THE KHYBER PAKHTUNKHWA ELEMENTARY

EDUCATION FOUNDATION BOARD

NOTIFICATION

Peshawar, dated the 25.11.2013.

No. SO(AB)E&SE/15-1/EEF/2013.-In exercise of the powers conferred by section 11 of the Khyber Pakhtunkhwa Elementary Education Foundation Ordinance, 2002 (No. XXX of 2002), the Board of Directors of Elementary Education Foundation with the approval of the Government of the Khyber Pakhtunkhwa, is pleased to make the following regulations, namely:

THE KHYBER PAKHTUNKHWA ELEMENTARY EDUCATION FOUNDATION EMPLOYEES (TERMS AND CONDITIONS OF SERVICE) REGULATIONS, 2013.

Part-I

GENERAL

1.         Short title and commencement.---(1)  These regulations may be called the Khyber Pakhtunkhwa Elementary Education Foundation Employees (Terms and Conditions of Service) Regulations, 2013.

(2)       They shall come into force at once.

2.         Definitions.---In these Rules, unless there is anything repugnant in the subject or context,-

(a)       “Ad hoc Appointment” means temporary appointment of a duly qualified person made otherwise than in accordance with the prescribed method of recruitment, pending the recruitment in accordance with such method;

(b)       “Appointing Authority” in relation to a post means the person authorized under regulation 3 to make appointment to that post;

(c)       “Pay” means an amount drawn by an employee monthly and includes special pay, personal pay and any other amount declared by the competent authority to be a part of the pay;

(d)       “Appendix” means the Appendix appended to these regulations;

(e)       “competent authority” in relation to exercise of any power means, the officer to whom such power have been delegated by the Board;

(f)        “employee” means an employee of the Foundation;

(g)       “Selection and Promotion Board” means the Selection and Promotion Board constituted under regulation 4;

(h)       “Selection and Promotion Committee” means the
Selection and Promotion Committee constituted under regulation 5; and

(i)        “Executive and Human Resource Committee” means the “Executive and Human Resource Committee” constituted by the Board under sub-section (7) of section 5 of the Khyber Pakhtunkhwa Elementary Education Foundation Ordinance, 2002 (Khyber Pakhtunkhwa Ord. No. XXX of 2002).

Part-II

METHOD OF APPOINTMENTS

3.         Appointing Authority.---The authorities competent to make appointment to various posts specified in the Appendix shall be as follows:

4.         Selection and Promotion Board.---A Selection and Promotion Board constituted by the Board shall consist of the following:

5.         Selection and Promotion Committee.---A Selection and Promotion Committee constituted by the Board shall consist of the following, namely;

6.         Method of Appointment.---Appointment to posts shall be made by any of the following methods, namely:

(a)       By initial recruitment in accordance with the provisions contained in the Appendix and every vacant post of any pay scale which falls under direct recruitment quota shall be advertised through the press and selection will be made on the basis of merit given due weightage to the educational qualification, experience, aptitude and permanency of tenure; and

(b)       by promotion or transfer.

7.         Appointment by promotion or transfer: Except, as otherwise provided in these regulations, appointment by promotion or transfer to a post, in respect whereof the Appointing Authority under regulation 3 is the Chairman, shall ordinarily be made upon the recommendation of the Selection and Promotion Board or in respect whereof the Appointing Authority is the Managing Director, shall ordinarily be made on the recommendation of the Selection and Promotion Committee for promotion, as the case may be.

            (2)       Appointment by transfer shall be made from amongst the persons holding appointment on regular basis in the same pay scale, in which the post to be filled, exists.

            (3)       Persons possessing such qualifications and fulfilling such conditions as laid down in the Appendix for the purpose of promotion or transfer to a post shall be considered by the Selection and Promotion Board or the Selection and Promotion Committee for promotion or transfer, as the case may be.

            (4)       A person appointed against a post by promotion or transfer shall retain his/her lien during the period of probation on the post vacated by him/her.

8.         Ad hoc appointment.---When the Appointing Authority considers it to be in the public interest to fill in a post urgently, it may, proceed to fill in such post on adhoc basis for a period not exceeding one year by advertising the same in accordance with the provisions contained in the appendix.

9.         Deputation.---(1) The Foundation may appoint on deputation, a regular employee of Federal Government or a Provincial Government or autonomous or semi-autonomous body or corporation under the administrative control of the Provincial Government against a post in the Foundation through deputation, provided that concern meets the minimum criteria prescribed for the post.

            (2)       The terms & conditions of deputation of an employee shall be determined in accordance with the provision for deputation in both the organizations, under their respective rules or regulations. In case of any contradiction in rules or regulations governing the deputation in the two organizations, mutual consent of the appointing authorities of both organizations may be obtained for removal of contradictions. The terms and conditions should be acceptable to both the organizations i.e. Government, autonomous or semi autonomous organizations under the administrative control of the Federal or any Provincial Government, allowing deputation of its employee and the Foundation

10.       Initial appointment through absorption.---The existing employees of the Foundation as on commencing day of these regulations, shall be absorbed in the equivalent pay scale. As the post of Community Literacy Officer has been upgraded as District Programme Officer BPS-17 hence the existing Community Literacy Officers shall be upgraded and absorbed as District Programme Officers in BPS-17.

