Through this writ petition a direction has been sought from this Court to appoint a Chowkidar under Section 17-A of Punjab Civil Servant (Appointment and Conditions) Service Rules, 1974.
2. Facts of the case as stated in the petition are that the petitioner's father was appointed as Chowkidar (BS-1) at Government Commercial Training Institution, Okara, which was working under Technical Education and Vocational Training Authority (TEVTA). He died on 01.07.2016 while being posted at Government Technical Training Institute Boys, Khanewal Road, Vehari. It was stated that vide Notification dated 23.08.2016, the petitioner's father was shown to have been transferred from Government Technical Training Institute Boys, Khanewal Road, Vehari to Higher Education Department, Punjab although he had already died by that time. It was further stated that pension of the petitioner's father was also being received from TEVTA. When the petitioner filed the application under Rule 17-A of Punjab Civil Servant (Appointment and Conditions) Service Rules, 1974 with TEVTA the said application was rejected on the ground that the petitioner's father was not the employee of TEVTA at the time of his death.
3. Report and parawise comments have been submitted by the respondents in which the stance of the petitioner has been controverted. It was stated that vide Notification dated 31..407.2012, the Commerce Institutions were transferred from TEVTA to Higher Education Department and thereafter an anomaly committee was constituted which decided to transfer all the commerce employees working under TEVTA on the basis of their first joining. The petitioner's father earlier filed Writ Petition No, 11177 of 2012 wherein Notification dated 31.07.2012 was suspended but the matter was subsequently disposed of and the case of the petitioner's father was sent to the anomaly committee. The anomaly committee in .its meeting passed the transfer order of the petitioner's father on 23.08.2016 but he had already passed away on 01.07.2016. It was thus contended that the petitioner cannot be granted employment in TEVTA.
4. Even if the petitioner's father is assumed to be an employee of TEVTA at the time of his death, the petitioner's right to claim employment under Rule 17-A of Punjab Civil Servant (Appointment and Conditions) Service Rules, 1974 cannot be accepted. TEVTA is regulated by the Punjab Technical Education and Vocational Training Authority Act, 2010 (the Act) under the terms whereof it is a body corporate and is managed by a chairperson and fifteen members. TEVTA under the terms of its Act prescribes the terms and conditions of the employment of the officers and the other employees. In terms of Section 21 of the Act, the employees of TEVTA are public servants. Under Section 23 of the Act, Punjab Technical Education and Vocational Training Authority Rules, 2011 have been framed which stipulate that the TEVTA shall formulate its own service regulations for its employees.
5. It is thus clear from the various provisions of TEVTA Act and the Rules framed thereunder that the employees of TEVTA are governed by their own service regulations and that Rule 17-A of Punjab Civil Servant (Appointment and Conditions) Service Rules, 1974 has no applicability to its employees. In the circumstances, the petitioner's application for seeking appointment as Chowkidar was rightly rejected by TEVTA.
6. This writ petition being devoid of any merit is accordingly dismissed.