Regularization of School Guards under the Punjab Regularization Act 2018 dt 13.02.2023
OFFICE MEMORANDUM
Subject: Regularization of School Guards under the Punjab Regularization
I am directed to refer to letters from different District Education Authorities received for seeking advice regarding regularization of School Guards.
2.The matter has been examined and found that:-
- School Guards were not recruited under the provision of Punjab Civil Servant, 1974. They were engaged temporarily in the aftermath of tragedy of Army Public School in 2014 under specific Recruitment Policy 2015 which was notified by School Education Department vide No.SO(SE-IV) 2-13/2014 dated 17.03.2015.
- No permanent post of School Guard exist. Therefore, they cannot be regularized under the Rules/Policy.
- The post is not reflected in “The Punjab School Education Department (School Education) Service Rules, 2014” nor in “The Punjab Education Department (School Education), Recruitment Rules, 1989”.
- As per Section 3(2)(a) of the Punjab Regularization of Service Act, 2018 as amended, a regular vacancy is mandatory for regularization of any contract employee. In the instant case, no regular vacancy for School Guards exists. Section 3(2)(a) of the Act ibid is reproduced as under:-
- Â Not with standing anything contained in the Act, the contract employees who have continuously been serving as such for a period not less than three years shall be eligible to be considered for appointment on regular basis if:
(b) Regular vacancy allocated for initial recruitment is available for regularization.”
- Letter of Agreement of School Guard also indicate that pensionary benefits will not be allowed for the said post and general provident fund or contributory provident fund shall not be deducted.
- Regularization of School Guards without the support of Rules/Policy will open a flood gate for such illegal regularization.
3.Therefore, the School Guards cannot be regularized as per act and policy.
The school guards were hired temporarily under a special policy after the tragic Army Public School attack in 2014. This policy, called the Recruitment Policy 2015, was created by the School Education Department on March 17, 2015. These guards were not recruited as regular employees under the Punjab Civil Servant Act, 1974, but instead were hired on a temporary basis due to security concerns at that time.
A key issue is that no permanent posts exist for school guards. This means that there is no long-term position for them within the government structure. Because of this, they cannot be regularized, or made permanent, under the existing laws or policies.
Specifically, the Punjab School Education Department (School Education) Service Rules, 2014 and the Punjab Education Department (School Education) Recruitment Rules, 1989 do not recognize school guards as part of their regular workforce. Since there’s no mention of these positions in these rules, they cannot be treated like other permanent government employees.
Section 3(2)(a) of this act clearly states that contract employees who have been working continuously for at least three years can only be considered for permanent employment if there is an available regular vacancy. Since no permanent vacancy exists for school guards, this section of the law prevents their regularization.
In summary, although the school guards have been serving for several years, they cannot be made permanent employees because their position was never established as a regular post. Without an official vacancy and recognition in the rules, the law does not allow for their regularization.
This situation leaves school guards in a difficult position, as they continue to work without the security and benefits of permanent employment. For any chance of regularization, the government would need to create permanent posts for them. Until then, these guards remain temporary employees, without the long-term protections typically afforded to regular government staff.