11.       Appointment by promotion.---(1) Every employee possessing the prescribed minimum qualifications, length of service and other conditions, shall be eligible for promotion to a higher post for the time being reserved for promotion on the basis of seniority and performance evaluation report.

            (2)       The Selection and Promotion Board or Selection and Promotion Committee, as the case may be, shall consider the cases of eligible employees in order of their seniority and performance and shall recommend:

(a)       suitable employees for selection and promotion to higher post; or

(b)       supersession of employee(s) on ground being unfit for promotion; or

(c)       Deferment of consideration of employee(s) promotion, if-

(i)        performance evaluation report is incomplete or any other document or information required by committee, as the case may be, for determining employee's fitness for promotion is not available; or

(ii)       disciplinary or departmental or criminal proceedings are  pending the employee whose promotion case comes up for consideration; or

(iii)     the employee is on deputation abroad with a foreign government,  private organization or an international agency; or

(iv)      the employee does not possess the requisite length of service; or

(v)       the employee has not undergone the prescribed training or passed the  departmental examination required for promotion or the employee's  seniority is subjudice:

            Provided that in case of deferment a post shall be reserved for the employee or, if it is filled, it shall be subject to the condition that when the employee is subsequently promoted without having been superseded, the arrangement may be reversed and the junior most person, promoted due to such deferment shall be reverted to lower post.

            (3)       The employee superseded by the Selection and Promotion Board or the Selection and Promotion Committee for promotion, as the case may be, shall not be considered for promotion unless he/she has earned one more performance evaluation report for a full year.

            (4)       Deferred promotion case of the employee shall be considered when the reason for his deferment ceases to exist-as the case may be.

            (5)       The Appointing Authority may approve the promotion of an officer or official  from  the  date  on  which  the  recommendation  of  the  appointment or  promotion was made.

            (6)       An officer or official who expires or superannuates after the recommendations of the Selection and Promotion Board or the Selection and Promotion Committee, as the case may be, and before the issuing of the notification, shall stand exempted from assumption of the charge of the higher post. The Managing Director shall give a certificate to the effect that the officer or official has expired or superannuated.

            (7)       Only such person, who possess the required qualifications and meet the conditions laid down for the purpose of promotion to a post, shall be considered by the Selection and Promotion Board or the Selection and Promotion Committee, as the case may be.

            (8)       No promotion on regular basis shall be made to posts in pay scales 17 and above or equivalent unless the officer concerned has completed such conditions mandatory for promotion (including required qualification, length of service and training etc) prescribed for the post in the Appendix.

            (9)       Length of service for promotion shall be counted as the length of service in a post or scale in addition to the other qualification required for promotion to the higher post.

            (10)     The period of extraordinary leave or any other period of service which is not considered as service qualifying for pension shall not be counted towards length of service for promotion.

 12.      Other Provisions.

(1)       Quota for Disabled Persons.---Two percent quota shall be fixed for disabled persons possessing required qualifications and fulfilling appointment criteria for initial recruitment:

            Provided that in case of non-availability of suitable candidate on disabled quota of required qualifications, experience or other appointment criteria, the Selection and Promotion Board or Selection and Promotion Committee, as the case may be,  upon getting satisfied that no such persons are available on reserved quota, may appoint from amongst other suitable candidates.

(2)       Quota for Females.---Ten percent quota shall be fixed for females possessing required qualifications and fulfilling appointment criteria for initial recruitment:

            Provided that in case of non-availability of suitable candidate on female quota of required qualifications, experience or other appointment criteria, the Selection and Promotion Board or the Selection and Promotion Committee for promotion, as the case may be, upon getting satisfied that no such persons are available on reserved quota, may appoint from amongst other suitable candidates.

            (3)       Transfer and Posting: - All employees shall serve at any post of a grade or equivalent within the Foundation. Any officer or official may be transferred or posted or given charge of any equivalent or higher post, in accordance with these regulations.

13.       Seniority.---(1) The Seniority inter se of the employees in various  pay scales shall be determined:

(a)       in the case of persons appointed by initial recruitment, in accordance with the order of merit assigned by the Selection and Promotion Board, or the Selection and Promotion Committee, as the case may be, or where no order of merit can be assigned between persons due to their belonging to different posts with reference to the date of appointment to such posts; provided that-

(i)        if the two dates are the same, the older in age shall rank senior to the younger; and

(ii)       a person selected in an earlier selection shall rank senior to a person selected in a later selection; and

(b)       in the case of persons appointed by promotion, with reference to the dates of their continuous regular appointment; provided that persons selected for promotion in one batch shall, on their promotion, retain their inter-se- seniority as in the lower pay scale.

