ABSTRACT OF 17-A RULES:
BY SHAHEEN UR REHMAN
| S.No | Detail | No. | Date | ||||||||||||
| 1 | Whenever a civil servant dies while in service and during the performance of duty, any one of his children may be employed by the government against a post for which he possesses the prescribed qualifications and experience without observance of the procedure laid down in Rule 16 (1) and 17 ibid. | NO.SORIV (S&GAD) 1-6/78 | 01-06-1986 | ||||||||||||
| 2 | For Rule 17-A, the following should be substituted: “Notwithstanding anything contained in any rule to the contrary, whenever a civil servant dies while in service or is declared invalidated/in-capacitated for further service, any one of his unemployed children, if any, may be employed by the Appointing Authority against a post to be filled under rules 16 & 17, for which he/she possesses the prescribed qualifications and experience. Such child may be given10-additional marks in the aggregate by the Public Service Commission or by the appropriate Selection Board or Committee provided he/she otherwise qualifies in the test, examination and/or interviews” | SGAD&I Department Notification No.SOR. IV (B&GAD) 15-2/86 | 14-10-1989 | ||||||||||||
| 3 | “… The case was examined in consultation with the Law & Parliamentary Affair Department, who have advised that ban on recruitment is not applicable against statutory provision of rules referred to above, nor the right of the child of a deceased Government servant under Rule 17-A of the rules ibid would be abridged by such order” | SGAD&I Department Notification No.SOR.III.2-42/92 | 18-02- 1997 | ||||||||||||
| 4 | “The issue has been examined and it is clarified that since appointment under Rule 17-A of the Punjab Civil Servants Appointment and Condition of Service Rules, 1974 is a special dispensation granted to a one-child/widow/wife of the deceased/individual Government Servant, being mandatory under the rules such recruitment shall be made in the regular mode. As far as recruitment under different quotas including quota of 20% reserved for children of Government employees concerned, the recruitment shall be made in accordance with the provisions of prevailing Recruitment Policy as such………” | No. SOR. III2-42/92 (P-III) | 15-11- 2003 | ||||||||||||
| 5 | ii) Rule 17-A provides that “such a child may be given 10 additional marks in the aggregate by the Public Service Commission or the relevant board of committee” ……(Subject of maximum of 10- marks) necessary to cover the shortfall in the aggregate to make such candidates eligible for appointment
https://govtemployeematters.com/ |
No. SOR. III(S&GAD)2-42/92 (P-I) | 26-03-2004 | ||||||||||||
| 6 |
CLARIFICATION“2. No time limit can be fixed for filling up of vacancies under Rules 17-A. In case the number of applications exceeds the available vacancies, then the recruitment may be made on availability of vacancy. For determining the merit, date of death/incapacitation is the only criteria….. 4. No %age of vacancies under Rule 17-A can be reserved as this is a benevolent provision which is applicable only at the time of the death of government employees. 5. Married son of the deceased government servant may be given appointment under rules 17-A. However, daughter/widow cannot claim the benefit after marriage. 6. This may be made clear that benefit under Rule 17-A is a one-time dispensation and cannot be claimed again & again and valid to one child the deceased employee |
No. SOR.III(S&GAD)2-32/2004 (P) | Dated 15-09- 2004 | ||||||||||||
| 7 | As per ruling of LHC, the married daughter of the deceased government servant are not eligible for the benefit under Rule 17-A, ….. as the married daughters becomes the liability of the husbands after their marriage.
https://govtemployeematters.com/ |
No.SOR.III(S&GAD)3-4/2004 | 14-03-2005 | ||||||||||||
| 8 | The case has been examined and the Regulations Wing observes that the complainant is enjoying pension from Pakistan Army after a service of 18 years. It will be appreciated that the Rule 17-A of the Punjab Civil Servants (Appointment & Conditions of Service) Rules 1974 is a measure of benevolence aimed at providing assistance to the bereaved family by way of providing employment to an unemployed wife/child otherwise eligible for the prescribed posts. Hence Mr. Muhammad Iftikhar being “Pensioner” does not fall within the ambit of said provision by any stretch of interpretation and thus not eligible for appointment under Rule 17-A ibid.
