Notification / OM No.
No 4230-3/AD (Lit: II)
Dated:
13-August-2024
Notification Issued By:
DIRECTORATE ELEMENTARY & SECONDARY EDUCATION, KHYBER PAKHTUNKHWA, PESHAWAR.
DIRECTORATE ELEMENTARY & SECONDARY EDUCATION
KHYBER PAKHTUNKHWA, PESHAWAR.
No 4230-3/AD (Lit: II) Dated Peshawar the 13/08 /2024
Subject: – DETERMINATION OF SENIORITY OF TEACHERS, REGULARIZED UNDER THE KHYBER PAKHTUNKHWA E&SE DEPARTMENT (APPOINTMENT & REGULARIZATION OF SERVICES) ACT, 2017.
Memo:
1 am directed to refer to the consolidated judgment dated 31-05-2023 of the Honorable Khyber Pakhtunkhwa Service Tribunal, Peshawar in Service Appeals No. 2069/2019 etc. under the titled: Abid Noor Vs Govt: of KP & subsequent guidance letter No. NO. ALO(OP)LD/15-2/2023/KC.7405-7408 dated 20-05-2024 of law Department conveyed to this Directorate vide letter No. SO (Primary-M) E&SED/4-7/seniority of PSTs under Act. 2017/court cases/2024 dated 26-06-2024 by the Admin Department, wherein, it has been held that:
“Leaving aside the judgment of the Honorable Service Tribunal dated 31-05-2023 in Service Appeals No. 2069 to 2079/2019, the benefits of Section-4 (2) of the (Appointment & Regularization of Services) Act, 2017 may be extended to all the employees, regularized under the said Act after advice of the scrutiny committee meeting held on dated 06-09-2023..
To elaborate further, Section-4(2) of the (Appointment & Regularization) Act, 2017. is hereby reproduced in verbatim for perusal:
4. Determination of Seniority. (1),………………………………………………………….
(2). The seniority inter-se of those employees. whose services are regularized under this Act within the Cadre shall be determined on the basis of their continuous service in cadre.
provided that if the date of continuous service in the case of two or more employees is the same. the employee older in age shall rank senior to the younger one.”
As sequel to the fore-made discussion, citation of the relevant provision of law & Judgment dated 31-05-2023 of the learned Tribunal, it is hereby intimated that seniority of the teachers who have been regularized under the Act, 2017 be determined in light of the Section-4 (2) of the Act ibid in view of their continuous service in the cadre from the date of appointment and if continuous service of two or more teachers is the same, the employee older in age shall rank senior to the younger one please.
Assistant or (Lit: II)E&SE Khyber Pakhtunkhwa,
Peshawar
