Clarification – Pay Protection at Appointment on Contract Basis dt 05.06.2018
OFFICE MEMORANDUM
Subject: Appointment on Contract Basis
I am directed to refer to a letter received from the District Accounts Officer. Bahawalpur vide No. DAO/BWP/GAD-1/HM/1748 dated 28-04-2018 and subsequent clarification issued by the Government of the Punjab, Finance Department vide letter No. FD.SR-II/1-30/2018 dated 18-05-2018 on the subject captioned above.
1. Proposition:-
The Government of the Punjab, School Education Department has issued an order bearing no. SO(SE-1)1-255/2014 dated 05-12-2014 whereby 76 candidates were appointed Senior Headmaster / Dy. District Education Officer (BS-18) on contract basis for the period of five years.
The appointments in the light of said orders were made on contract basis whereas in the Para 17 of the orders it is stated that: –
“A confirmed civil servant shall draw pay and allowances as per terms and conditions of the contract. However, he shall be entitled to claim any protection of the basic pay scale, increments and allowances last drawn by him against his substantive posts and an existing contract appointee of the Federal or Provincial Government shall he entitled to get his pay and allowances fixed after adding the increment which may have earned during the preceding contract appointment, provided there is no gap between previous contract appointment and fresh contract appointment.”
2. Clarification: –
In this regard the Government of the Punjab, Finance Department vide its letter No FD.SR-11/1-30/2018 dated 18-05-2018 has clarified as under: –
- The Government of the Punjab (S&GAD) Department has already made amendments in the contract appointment policy, 2004 through amendment dated 05.04.2013 and the Para regarding protection of pay has mentioned under heading “proposition” has been omitted from the Contract Appointment Policy, 2004 and amendment is also operative from the date of its issuance.
- All the officers appointed vide order bearing No.SO(SE-1)1-255/2014 dated 05-13-2014 joined on contract basis.
- The Para-17 of Terms and Conditions of appointment issued by the School Education Department is not lawful and in violation of Contract Appointment Policy, 2004.
2. Forgiving in view of the above clarification issued by the Finance Department. It is advised to make necessary arrangements to avoid any loss to the public exchequer due to the wrong interpretation of rules and regulations made by various departments.
