2020, the regulations wing of the S&GAD initiated a summary for the chief minister on Oct 21 with the view that a circular letter be issued with the direction to the departments to regularise the services of contract employees recruited under Rule 17-A of the Punjab Servants (Appointment and Condition of Service) Rules, 1974 from the date of their initial appointment/induction into government service.
“However, on the direction of Chief Minister, Punjab the matter was placed before the provincial cabinet which in its 39thmeeting held on Dec 17, 2020, considered the issue and decided that the cabinet considered and approved the regularization of contract employees recruited under Rule 17-A of the Punjab Servants (Appointment and Condition of Service) Rules, 1974 from the date their appointment/induction into government service, as per judgment of LHC subject to recovery of 30 per cent social security benefit according to the mechanism framed finance department,” the letter added.
He stated that all the administrative departments were requested to regularise the services of in-service contract employees.
Rule 17-A states ‘notwithstanding anything contained in any rule to the contrary, whenever a Civil Servant dies while in service any one of his unemployed children may he employed by the Appointing Authority against a post to he filled under rules 6 and 17 for which he possesses the prescribed qualifications and experience and such child may be given 10 additional marks in the aggregate by the Public Service Commission or by the appropriate Selection Board or Committee, provided he otherwise qualifies in the test, examination and/or interview’.
The Rule 6 determined the competent authorities for appointments according to which the CM has authority to appoint BPS-19 and above employees, the employees with BPS-18, will be appointed by the CM for posts included in Schedule IV of Punjab Government Rules of Business, 1974 and the administrative secretaries concerned in other cases, appointment against BPS-16-17 will be done by administrative secretaries and respective authorities exercising, such powers immediately before the commencement of these rules or such authorities as may hereafter he empowered will have authority to appoint employees from BPS-1 to BPS-16.
Published in Dawn, January 20th, 2021