EXPLANATION:

(i)        if a junior employee in a lower pay scale is promoted to a higher pay scale temporarily, even though continuing later permanently in the higher pay scale, it shall not adversely affect the interest of his seniors in the fixation of his seniority in the higher pay scales;

(ii)       if a junior employee in a lower pay scale is promoted to a higher pay scale by superseding a senior employee and subsequently that employee is also promoted to the same pay scale, the employee promoted first shall rank senior to the employee promoted subsequently; and

(iii)     a junior employee appointed to a higher pay scale shall be deemed to have superseded the senior employee only if both the junior and senior employees were considered for the higher pay scale and the junior employee was appointed in preference to the senior employee.

            (2)       Seniority in various pay scales of employees appointed by initial recruitment vis-à-vis those appointed otherwise shall be determined with reference to the dates of their regular appointment to a post and if two dates of appointments on regular basis are the same, the person appointed otherwise shall rank senior to the person appointed by initial recruitment.

PART-III

PROBATION AND CONFIRMATION

14.       Probation.---A person appointed to a post on regular basis shall remain on probation for a period of one year, if appointed by initial recruitment or by promotion, provided that his/her work or conduct during the period of probation has, in the opinion of the Appointing Authority, not been found satisfactory, the Appointing Authority may, notwithstanding that the period of probation has not been expired,-

(a)       dispense with his/her services, if he/she has been appointed by initial recruitment; or

(b)       revert him/her to his former post, if he has been appointed by promotion, or if there is no such post, dispense with his/her services; or

(c)       extend the period of probation for a period not exceeding one year in all and may, during or on the expiry of such extended period, pass such orders as it would have during or on the expiry of the initial probationary period.

15.       Confirmation.----(1) After successful completion of the period of probation and on passing such prescribed test or examination or acquisition of any certificate, diploma or degree, as may be prescribed in the letter of appointment, employee shall be eligible for confirmation: provided that he holds a substantive post.

            (2)       An employee, who during the period of his/her service, was eligible to be confirmed but retires before being confirmed shall not merely by attaining the age of superannuation be refused, confirmation or any other benefit accruing there from.

            (3)       There shall be no confirmation against a temporary post or in case of an employee under enquiry till the inquiry is completed and he is exonerated from the allegations or charges, leveled against him.

PART -IV

RETIREMENT, RESIGNATION

AND TERMINATION

16.       Retirement.---(1)  An employee shall retire from service-

(a)       on such date after he has completed twenty-five years of service, the Appointing Authority may, after review and recommendation of the employee’s specific request by the Executive and Resource Committee, approve the case;

(b)       where no direction is given under clause (a) on completion of the sixtieth year of his/her age; and

(c)       an employee can be offered retirement with all benefits covered under the prevailing rules and regulations if he ceases physical or mutual capability upon the recommendation of the Medical Board constituted by the Executive and Human Resource Committee.

17.       Resignation.---(1) An employee may resign from service of the Foundation by giving one month’s notice in writing. The resignation shall become effective on the expiry of the said period of notice.

            (2)       No resignation shall become effective during the pendency of any disciplinary proceedings against an employee.

            (3)       An employee shall have an option to surrender to the Foundation at any time during the continuance of the notice a sum equal to gross pay including all allowances if any for the unexpired period of notice, in which case the resignation shall become effective on the date of such payment:

            Provided that Appointing Authority may, at the request of the employee, waive the unexpired period notice and forego any payment in lieu thereof and accept his resignation notwithstanding the pendency of any disciplinary proceedings against such employee whereupon the service of that employee shall stand discontinued:

            Provided further that if the Appointing Authority discontinues the service of an employee before the expiry of the notice period, the employee shall be paid a sum equal to his pay and all allowances for the unexpired period notice.

            (4)       Unless the resignation becomes effective in one of the way mentioned herein, the employee shall not absent himself from the duty without prior approval of competent authority. The leave shall be taken in writing and approved by the competent authority if the employee has leave balance in his account. On willful contravention of this provision the employee shall forfeit to the Foundation an amount equal to his basic pay including personal pay for the unexpired period of notice and may also be liable to dismissal.

            (5)       An employee who is on probation or has been employed on temporary basis may resign his service in the Foundation at seven (7) days prior notice. The resignation shall not become effective unless accepted by the Appointing Authority on such acceptance the service of such employee shall stand discontinued. However the acceptance in any case other than disciplinary proceedings, should be within thirty (30) days of receipt of the resignation by the competent authority.

18.       Termination.---(1)  The Appointing Authority may terminate the service of an employee by giving him one month notice with the reasons recorded in writing or by way of punishment duly awarded in accordance with these regulations. Termination is also admissible during probation.

            (2)       The Appointing Authority shall have the option to pay to the employee at any time during the continuance of the notice a sum equal to his basic pay and allowances for the unexpired period of notice in which case the termination shall become effective on the date such payment is tendered.

            (3)       The Appointing Authority may terminate the service of any employee, on probation or on a temporary basis at one month notice in writing with the reasons recorded in writing or by way of punishment duly awarded in accordance with these regulation.

PART-V

GENERAL RULES

19.       In all matters not expressly provided for in these regulations, an employee shall be governed by such rules/regulations as have been or may thereafter be made by Government and applicable to him.

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APPENDIX

Sd/-xxx

Government of the Khyber Pakhtunkhwa

Elementary and Secondary Education Department.