Appointment under Rule 17-A Whether Regular or On Contract Basis?

Govt of the Punjab, Services & General Administration Department (Regulation Wing), Lahore has already issued letter No. SOR-III(S&GAD) 3-12/2008 dated 12^th November 2008 & 30^th January 2009 in connection with the Appointment under Rule 17-A of Children or Widow of an Employee who dies During Service or Invalidated for further Service. The detail of the same is as under:

Rule 17-A of the Punjab Civil Servants (Appointment and Conditions of Service) Rules 1974 provides that whenever a civil servant dies during service or is declared as invalidated/incapacitated for further service one of his unemployed children or his widow/wife may be employed by Appointing Authority against a post to be filled under 16 and 17 for which he/she possesses the prescribed qualification and experience and such child or widow/wife may be given 10 additional marks in the aggregate by the Public Service Commission or by the Appropriate Selection Board or Committee provided otherwise he/she qualifies in the test/exam and or interview of posts and BPS-6 and above.

Provided further that one child or widow/wife of a Government servant who dies in service or declared as invalidated/incapacitated for further service may be provided a job against posts in BPS-01 to BPS-05 and the post of Junior Clerk (BPS-07) in the department in which the deceased employee was working without observation of formalities prescribed under the rules/procedure.

Section 4 of the Punjab Civil Servants Acts 1974 provides that appointments to a civil service of the province or to a civil post in connection with the affairs of the province shall be made in the prescribed manner.
The above provisions of the Act and the Rules do not specify that initial appointment/recruitment should be made on regular or contract basis. Therefore appointments to posts reserved for initial appointment can be made either on contract or regular basis as per requirement of the Government.
The Government however generally shifted from regular to contract mode of appointment and issued a comprehensive Contract Appointment Policy 2004. The facility of appointment under Rule 17-A has been extended to the children/widow/wife of civil servants who dies during service or is declared as invalidated/incapacitated for further service while in service through the Contract Appointment Policy 2004 so that such candidates or not deprived of job against the posts which are being filled on contract basis.
The Government has constituted a Contract Appointment Regulation Committee (CARC) to determine the categories of posts which can be filled on contract or regular basis. The recommendation of CARC with regard to declaring a post to be filled on contract or regular basis is then submitted for approval of the Chief Minister. The departments then may make recruitment accordingly.
The Regulation Wing vide circular dated 05-08-2006 made an amendment in the Contract Appointment Policy 2004 envisaging that the provision of Rule 17-A of the Punjab Civil Servants (Appointment and Conditions of Service) Rules 1974 and the relevant instructions/guidelines issued in this behalf from time to time shall be applicable mutates mutandis for employment of one of the unemployed children, wife/widow of a civil servant dies during service or is declared as invalidated/incapacitated for further service under the policy.

The nature of the employment so provided shall be dependent on the mode of recruitment viz. contract or regular as may be decided by the Government in respect of a particular post.