Appeal to Governor to Set a Side Ombudsman Order to Appoint under 17A
OFFICE MEMORANDUM
Subject: Appoint under 17A
Kindly refer to 7 subject cited above and also find enclose herewith an appeal for setting a side order dated 21/01/2025 passed by the Honorable Ombudsman Punjab, Regional office Multan in complaint No. POP25MLT0001587 lodged by Mst. Tooba Idrees.
This issues with the approval of Accountant General Punjab.
Respectfully Sheweth:
The following facts necessitated filing of an Instant Appeal/Representation before the honorable Governor of Punjab, the Appellate Authority.
Facts:
1. That case for hiring of the complainant was received in this office vide diary No.3578 dated:10.08.2024. She was appointed by CEO (Education) Multan vide orders dated:24.07.2024. The hiring form was returned in original with the remarks that no appointment under rule 17-A can be made w.e.f. 24.07.2024 in light of S&GAD clarification
dated 23.09.2024.
2. That later the complaint filed complaint before the provincial ombudsman Punjab wherein orders dated:21.02.2025 (Annexure-A) received in this office vide diary No.1000 dated:05.03.2025 with the directions to this office to release salary and arears to the complainant and submit compliance report with 45 days.
3. That S&GAD vide notification No. SOR-III(S&GAD)2-60/2024 (Annexure-B) has further clarified as under:
i) 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.
ii) 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(Annexure-C) 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 violating 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.
Where under appointments without open advertisement, competition and merit, of the widow/widower, wife/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.
Where under appointments without open advertisement, competition and merit, of the widow/widower, wife/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.
iii) 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 withdraw all the instructions/notifications with regard to provision of job under the quota, reserved for children of retiring civil servants on superannuation /invalidation.
Grounds:
I. 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.
II. 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 violating 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.
Where under appointments without open advertisement, competition and merit, of the widow/widower, wife/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.
III. 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 withdraw all the instructions/notifications with regard to provision of job under the quota, reserved for children of retiring civil servants on superannuation/invalidation.
It is humbly prayed that aforementioned decision is contrary to the instructions of Government of the Punjab as well as orders of honorable Supreme Court of Pakistan dated:18.10.2024 as submitted above.
In view of submissions made above, it is requested that decision of the Ombudsman Punjab complaint No.POP25MLT0001587 may kindly be reviewed.
This issues with the approval of Accountant General Punjab.
I am directed to refer to your letter No. DAO/BWP/PR-III/HM/163 dated 07.12.2024 on the subject noted above.
2. The Regulations Wing, S&GAD has examined the matter and it is observed that:
i. 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.
ii. 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, 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, wife/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.
ii. 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/invalidate.
