Government of the Punjab, School Education Department issued a Notification on 13-02-2023 in connection with Guidelines Regarding Regularization of Schools Guards (BPS-01) under the Punjab Regularization Service Act 2018. The details are as under:
Regularization of Schools Guards (BPS-01) under the Punjab Regularization Service Act 2018
I direct to refer to letters from different District Education Authorities received for seeking advice regarding the regularization of School Guards.
The authorities examined the matter and found that:
Recruitment of School Guards
The government did not recruit the School Guards under the provision of Punjab Civil Servant, 1974. SED engaged them temporarily in the aftermath of the tragedy of the Army Public School in 2014 under specific Recruitment Policy 2015 which School Education Department notified vide No.SO(SE-IV)2-13/2014 dated 17.03.2015.
No Permanent Posts
No Permanent post of school Guard exists. Therefore, SED cannot regularize under the Rules/Policy.
Reflection of Post in Service Rules
The post is not reflected in “The Punjab School Education Department (School Education ) Service Rules, 2014” nor in “The Punjab School Education Department (School Education) Service Rules,1989”.
As per Section 3(2)(a) of the Punjab Regularization of Service Act, 2018, as amended, a regular vacancy is mandatory for the regularization of any contract employee. In the instant case, no regular vacancy for School Guards exists.
Section 3(2)(a) of the Act ibid
Section 3(2)(a) of the Act ibid is reproduced as under:-
“(2) Notwithstanding 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 a regular basis if:
(b) Regular vacancy allocated for initial recruitment is available for regularization.”
Letter of Agreement of the school Guard
The letter of Agreement of the school Guard also indicates that pensioner 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/policies will open a floodgate for such illegal regularization.
Therefore, the school Guards cannot be regularized as per the Act and policy ibid.
Before this Appeal of School Guards’ Regularization was also rejected by the School Education Department Punjab. They are working for a long but they are deprived of regularization since their appointment.
