S&GAD Clarifications Regarding Punjab Government Omits Rule 17-A for Civil Servant Appointments-Notification

End of Rule 17-A in Punjab Civil Service Appointments: Equality and Merit Ensured:

The Government of Punjab, through the Services & General Administration Department (S&GAD), has issued an important clarification regarding appointments under Rule 17-A of the Punjab Civil Servants (Appointment & Conditions of Service) Rules, 1974. This clarification follows the Finance Department’s request for guidance on the matter. The Regulations Wing of S&GAD has thoroughly examined the issue, which pertains to the recent changes in the relevant legal framework. Specifically, Rule 17-A, which previously allowed for appointments of the widow/widower, wife/husband, or child of a deceased or permanently disabled civil servant, has been officially omitted from the Punjab Civil Servants Rules after approval from the Provincial Cabinet and the Chief Minister. This policy decision, which was implemented through a notification dated 24th July 2024 and published in “The Punjab Gazette,” signifies a significant shift in the provincial government’s approach to such appointments. The primary objective of this change is to ensure that all government appointments, including those under this specific provision, are made in accordance with principles of equality, merit, and open competition. The notification provides detailed legal and constitutional insights into the implications of this change, referring to a judgment by the Supreme Court of Pakistan that has set the legal precedence for these appointments. Notification Describes;

No.SOR-III(S&GAD)2-60/2024
GOVERNMENT OF THE PUNJAB
SERVICES & GENERAL ADMINISTRATION
DEPARTMENT
(REGULATIONS WING)

Dated Lahore the 14^th November, 2024

To

The Secretary,
Government of the Punjab,
Finance Department.

Subject :-       CLARIFICATION FOR APPOINTMENT UNDER RULE 17-A

                              I am directed to refer to your department’s letter No. SO(B&E-II)0-14/2023-30799-29136 dated 31.10.2024 on the subject noted above.

The Regulations Wing, S&GAD has examined the matter and it is observed that :-

Since the August Supreme Court of Pakistan through the above said judgment already clarified that the instant judgment shall not affect the appointments already made of the widow/widower wife/husband or child of deceased or retired civil servants, hence, the appointment orders already issued before 24.07.2024 are fait-accompli and such matters need to be decided by the relevant Administrative Departments at their own level because in view of clear direction of Hon’ble Court, advice of Regulations Wing, S&GAD is warranted in such cases.

Rule 17-A has been omitted from the Punjab Civil Servants (Appointment & Conditions of Service) Rules, 1974 after approval of the Provincial Cabinet Punjab / Chief Minister, vide notification dated 24.07.2024. The said notification has also been published in “The Punjab Gazette” on 26.07.2024. It was a policy decision of the Government. No appointment under Rule 17-A can be made w.e.f. 24.07.2024 (the date of approval of the Competent Authority) as the said rule no more exists now.

The August Supreme Court of Pakistan in a Civil Petition No. 3390 of 2021 titled General Post Office, Islamabad V/s Muhammad Jalal has already issued judgment dated 18.10.2024 through the Apex Court, inter alia, observed that :-

The appointment of a widow/widower, wife/husband or child of a civil servant in different grades on contract or regular basis, without open advertisement, competition and merit is also violative of Artice 18 of the Constitution which provides that subject to such qualification, if any, as may be prescribed by law, every citizen shall have the right to enter upon any lawful profession or occupation and to conduct any lawful trade or business. Appointments obstructing ordinary qualified citizens to compete for entering into the profession of the service of Pakistan in accordance with their ability and eligibility also violate this fundamental right, and if such appointments are made they negate equality of opportunity, competition, merit and also defeat the object of good governance.

Whereunder appointments without open advertisement, competition and merit, of the widow/widower, wile/husband or child of civil servants in different grades, who die during service or become permanently disabled/invalidated/incapacitated for further service and take retirement from service, are declared to be discriminatory and ultra vires Articles 3,4, 5(2), 18, 25(1) and 27 of the Constitution. The prescribed Federal and Provincial authorities are directed to withdraw the same. However, it is clarified that the instant judgment shall not affect the appointments already made of the widow/widower, wife/husband or child of deceased or retired civil servants. It is further clarified that this judgment shall not affect the policies, rules or compensation packages of the Federal and Provincial Governments for the benefit of the legal heirs of martyred personnel of the law enforcement agencies and of civil servants who die on account of terrorist activities.

SECTION OFFICER (R-III)

Conclusion:

In light of the developments outlined in the notification, it is now clear that Rule 17-A, which allowed for specific appointments without open competition and advertisement, is no longer valid as of 24^th July 2024. The decision to omit this rule aligns with the government’s commitment to upholding constitutional principles, including Article 18, which guarantees the right to enter any lawful profession or occupation based on merit and competition. This change aims to eliminate discriminatory practices and ensure that all citizens have equal access to government positions, based on their qualifications and ability. The Supreme Court’s ruling further reinforces this direction by declaring such appointments to be in violation of fundamental rights and promoting the principles of meritocracy. However, the judgment also clarifies that appointments made prior to the rule’s removal will not be affected, and these will remain valid. As a result, departments are now required to make decisions on such appointments based on their individual circumstances, following the clear guidance of the court. This shift represents a step toward improved governance and fairer opportunities for all citizens, ensuring that public service remains open and accessible to all qualified individuals.

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