Abstract of Notifications under Rule 17-A

SUMMARY OF 17-A RULES

 

S.No Detail No. Date
1 “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 14th October 1989
2 “… The case was examined in consultation with the Law & Parliamentary Affair Department, who have advised that ban on recruitment is not applicable against the 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 18th February 1997
3 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. SGAD&I Department Notification  No.SORI S&GAD9-1/2000 1st August 2000
4 “(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” SGAD&I Department Notification  No. SOR. (S&GAD)9-1/2000(P-I) 15th October 2002
5 “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………” SGAD&I Department Notification  No. SOR. III2-42/92 (P-III) 15th November 2003
6 i)          The spirit of Rule 17-A is to provide relief to the family of a deceased or invalidated or incapacitated civil servant by providing employment to the widow/wife or one child of the said civil servant provided that he/she is otherwise eligible for the post applied for.

ii)         Rule 17-A provides that “such child may be given 10 additional marks in the aggregate by the Punjab Public Service Commission or the relevant board or committee. From the wording of the rule, it is not necessary to award full ten marks in each case.  Only such marks should be awarded (subject to a maximum of 10 marks) which are necessary to cover the shortfall in the aggregate to make such candidate eligible for appointment.

iii)        A person who may have applied under Rule 17-A, but qualifies purely on merit, should not be awarded any additional marks and his selection should be made on merit and not under Rule 17-A.

iv)        The purpose of awarding additional marks is only to facilitate the selection of the child or widow or wife of the deceased/invalidated person to alleviate the financial problems of the family.  This concession is not meant for granting undeserved seniority on the merit list.

SGAD&I Department Notification  No. SOR. III(S&GAD)2-42/92 (P-I) 26th March 2004
7
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

SGAD&I Department Notification  No. SOR.III(S&GAD)2-32/2004 (P) Dated 13th September 2004
8 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 become the liability of the husbands after their marriage. No.SOR.III(S&GAD)3-4/2004 14-03-2005
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.

SGAD&I Department Notification  U.O.No. (O&M) 5-3/2004/ Contract/ Ombd-Pb 9th May, 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”

SGAD&I Department Notification No. SOR. III (S&GAD) 2-10/2007 22nd October 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” SGAD&I Department Notification No. SOR. III(S&GAD) 2-10/2006 26th January 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. SGAD&I Department Notification No. SOR .III(S&GAD) 2-10/ 2007/P 6th July 2010
13 —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. Notification 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. Notification No. SOR .III(S&GAD) 2-02/2012 24-09-2017
15 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 tp 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.

Notification No. SOR .III(S&GAD)2-2/2019 2007/P 24-01-2020
16 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 of a civil servant who can not 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.           

Notification No. SOR .III(S&GAD)2-2/2015 11-2-2020
17 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.

Notification No. SOR .III(S&GAD) 2-B/2018 19-01-2021
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

 

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