Protection of Pay of Employee of Autonomous body upon Appointment under Punjab Government through Proper Channel dt 29.02.2012
OFFICE MEMORANDUM
Subject: Protection of Pay
I am directed to forward a copy of O.M. No.4(2) R-2/1996-235/2010 dated 08.06.2010 of Government of Pakistan, Finance Division (Regulations Wing), as adopted by the Punjab Government for taking necessary action.
2. It is advised to process all such pending/future cases and get concurrence of this department in this regard accordingly.
I am directed to refer to this Department’s circular letter No.FD-SR-II-1-28/2011 dated 29th February, 2012 on the subject noted above, wherein O.M No.4(2) R-2/1996-235/2010 dated 08.06.2010, issued / circulated by Regulation Wing of Finance Division, Government of Pakistan, Islamabad was adopted by the Government of the Punjab, it is further clarified as under:-
“that the provision of protection of pay of the employees of autonomous bodies upon their appointment in Government Departments through proper channel shall be applicable w.e.f. 01.08.2009 i.e. the date of judgement of Federal Service Tribunal in Appeal No.1921(R)CS/2005 read with O.M No.4(2)R-2/1995-235/2010 dated 08.06.2010, issued / circulated by Regulation Wing of Finance Division, Government of Pakistan, Islamabad and adopted by the Government of the Punjab vide circular letter referred to above“.
The undersigned is directed to refer to Finance Division’s O.M. No. 4(2) R-2/96 dated 12th August, 2002 on the subject noted above and to say that in view of the provisions in para-2 of aforesaid O.M, the benefit of pay protection on their subsequent appointment in Government service is not admissible to the employees of autonomous organizations which are established under the Act/Ordinance or an Executive Order under the authority delegated by the Act/Ordinance.
The matter has now been re-considered in light of judgment dated 07-08-2009 of Federal Service Tribunal, Islamabad in Appeal No. 87(R)CS/2005 in respect of Mr. Sajjad Rashid and others. It has been decided that the benefit of pay protection will be extended to the employees of autonomous Organizations who have adopted Basic Pay Scales Scheme in toto and who are appointed in Government Departments through proper channel. In view of the aforesaid position, para-2 of the Finance Division’s O.M. No. 4(2)R-2/96 dated 12th August, 2002 may be substituted as under:
“2. The benefit of protection of pay to the employees of autonomous bodies on their subsequent appointment in government service is not admissible as the employees of autonomous bodies are not civil servant within the meaning of Civil Servant Act, 1973. However, the benefit of pay protection will be admissible to employees of such autonomous organizations who have adopted Scheme of Basic Pay Scales in toto on their appointment in Government offices provided they have applied for the post through proper channel.”
