Punjab Service Tribunal Decision to Regularize Employees from Date of Initial Appointment

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Punjab Service Tribunal issued decision to regularize employees from date of initial appointment or 1st joining. The same was decided in appeal No. 4582 / 19 and date of judgment is 25-02-2020.  Detail is as under:

 

PST Decision to Regularize Employees from Date of Initial Appointment

 

Superintendent, Government Livestock Farm, Kallur Kot, District Bhakar w.e.f. 2014.

Aggrieved of the order, appellant filled departmental appeal before the District General (Production), Livestock & Dairy Development Punjab which was decided vide letter dated 19.09.2019 with the following manner:-

“In this regard the Admn, Department has already clarified about appointment under Rule 17-A on regular basis vide letter No.SO(E-II)/L&DD/1-245/2015 (GRT) dated 10th January, 2018 (copy enclosed). Furthermore the Judgment dated 07.02.2019 is person  Specific and the same needs not to be made applicable to all the employees recruited under Rule 17-A on contract basis, so the contract employees recruited under Rule 17-A cannot be entertained at this stage, you are  also desired to regularize the services of Mr.Kamran Anjum, Junior Clerk under the Punjab Regularization of service (Amendment) Ordinance, 2019 being competent authority at your own level after observing all the codal formalities under the rules, please”.

 

More Details

 

Hence this service appeal.

  1. I have considered the arguments of both parties and perused the record.
  2. it is established from the record that the appellant was appointed as Junior Clerk under Rule 17-A of the Punjab Civil servants (Appointment & Conditions of service) Rules, 1974 on contract basis for a period of five years vide appointment order dated 21.02.2011 and thereafter his services were regularized by the respondent departmental vide order dated 03.02.2011 the date from which date appellant was appointed on contract basis
  3. It has been noticed that the appellant was met which discriminatory treatment which is established from the facts and documentary evidence (Appended with the instant appeal) retired upon by the learned Counsel for the appellant that the other colleagues of the appellant who were similarly appointed on contract basis under Rule 17-A of the Punjab Civil Servants (appointment & Conditions of Service) rule, 1974 through order dated 06.05.2019 were regularized but the claim of the appellant that his appointment may be regularized from the date of initial appointment was refused which shows that he has been dealt with discrimination by the department.

 

Conclusion / Decision

 

6. For what has been discussed above, I came to the conclusion that the appellant was entitled for regularization from the date of his initial appointment as Junior Clerk, hence this appeal is allowed by setting aside the impugned orders and the respondents are directed to regularize the appellant from the date of this initial contract appointment as Junior Clerk i.e. 21.02.2011.

 

Special thanks to Mr. Waheed Saeed for sending the copy of the orders of Punjab Service Tribunal Decision to Regularize Employees from Date of Initial Appointment.

 

Decision to Regularize Employees from Date of Initial Appointment

Punjab Service Tribunal Decision

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