https://govtemployeematters.com/ |
No.SOR.III(S&GAD)2-23/2003(P) | 20-03-2006 | ||||||||||||
| 9 | i) Most of the Contract Appointment made under Rule 17-A of the Punjab Civil Servants (Appointment & Conditions of Service Rules, 1974 in BS-1 to 5 made with reference to pay scales as such lower grade posts are not professional or skilled posts. Hence there is no confusion at all in this regard.
ii) As regard award of 10 additional marks in respect of posts in BS-6 and above, it is observed that the posts which are in BS-6 and above are distinct from the posts in Basic Scale-1 and 5 and there is no confusion at all in their respect either the said posts are filled on the basis of pay scales or against a pay package. |
U.O.No. (O&M) 5-3/2004/ Contract/ Ombd-Pb | 09-05- 2007 | ||||||||||||
| 10 | “3. (i) In case there are two wives of a deceased civil servant, the first wife or her children (1st family) are entitled to get employment under Rule-17-A. If no one from the first wife and her children (1st family) applied for the job, the right of appointment shall be available to the second wife or her children (second family)
(ii) The concerned Appointing Authority shall satisfy himself about the number of families, family members and eligibility of the applicant for the post” |
No. SOR. III (S&GAD) 2-10/2007 | 22-10- 2007 | ||||||||||||
| 11 | ” 3 It is, therefore, reiterated that job against the posts in BS-1 to 5 and Junior Clerk (BS-7) can be provided to a child or widow/wife of a Government servant who dies while in service or is declared invalidated/incapacitated for further service on Contract Basis under the Contract Appointment Policy” | No. SOR. III(S&GAD) 2-10/2006 | 26-01-2008 | ||||||||||||
| 12 | 4. The question regarding admissibility of benefits under Rule 17-A to the married children of deceased / Incapciated civil servants has been under active consideration of the Government of the Punjab. In this behalf it is clarified that benefit of grant of 10-Additional Marks or provision of job in terms of 17-A of the Punjab Civil Servants )Appointment & Conditions of Service) Rules 1974, shall be available irrespective of the fact whether the child is married or not.
https://govtemployeematters.com/ |
No. SOR .III(S&GAD) 2-10/ 2007/P | 06-07–2010 | ||||||||||||
| 13
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—Governor of the Punjab pleased to direct that in the Rule 17-A of the Punjab Civil Servants (Appointment & Conditions of Service) Rules 1974 for the expression “Junior Clerks (BS-7)” the expression (Junior Clerks (BS-11)” shall be substituted. | No. SOR .III(S&GAD) 2-02/2012 | 11-03-2016 | ||||||||||||
| 14 | Provided that only one child or widow of wife of an employee who dies during service or declared invalidated on incapacitated for further service, if otherwise eligible for the post shall be appointed to a post in BS-1 to BS-11 in the department where the government servant was serving at the time of the death or the declaration, without observing the procedural requirements prescribed for such appointments. | No. SOR .III(S&GAD) 2-02/2012 | 28-09-2017 | ||||||||||||
| 15 | However, the appointment/recruitment under Rule 17-A of the Punjab Civil Servants (Appointment & Conditions of Service Rule) 1974, against vacant post from BS-1 to BS-11, except the posts declared as DYING CADRE, strictly in accordance with the rules ibid, | NO.SOADMN-II/(LG)-4-140/2019 (Local Govt,) | 10-07-2019 | ||||||||||||
| 16 | Views of Regulation Wing: (The laws, rules, notifications, orders, circulars, letters issued by the Regulations Wing S&GAD are implemented from prospective effect until and unless specified otherwise.
