Government of Khyber Pakhtunkhwa Notification: Regularization and Pension Fund Deduction: Education Department Seeks Finance Department’s Intervention

KPK Education Department Raises Concerns Over AG Office KP Letter:

The Elementary and Secondary Education Department of Khyber Pakhtunkhwa, in a letter dated December 28, 2023, raised concerns regarding a communication from the Accountant General (AG) Office KP dated August 15, 2023, which relates to the regularization of ad-hoc appointees and the deduction of the Contributory Pension (CP) Fund. The department had issued regularization orders for teachers under the Khyber Pakhtunkhwa Teachers (Appointment and Regularization of Services) Act, 2022. This act entitles the teachers to pensionary benefits, including the General Provident (GP) Fund, and ensures their rights from the date of their initial appointment. However, the AG Office’s letter contradicts this provision, potentially depriving the teachers of their entitled benefits. The letter from the Education Department requests that the Finance Department take up the matter with the AG Office to have this issue rectified and to proceed in accordance with the provisions of the Regularization Act, 2022. Notification Describes;

GOVERNMENT OF KHYBER PAKHTUNKHWA
ELEMENTARY AND SECONDARY EDUCATION DEPARTMENT
CIVIL SECRETARIAT PESHAWAR

No. SO(Primary-M)E&SED/5-1/G.Misc/GP &CP Fund/Young Teacher Association/2023

Peshawar Dated 28^th December, 2023

To

The Secretary to Govt. of Khyber Pakhtunkhwa
Finance Department.

OFFICE MEMORANDUM

Subject :-       RESERVATIONS REGARDING AG OFFICE KP LETTER NO. T-16(GEN)/CIR:2023-24/576 DATED 15-08-2023 REGULARIZATION OF ADHOC APPOINTEES AND DEDUCTION OF CP FUND.

Dear Sir,

I am directed to refer to Law Department letter No. Legis:3(19)2022/17745-49 dated 28-11-2023 and this department letter of even No. dated 20-12-2023 addressed to Law Department (copies attached) on the subject noted above and to say that this Department issued regularization orders of teachers under Section-3 of Khyber Pakhtunkhwa Teachers (Appointment and Regularization of Services) Act, 2022, wherein they have been regularized from the date of their initial appointment. Under the Regularization Act, 2022 ibid, they are entitled for pensionary benefits including GP Fund and they may not deprived of the right bestowed upon them by the act.

In view of the above, the matter may be taken up with AG Office for withdrawal of their letter No. T-16(Gen)/Cir:/2023-24/576 dated 15-08-2023 to proceed as per provision of the Regularization Act. please

Enct:AA

Yours’ Faithfully

SECTION OFFICER (PRIMARY MALE)

Conclusion:

In conclusion, the letter from the Elementary and Secondary Education Department highlights an important issue regarding the pensionary benefits of teachers who were regularized under the Khyber Pakhtunkhwa Teachers Regularization Act, 2022. The department seeks the Finance Department’s intervention to ensure that the rights of the teachers, including their entitlement to the GP Fund, are upheld in accordance with the provisions of the law. The Education Department has expressed the need to withdraw the contradictory directive from the AG Office, emphasizing the importance of adhering to the legal framework that governs the regularization and benefits of employees. Resolving this issue promptly will ensure that the teachers receive their rightful benefits, safeguarding their financial security and reinforcing the government’s commitment to fair treatment for its employees.

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