Last Updated on October 12, 2020 by Ilmilog Guru
Annual Increment Seniority and Initial Appointment Regularization of Teachers. This is a Notification School Education Department for Punjab Teachers 2020. SO (SE-1, 1-184/2013(P) has issued on 07 October 2020. The Punjab govt. the school education department has issued this notification.
This notification in detail is as under,
WHEREAS, Deputy Secretary (Welfare) to Additional Chief Sec, forwarded the various application the officers of BS17 & BS18 (Male or Female). The services had regularized under the Punjab Regularization of Service Act. 2018 & Punjab Regularization of Service (Amendment) Act. 2019 dated 13.12.2019. So, it has directed the department with the necessary action under rules/ policy.
Detail of Initial Appointment in Notification of School Education Department:
AND WHEREAS, the appeals received from the Additio. Chief Secretary, has bifurcated into categories. The first category comprises the appeals. officers male & Female). Whose services have regularized under the Punjab Regularization of a Seniec 2018 & the Punjab Regularization of Service (Amendment) Act, 2019 dated 13.11.2019?
They claim that their services should have regularised with effect from the date of joining of initial appointment instead of with immediate effect.
The second category consists of. appeals to the officers whose services have regularized in. light the Act ibid but not along with their batch. match due to the late reporting of the cases from lower formation or due to the deficiency. The appeals related to the first category envisage the following grounds:
Notification School Education Department Appeals First Category Grounds:
contract policy 2004:
a) The contract policy 2004 states that BS-16 & above grades selected through PPSC would be on regular basis.
Punjab Service Tribunal:
b) The Punjab Service Tribunal has given its decision in 2018 to regularize the services of Educators from their initial date of joining. The decision may also be extended to the headmaster /deputy headmaster (BS-17) too.
Lahore High Court:
c) On 01.11.2019 the Lahore High Court, Lahore directed the secretary school Education Department to pass an order for regularization of the Educators (B.Com) from their initial appointment date within one month. It may also be extended to the headmaster /deputy headmaster (BS-17) too.
d) In another writ petition dated 0112.2019, the Lathe High Coin, Lahore directed the School Education Department to implement the decision 00 110 Punjab Service Tribunal regarding pay protection of Educators within two weeks.
e) lit KPK Province and federal Directorate of Education, Islamabad. all teachers are regularized from their initial date of appointment.
f) Over and above, the Higher Education Department Punjab recruits Lecturers and Assistant Professors on regular basis.
g) The Supreme Court also gave the decision to abolish contract recruitment in the Education Department.
Regularized from the initial date of appointment:
h) In S &GAD, many employees have been regularized from their initial date of appointment. 08 junior clerk in S &GAD has been regularized from their initial date of appointment vide No. SOP-II(S&GAD) 14(2649)/09 dated 19.09.2019 by Add). Secretary (Admin) S &GAD.
i) That No. 3 of terms and conditions of the order of regularization has reproduced as under;
Pay Protection of Contract Employees:
A contract employee, on regularization, shall be adjusted on the initial stage of the respective pay scale and increments earned by him during contract appointment shall be converted into personal allowance, but no other privilege allowed to contract employee shall be admissible” This section of terms & conditions is prejudicial to As basic rights of the appellant.
j) That the appellant was serving as PST (BS-14), EST (BS-15), or SST (BS-16) in the Education Department on regular basis. They applied through proper channel for the post of Headmaster through Punjab Public Service Commission.
k) The appellant duly relieved from their previous place of posting / PST (BS-14), EST (BS-15), or SST (BS-16) and assumed the charge of the post of Headmaster.
l) After the regularization, the pay has b.n adjusted on the initial stage of the respective pay scale which caused a heavy loss to them.
Regularization of Contract Service:
3. WHEREAS, the Section Officer (ERB), Regulations Wing of S&GAD vide letter No.S0 (ERB)5-23/2018/SED dated 02.08.2018 has advised that under the existing policy regarding regularization of contract service as well as Punjab Regularization of Service Act. 2018. regularization is with immediate effect”. In the light of above said advice, the department had already made a decision on the issue similar in nature, vide No SO (SE-I) 1-12312018. dated 29.09.2018. in a writ petition No.205685/2018 in the Horrible Lahore high Court. Lahore filed by Mr. Muhammad Shalique S/o Ch. Muhammad Baldish, Senior Headmaster ((BS-18). The government Farooqi Islamia High School Baghbanpura Lahore, arid their representation has rejected the department.
Loss of Seniority and Annual Increment:
WHEREAS. The stance adopted in this appeals related to the second category is that the orders of regularization of officers of 11,17 ISS-18,1ale & Female) mere not issued along with their ban:km: ales. The delay in regularization order caused the loss of seniority and annual increment which was due in December.
WHEREAS, the factual position under these rules, the policy of the seniority of the officers recruited through PPSC, has not affected whether the officers have regularized,d earlier or later. The PPSC generates the inter seniority of the officers on the basis of merit that remains intact. The operative part of the Civil servants (seniority) rules, 1993 has reproduced as under -Seniority on initial appointsnent_—(1) Persons initially appointed on the recommendations of the selection authority through earlier open advertisements shall rank senior to those appointed through a subsequent open advertisement. (2) If so or more people have recommended in open advertisements by the selection authority their Interse seniority shall be determined in order of merit assigned by the selection authority.”
Annual Increment detail in Notification of School Education Department:
WHEREAS, the annual increment is concerned. the facts are as follows:
a) The officer, who is regular before 30. of June, will earn the annual increment as a regular employee. In return, they have deprived of social security benefits @ 30%, of the basic pay. (9000 + of BS-17.& 11000 of BS-18-per month)
b) The officers, who have regularized after 30th June will earn an annual increment as a contract employee with social security benefit @ 30% of the basic pay. (9000 + of BS17 & I 1000+ BS-18.per month).
1) Upon regularization the increments carried during the contract period arc converted into the personal allowance. The officers whose services have regularized after June would cam more personal allowance than the officer’s %kilo arc regularized earlier.
WHEREAS, all the cases. regarding the regularization of a particular subject/category. has not reported at the same time date. Consequently, the officers of the same batch, category have regulated on different dates and with immediate effect as per the Act ibid. School education Depanincia regular/cd 119ick, of the contract employees with immediate effect.
the seniority of permanent officers:
instead of their initial date of appointment. This period is from the date of their contract appointment to the date of their regularization. But the School Education Department has promoted 530 officers or teachers of the same cadre posts from BS-17 to BS-18. If the contract employees will be regularized from the date of their initial appointment. then the seniority of permanent officers will be affected accordingly.
NOW, THEREFORE, on the perusal of the above-mentioned facts and after detailed discussion, deliberation, and mutual consensus, the appeals of the officers are hereby rejected being devoid of merit in the light of the Punjab Regularization of Service Act 2018 (XV of 2018) dated 30.04.2018, the Punjab Regularization of Service (Amendment) Act, 2019 dated 13.12.2019 and the advice from Regulations Wing of S&GAD vide Iota No.S0 (ERB)5- 23/2018/SED dated 02.08.2018.