As the 30% SSB was allowed to contract employees while pension is admissible to regular civil servants. Since the regularization of the contract employees recounted under 17-A will be made with immediate effect, no question arises for deduction of Group Insurance, G.P.Fund and benevolent Fund. However, when the services of those are regularized such deductions will be made as per the prescribed procedure. https://govtemployeematters.com/ |
No. SOR .III(S&GAD)2-2/2019 2007/P | 24-01-2020 | ||||||||||||
| 17 | Query Reply: As per Regulation Wings S&GAD Circular dated 29-10-2019 all recruitments under ruled 17-A shall be made on regular basis in future.
Once she (widow) joined the service on regular basis she because a civil servant who cannot be deprived of her job on account of remarrying. However, if had married before joining the service, another legal heir of the deceased might have been considered for this job. The contract employees are governed under the terms and conditions of their appointment. If no embargo as to remarrying has been imposed in these T&Cs then it cannot be made the basis of contract termination. Regularization of a contract employee is to be made in the light of the Regularization Act 2018. If she (widow) meets the conditions laid in act ibid she is eligible for regularization. Her regularization may not prejudice her case under the act ibid. |
No. SOR .III(S&GAD)2-2/2015 | 11-2-2020 | ||||||||||||
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4. The cabinet considered and approved the regularization of contract employees recruited under Rule 17-A of the Punjab Civil Servants (Appointment and Conditions of Service ) Rules 1974 from the date of their Appointment/induction into government service as per judgement of Lahore High Court subject to recovery of 30% SSB according to the mechanism framed by the Finance Department.
5. Mechanism circulated by the Finance Department vide letter No. FD.SR.III-4/84 Dated 24-3-1987. 2. The Regulation Wing S&GAD has examined the matter and it is observed that Regulations Wing S&GAD clarifications regarding ineligibility of parents declared invalidated under Category-B are no more in the field after Lahore High Court struck down these clarifications. Hence the appointing authorities may make decision independently by taking the fact in view and the provision of Rule 17-A of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 is applicable to civil servants only. Thus the employees who do not enjoy the status of civil servants are not entitled to the benefit envisaged in the Rule ibid until and unless their organization has adopted it or has a matching provision in its rules/regulations. |
No. SOR .III(S&GAD) 2-B/2018
NO.SOR-III(S&GAD) 2-8/2018(P)
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19-01-2021
17-02-2022
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| The application for appointment under Rule-17-A can be made at any time on reaching the age of appointment to the office where the deceased drawn his last pay | |||||||||||||||
RETIREMENT ON MEDICAL GROUNDS AND APPOINTMENT UNDER RULE 17-A |
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| 1 | 1-The civil servants retired on medical ground in category ‘A’ or ‘B’ only are entitled to get the benefit of job under rule 17-A of Punjab Civil Servants (Appointment & Conditions) Service Rules, 1974 in favour of their wives/children provided they are otherwise eligible for the post.
2-The civil servants invalidated in category ‘C’ are not to get the benefit of job in favour of their wives/children under Rule-17-A of the rules ibid. https://govtemployeematters.com/ |
NO.SOR-III(S&GAD) 2-9/2016 (B) | 01-02-2019 | ||||||||||||
| 2 | The matter has been examined and it is observed that the benefit of job under Rule 17-A of the Punjab Civil Servants (Appointment & Conditions of Service) Rules, 1974, is available for the child of an incapacitated civil servant irrespective of the fact that whether he/she is married o no in terms of Regulation Wing S&GAD’s circulr letter dated o6-07-2010 (Copy enclosed) However, father of Msts Mehvis Bibi was retired from government service on medical grounds in Category-B, hence benefit of job cannot be extended to her, because invalidation in Category-B does not fall in the category of permanent disability. | NO.SOR-III(S&GAD) 2-61/2018 | 24-11-2020 | ||||||||||||
| 3 | 1-The invalidation/incapacitation from government service in Category-B does not fall in the type of permanent incapacitation, hence benefit of Rule 17-A cannot be extended to the legal heirs’ of the government servant invalidated in Category-B. | NO.SOR-III(S&GAD) 2-21/2016 | 03-03-2021 | ||||||||||||
| 4 | The matter has been examined in the Regulations Wing S&GAD and it is observed that no specific category of invalidation/incapacitation has been mentioned in Rul 17-A of the Punjab Civil Servants(Appointments & Condition) Rules 1974. However, retirement on medical ground in category B does not fall in the category of permanent disability/invalidation. Hence the Regulations Wing, S&GAD is of the view that children/wife of the official who retired on medical grounds in Category-B are not entitled to get the benefit of job under Rule 17-A.
