Clarification – Appointment under Rule 17A omitted after 24.07.2024 dt 07.11.2024
OFFICE MEMORANDUM
Subject: Appointment under Rule 17A
Reference your letter No. KMP&R/1-1A/2024-25/CD-4732 dated 21.10.2024 on the subject noted above.
2. The Regulations Wing, S&GAD has examined the matter and it is observed that:
1. 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 longer exists now.
2. 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 Article 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.
3. The Hon’ble Bench of Supreme Court of Pakistan in Civil Petition No. 288-P of 2015 [Government of KPK V/S Tahir Mushtaq and others] issued direction to KPK Government to withdraw all the instructions/notifications with regard to provision of job under the quota reserved for children of retiring civil servants on superannuation/invalidation.
4. Rule 21 of the PCS (A&CS) Rules, 1974 which provides that a candidate for appointment must be in good mental and bodily health and free from any physical defect likely to interfere with the discharge of his duties. A candidate who after such medical examination as the Government may prescribe is found not to satisfy these requirements shall not be appointed.
