Ref. No.

PBTE/CS/2012/___

Dated: 28-02-2012

The Chairman, Punjab Board of Technical Education, Lahore.

Subject :

REPRESENTATION AGAINST THE APPOINTMENT `OF TECHNOLOGY SUPPORT OFFICER (INCHARGE ICT SECTION) - (BPS-18) ON CONTRACT BASIS IN COMPUTER SECTION OF THE PBTE

Respected Sir, It is respectfully submitted that : 1) The computer section was established in the PBTE in 1988 and a post of BS-18 was also created in the computer section in the year 1993 besides posts of Computer Programmer (BS-17), Junior Computer Programmer (BS-16), network Administrator (BS-17), Database Administrator (BS-17), Data Processing Officer (BS-17) and Data Entry Operators (BS-11) etc. 2) The Service Rules were also approved by the Board for all the above posts and provision was made to fill the abovesaid posts of BS-18 & 17 through promotion criteria as laiddown by the Government. 3) On ------, the following posts have been advertised in the news papers to be filled on contract basis: i. Technology Support Officer (BS-18) / (previous name, System Analyst BS-18) ii. Computer Programmer (BS-17) Not vacant iii. Network Administrator (BS-17) This post is not vacant iv. Junior Computer programmer (BS-16) v. . 4) Sir, I have the following observations in connection with the advertisement and the criteria to fill all the posts on contract basis instead of regular basis. a) The post of System Analyst (Bs-18) was created in the computer section in 1993 and according to the approved Service Rules, the same post should be filled through promotion amongst the computer programmers (BS-17) or its equivalent posts. But, according to the

advertisement published on ---, I have come to know that the post of System Analyst (BS-18) has been renamed as Technology Support Officer (BS-18), qualification and experience have also been changed alongwith the criteria for appointment. The change criteria in service rules to fill the BS-18 post on contract basis instead of regular basis through promotion is against the basic criteria of service rules and such rules / recruitment method are not available in any Government organization. Moreover, the same criteria is also against the spirit of service rules approved by the Government. b) Presently, I am working in BS-17 against technical post and have experience of the Board for more than 19 years and eligible for promotion in BS-18 but by changing criteria, I have been forcefully debarred from promotion in higher scale BS-18 which is not covered by any Rule/ Law or regulation. 5) It is further added that the under Contract policy 2004 of the Government of the Punjab, adopted by the Board in its meeting held on 20-10-2005, reproduced below : i. Under Rule 3(i) of the said Contract Policy 2004 The posts which have no financial responsibility , may be considered to be filled on contract basis in the pay scale of the post while the post having high level of financial responsibility be considered for appointment on regular basis or on contract basis with higher pay package. and; Under Rule 3(iv), In case a post has been created for a specific period than the appointment shall be made on contract basis. Thus project post shall always be filled on contract basis. The post created for an indefinite period or permanent basis, could only be considered for appointment on regular basis.

ii.

The post of BS-18 has been created in the computer section for indefinite period in 1993 which holds job descriptions of highly sensitive nature, having high level financial responsibility and therefore, cannot be filled on contract basis under the above Rules of Contract policy 2004 of the Government of Punjab. Moreover, according to the Rules, if an officer having the required qualification and experience is available in the organization then there is no justification to fill the post on contract basis from outside the organization. Moreover, as per circular No. SOR.III-114/75(p) dated 5th October 1987, it was pointed out that Section 8 of the Punjab Civil Servants Act. 1974, read as under :

A civil servant possessing such minimum qualifications as may be prescribed shall be eligible for promotion to a higher post for the time being reserved under the rules for departmental promotion in the service or cadre to which he belongs. Moreover, under Rule 14 of the Punjab Civil Servants (Appointment & Conditions of Service) Rules, 1974, as amended vide notification No. DOR-III-1-14/75, dated 28th July 1987, read as under : All persons holding posts in the same functional unit who possess the minimum qualification and experience prescribed for a higher post reserved for departmental promotion, shall be eligible to complete for promotion in the manner and subject to the conditions as may be prescribed Further added that under the Government instructions, a civil servant is eligible to be considered for appointment by promotion to a post reserved for promotion in the service or cadre to which he belongs in a manner as may be prescribed; provided that he possesses the prescribed qualifications. The present change of criteria to fill the posts on contract basis is not covered under any Law and is thus a clear violation of Punjab Civil Servants Act 1974. As per Punjab Civil Servants Act 1974, any promotion not fulfilling the above requirement would, therefore, be violative of Rule 14 of the Punjab Civil Servants (Appointment & Conditions of Service) Rules, 1974 and would not be legally sustainable. In the light of above narrated facts, it is humbly requested that my submissions may kindly be considered sympathetically and I may please be promoted against BS-18 on regular basis. I reserve the rights to seek legal remedy in the matter in case of non provision of justice.

Yours obediently,

(Syeda Fatima Iqbal) D.P.O, PBTE