https://govtemployeematters.com/ |
NO.SOR-III(S&GAD) 2-5/2017(P) | 19-05-2021 | ||||||||||||
| 5 | 3-Now a letter has been issued to the District Accounts Officer MusaffarGarrh vide No. SOR-III(S&GAD)3-7/2021 dated 22-09-2021, according to which the instructions issued by S&GAD Dayed 06-05-2021 are no more in the field, It means that now the children of the employees declared medically invalid in Category-B can be appointed by the departments of Government of the Punjab.
4. In view of these facts the position explained in Para 3 above may kindly be confirmed or otherwise. |
NO.TM-I-H/-3-1/CSR/ 2020-21 Office of A.G. Punjab Lahore. | 11-10-2021 | ||||||||||||
REGULARIZATION OF CONTRACT EMPLOYEES APPOINTED UNDER 17-A |
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| 1 | 4-Accordingly the Chief Minister, Punjab has been pleased to approve that the order of the HonorableLahore High Court Lahore dated 20-09-2019 may be implemented and a circular letter in this regard may be issued to all concerned for compliance.
https://govtemployeematters.com/ |
NO.SOR-III(S&GAD) 2-8/2018 | 29-10-2019 | ||||||||||||
| 2 |
https://govtemployeematters.com/ |
NO.SOR-III(S&GAD) 2-8/2018 | 24-01-2020 | ||||||||||||
| 3 | “The cabinet considered and approved the regularization of contract employees recruited under Rule 17-A of the Punjab Civil Services (Appointment and Conditions of Service) Rules, 1974, from the date of their initial appointment/induction into government service, as per judgement of Lahore High Court, subject to recovery of 30% Social Security Benefit according to the mechanism frame by the Finance Department. | NO.SOR-III(S&GAD) 2-8/2018 | 19-01-2021 | ||||||||||||
| AGE RELAXATION UNDER RULE 17-A | |||||||||||||||
| 1 | In the case of children of deceased/invalidated /incapacitated Government servant who apply for government service under Rule 17-A of the Punjab Civil Servant (Appointment & Conditions Service Rules 1974, the maximum upper age limit prescribed in the Service Rules for appointment to a post shall be raised by 5-years.
https://govtemployeematters.com/ |
SGAD&I Department Notification No.SORI S&GAD9-1/2000 | 01-08- 2000 | ||||||||||||
| 2 | “(ix) The appointing authority may grant relaxation in upper age limit up to a maximum period of 10-years to a family member of a deceased Civil Servant who dies during service”
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SGAD&I No. SOR. (S&GAD)9-1/2000(P-I) | 15-10- 2002 | ||||||||||||
MEDICAL BOARD REQUIRED DOCUMENTS
- CNIC
- Application of Applicant
- Referral Chit/Recommendations Certificate of Medical Superintendent Concerned for Standing Medical Board or Unfitness Certificate for not continuing job.
- Medical Prescription Documents
- Service Certificate
- SSC Certificate
- 1st Appointment Order
- Undertaking certificate on Stamp Paper for not claiming service under son quota after retirement under (SMB) Standing Medical Board
- Photocopy of updated Service Book.