Seniority List of Teachers based upon Merit Score Assigned by Selection / Appointing Authority at the time of recruitment

GOVERNMENT OF THE PUNJAB
SCHOOL EDUCATION DEPARTMENT

ORDER

No.SO(SE-111)7-194/2018. WHEREAS, Mr. Khalid Bashir etc. filed Writ Petition No.9495/2018 in the Honourable Lahore High Court, Bahawalpur Bench, Bahawalpur with the prayer for issuance of direction to the Secretary School Education to decide their pending applications wherein they have requested for award of BS-17 under Uplift & Upward Mobility Package.

2. AND WHEREAS, the Honourable Court disposed of the aforementioned writ petition vide order dated 30.10.2018 with the direction to the Secretary School Education as under:

“…In view of above, Let a copy of this petition along with its annexures be remitted to respondent No.1 who shall treat it as an application and shall decide the same strictly in accordance with law, through a reasoned order, after hearing all the necessary parties, within a period of 45 days…”

3. AND WHEREAS, in compliance of aforementioned Court’s order, the petitioners were afforded an opportunity of personal hearing in the presence of representative of Chief Executive’ Officer, District Education Authority, Bahawalnagar and heard at length. A report was also sought from Chief Executive Officer, District Education Authority, Bahawalnagar. The available record was perused and following facts revealed:-

i. The petitioners were appointed as Secondary School Educators (SSE) (Arts) in the year 2009 and were regularized as Secondary School Teachers (SST) (Arts) under Notification dated 19.10.2009;
ii. Govt. of the Punjab, School Education Department vide Notification No. SO(S-II1)2-16/2007 dated 24.09.2007 approved the following structure for uplift & upward mobility of SSTs (Male & Female) in Punjab w.e.f. 01.09.2007:-

iii. Govt. of the Punjab. School Education Department, vide letter No SO(SE-III) 2-16/2007 dated 30 08.2010 issued instructions for preparation of seniority lists of contract teachers as under:

a. A consolidated merit list as per each advertisement shall be prepared for each category of contract teachers prior to 19.10.2009.

b. Persons initially appointed on the recommendations of the selection authority through an earlier open advertisement shall rank senior to those appointed through subsequent open advertisement.

c. If two or more persons are recommended in open advertisement by the selection authority their inter se seniority shall the determined in order of merit assigned by the selection authority.

d. In case of same merit marks, the elder one will be considered senior.

iv. Govt. of the Punjab, School Education Department, vide Notification No SO(SE-III) 2-16/2007 (P-V) dated 07.08.2015 further clarified as under:-

“After regularization, their seniority is to be determined under Section 7 of the Punjab Civil Servants Act, 1974 and Rule 8 of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974-Section 7 (1) of the Act ibid provides that seniority on initial appointment to a service, cadre or post shall be determined in the prescribed manner. Rules 8 (1) (a) of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 provides that seniority inter se of persons appointed to posts in the same grade in a functional unit shall be determined in the case of persons appointed by initial recruitment, in accordance with the order of merit, assigned by the Selection Authority provided that the persons, selected for appointment to the grade in an earlier selection shall rank senior to the persons selected in later selection”

v. A meeting of Departmental Promotion / Selection Committee, District Bahawalnagar was held on 04.10.2017 under the Chairmanship of Deputy Commissioner, Bahawalnagar to consider the cases of SST (Male) for award of BS-17 under Uplift and Upward Mobility Package. The seniority list was prepared on the basis of date of joining of the teachers;

vi. The petitioner during personal hearing submitted that seniority list for award of BS-17 under Uplift & Upward Mobility Package was prepared keeping in view the date of joining of the Educators; whereas, it was to be considered as per merit position mentioned in the consolidated merit list of Educators that was issued / displayed at the time of recruitment of Educators;

vii. Govt. of the Punjab School Education Department vide Notification No. SO (SE-III) 5-11/2016 dated 25.09.2017 has up-graded the post of PST from BS-09 to BS-14 and EST from BS-14 to BS-15. Those already working in BS-15 (personal) are granted two annual increments in relevant pay scales. The Uplift & Upward Mobility Packages already awarded vide Notification No. SO(SE-III)2-16/2007 dated 24.09.2007, 06.11.2009 and 15.02.2013 has been discontinued w.e.f. 01.01.2018;

viii. The Departmental Representative during personal hearing submitted that the petitioners were recruited under contract Recruitment Policy, 2009 against specific post and school. Their merit was calculated on school basis not on consolidated merit list. The appointment order of petitioners was considered actualized w.e.f. the date of their first joining. Further, tentative seniority list was circulated and on receiving no objections was notified. The petitioners being low in seniority ware not considered for award of BS-17 under Uplift & Upward Mobility.

5. AND WHEREAS, it revealed from perusal of the record that as per instructions issued by the Department vide letter No. SO(SE-III)2-16/2007 dated 30.08.2010 seniority of Educators was to be maintained keeping in view the merit position of their recruitment and not date of joining. CEO (DEA), Bahawalnagar prepared seniority list by considering the date of first joining of Educators instead of merit position which is violative to instructions issued by the department and Rule-7 of Punjab Civil Servants Act, 1974. Thus, the contention of petitioners to award them BS-17 under uplift & upward mobility package 2017 is plausible.

5. NOW THEREFORE, I, Secretary, School Education Department, hereby dispose of the representation of the petitioners with the direction to CEO (DEA) Bahawalnagar to place the case of the petitioners before Departmental Promotion / Selection Committee Bahawal Nagar / Competent Forum for its consideration and decision as per law / rules.

Zaffar Iqbal
Secretary School Education

Dated Lahore
21-12-2018

A copy is forward for further information and necessary action :

1. Assistant Registrar to Deputy Registrar , Honourable Lahore High Court Bahawalpur Bench w.r.t. to writ petition No. 9495/2018

2. The Deputy Commissioner , Administrator DEA Bahawalpur 

3. The Chief Executive Officer District Education Authority BahawalNagar 

4. Mr. Muhammad Khalid Bashir S/O Bashir Ahmad SST CS in GBHS Chak No. 279/HR  Tehsil Fortabbas District Bahawalnagar

5. Mr. Muhammad Iqbal Javed S/O Muhammad Hussain SST CS Chak No. 303/HR Tehsil Fortabbas District Bahawalnagar

6. Mr. Muhammad Rafique S/O Ghulam Qadir SST (General) GBHS Chak No. 293/HR  Tehsil Fortabbas District Bahawalnagar 

7. Mr. Sohaib Ahmad  S/O Riaz Ahmad  SST CS Chak No. 293/HR Tehsil Fortabbas District Bahawalnagar

8. Mr. Syed Saqlain Qaisar Qaisar S/O Ali Asghar Shah  SST CS  District Bahawalnagar

9. Mr. Zafar Iqbal S/O Barkat Ali R/O Chak No. 227/9R Tehsil Fortabbas District Bahawalnagar

ASMA AHMAD
SECTION OFFICER (se-III)

CC:

1. PS to Secretary School Education 

2. PS to Special Secretary Education(Operation) 

3. PSs to Additional Secretaries (Schools) / (General)

4. PAs to Deputy Secretaries (EE) / (Legal)