2019 LHC 3265 Judgment of Punjab Civil Servants

2019 LHC 3265 Judgment: Letter dated 26.01.2008 issued by the Government of the Punjab, Services & General Administration Department(Regulations Wing), Lahore, whereby all the authorities were directed to provide posts in BS-1 to BS-5 and Junior Clerks (BS-7) under Rule 17-A of Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, to a child or widow/wife of a Government servant who dies while in service or is declared invalidated/incapacitated for further service, on a contract basis. This letter was remained in force keeping in view the prevailing contract policy of the Government for new employment.

There was wisdom of its enforcement at the relevant time because the then Government transformed the whole scheme of recruitment from regular to contract. But in 2009 vide a letter dated 14th October, 2009 Government decided to regularize the contract employees inasmuch as prohibition on regular recruitment was also not imposed, whereas significantly in the case of employment under Rule 17-A of the Rules, 1974, which stipulates its insertion to accommodate the bereaved family, not for a certain period but permanently condoning all the formalities and straightaway induction subject to fulfilment of qualifications is not being implemented in its true perspective on account of this impugned letter.

Writ Petition No.51484/2019. -2- This Court, in the case of Ali Ahmad v. Executive District Education Officer, Sialkot and another (2014 PLC (C.S.) 793, has already held as under:- “Even otherwise, when the appointment was made under Rule 17-A of the Punjab Civil Servants (Appointments and Conditions of Service) Rules, 1974, we have to restrict ourselves to the terms and conditions provided in the relevant rules. By going through the whole of the scheme provided in the said rules, the appointment on contract basis is alien to such scheme of law provided under the said rules, particularly, Rules 3 and 7 thereof, which talk about the initial recruitment, the appointment on acting charge basis, or appointment on current charge basis, the appointment by promotion on officiating basis etc.,

but nowhere, in whole of the said scheme, the Authority has been made competent to appoint any person on contract basis.” Mst. Rabia Mahboob v. Deputy Commissioner, Bahawalpur and 4 others (PLJ 2019 Lahore (Note) 25, is also referred, relevant portion whereof is as under:- “The plea of the learned Law Officer that as appointment against all seats are being made under contract policy petitioner cannot claim for his induction on regular basis cannot be given any weightage for the reason that no policy can be framed in violation of the parent stature or rules made thereunder.” Download Judgment

Ch Muhammad Shahid Bhalli Advocate

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