School Guard's Appeal for Regularization Services Rejected

Office of the Secretary School Education Department Punjab issued a notification on 19-10-2022 in connection with School Guard’s Appeal for Regularization Services Rejected by SED. The details are as under:

School Guard’s Appeal for Regularization Services Rejected by SED

The facts of the case are that Petitioners filed Writ Petition no. 2699/2020 to the honorable Lahore High Court, Multan Bench Multan with the prayer to direct the respondent to regularize services from the dates of their joining with all back benefits. The honorable High Court disposed of Writ Petition vide under dated 08-06-2022.
Huq Nawaz and other Petitioners submitted during a personal hearing that they have been working as School Guards(BS-01) since 2015 on a contract basis but their services have not yet been regularized. They requested for regularization of their services from the dates of their joining as School Guardswith all back benefits.
The Departmental Representative submitted that the Petitioners were appointed as School Guardsin BS-01 for a period of 5 years in different schools of A+ and A categories under the Recruitment Policy for School Guards 2015, issued by the School Education Department vide notification no. So (SI-IV) 2013/2014 dated 17-03-2015.
Having heard the Petitioners I, Secretary SED, do hereby conclude that the request of Petitioners is not maintainable due to the following reasons:

Reasons of Rejection

As per the Condition of the Letter of Agreement, the appointment against the post of School Guards was made purely on a contract basis which may be further extended on the basis of good performance.
School Education Department appointed School Guards on a temporary basis and no regular Vacancies of School Guards exist in School Education Department, therefore, the claim of Petitioners is not maintainable.
As per Section 3(2)(a) of The Punjab Regularization of service act 2018, a regular vacancy is mandatory for the Regularization of any contract employee. In the instant case, no regular vacancy for School Guard exists.
The temporary posts of School Guard were created in the aftermath of the tragedy of the Army Public School in 2014. The said post does not exists in the Punjab School Education Department (School Education) Service Rules 2014, or the Punjab Education Department (School Wing, Ministerial Posts) Service Rules 1989.
The Petitioners are Ex-Military Service men and are already receiving pensions. Clue 3 of the Letter of Agreement of School Guards indicates that pensionary benefits will not be allowed and General Provident Fund shall not be deducted as these are meant for regular posts only.