Thursday, 31 October 2019

LAHORE HIGH COURT DECISION REGARDING APPOINTMENT UNDER 17-A RULE ON REGULAR BASIS

Lahore High Court, Lahore issued decision regarding granting the benefit of 17-A Rule of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 that appointments under Rule 17-A shall be made on regular basis.
  • Government has changed its policy qua mode of recruitment from contract to regular. Besides, this Court in the above-noted judgments has already declared the contract employment under Rule 17-A of the Rules, 1974, without lawful authority.
  • More so, the Government has introduced an Ordinance, 2019 whereby all the contract employees completing their three years' service, have been allowed to be regularized. Therefore, I feel no hesitation in declaring this letter redundant as it lost its wisdom after 14.10.2009 when services of contract employees were directed to be regularized, and new appointments were also allowed to be made on regular basis subject to fulfillment of prerequisites.
  • Given weight to the above, this petition is allowed and the respondents are directed to regularize the services of all the employees who were appointed granting the benefit of Rule 17-A of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, forthwith irrespective, whether they have completed three/four years' service or not as their contract employment after 2009 was unlawful obviously, they had to be appointed on regular basis. It is also directed that in future, all the appointments under Rule 17-A ibid shall be made on regular basis.
  • The Registrar of this Court shall circulate copy of this order to all the District & Sessions Judges in the Province and also send copy to the Chief Secretary, Government of the Punjab, for its compliance/implementation.




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