305

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;
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(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:
S.No. Posts. Recommending Appointing
Authority. Authority.

1. Posts in Selection and Chairman

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pay scale 17 Promotion Board.

and above.

2. Posts in Selection and Managing Director

pay scale 16 Promotion
and below. Committee.

4. Selection and Promotion Board.---A Selection and Promotion Board

constituted by the Board shall consist of the following:

1. Secretary to the Govt. Elementary and Chairman

Secondary Education

2. Chairman, Executive and Human Resource Member

Committee

3. Two Members of Executive and Human Members

Resource Committee

4. Managing Director Member

5. Representative of Establishment Department Member

5. Director, Human Resource Management Member

6. Deputy Director, (Human Resource Member-cum-

Management/ Personnel management) Secretary.

5. Selection and Promotion Committee.---A Selection and Promotion

Committee constituted by the Board shall consist of the following, namely;

1. Chairman, Executive and Human Resource Chairman

Committee;

2. Two Members of Executive and Human Members

Resource Committee;

3. Additional Secretary, E&SE Department Member

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4. Representative of Establishment Department, Member

not below the rank of Deputy Secretary; and

5. Director Human Resource Management. Member-cum-

Secretary

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.
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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
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(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.
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(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.
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(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:
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(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
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(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
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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
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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.
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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
Sr Designation and Qualification and Age Mode of
# Grade of the post. experience. Limit. Appointment.
1. Managing Director - - By transfer of
(BPS-20). PMS Officer/
PCS (E.G)/
Secretariat
Groups Officers,
PAS or APUG
Officers
in BS-20.
2. Director Program, - - By promotion,
Outreach and on the basis of
Linkages seniority-cum-
(BPS-19). fitness, from
amongst the
Deputy Directors
having seven
years service as
such; provided
that if no suitable
person is
available for
promotion then
by transfer.

3. Director Quality - - By promotion,

Assurance and on the basis of
M&E (BPS-19). seniority-cum-
fitness, from
amongst the
Deputy Directors
having seven
years service as
such; provided
that if no suitable
person is
available for
promotion then
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by transfer.

4. Director Finance, - - By promotion,

Human Resource on the basis of
Manager and seniority-cum-
Administration fitness, from
(BPS-19). amongst the
Deputy Directors
having seven
years service as
such; provided
that if no suitable
person is
available for
promotion then
by transfer.
5. Deputy Director - - By promotion,
(Programs) on the basis of
(BPS-18). seniority-cum-
fitness, from
amongst the BS-
17 officers in
BPS-17 having
five years service
as such; provided
that if no suitable
person is
available for
promotion then
by transfer.

6. Deputy Director - - By promotion,

(Quality on the basis of
Assurance) seniority-cum-
(BPS-18). fitness, from
amongst officers
in BPS-17
having five years
service as such;
provided that if
no suitable
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person is
available for
promotion then
by transfer.

7. Deputy Director - - By promotion,

(Accreditation) on the basis of
(BPS-18). seniority-cum-
fitness, from
amongst the
officers in BPS-
17 having five
years service as
such; provided
that if no suitable
person is
available for
promotion then
by transfer.
8. Deputy Director - - By promotion,
Finance, Human on the basis of
Resource Manager seniority-cum-
and Administration fitness, from
(BPS-18). amongst the
officers in BPS-
17 having five
years service as
such; provided
that if no suitable
person is
available for
promotion then
by transfer.
9. System Analyst At least Second class 33 to 43 (a) Fifty percent
(BPS-18). Master’s Degree from years by promotion on
recognized University, in the basis of
Information Technology, seniority-cum-
Computer Sciences having fitness, from
system analysis as major amongst the MIS
subject or equivalent Assistants, who
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discipline having eight years possess the

of experience of working in equivalent
public or private sector. qualification and
experience and
prescribed for
initial
recruitment:
provided that if
no suitable
person is
available for
promotion then
by transfer; and

(b) fifty percent

by initial
recruitment.

10. District Program At least Second class 30 to 42 By initial

Officer (BPS-17). Master’s Degree from years recruitment.
recognized University, in
Management, Public
Administration, Economics,
Business Administration
having 4 years experience in
program or project
management, at district
level/grass root level in
public or private sector.

11. Assistant Director/ At least Second class 30 to 42 By initial

Procurement Master’s Degree from years recruitment.
Officer (BPS-17). recognized University, in
Management, Public
Administration, Economics,
Business Administration
having 4 years of experience
of working in public or
private sector in the
equivalent field.
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12. M&E Officer At least Second class 30 to 42 By initial

(BPS-17). Master’s Degree from years recruitment.
recognized University, in
Management, Public
Administration, Economics,
Business Administration
having major equivalent to
M&E having 4 years
experience in program or
project monitoring and
evaluation in public or
private sector.

13. Finance Officer At least Second class 30 to 42 (a) Fifty percent

(BPS-17). Master’s Degree from years by promotion on
recognized University, in the basis of
Management, Business seniority-cum-
Administration, Economics fitness from
having finance as major amongst the
subject OR ACCA OR ACA Accountants
having 4 years’ experience having five
of financial management in years’ service as
public or private sector. such; provided
that if no suitable
person is
available for
promotion then
by transfer; and

(b) fifty percent

by initial
recruitment.
14. Human Resource At least Second class 30 to 42 By initial
Management Master’s Degree from years recruitment.
Officer recognized University in
(BPS-17). Management, Public
Administration, Business
Administration or
Economics having 4 years
experience in equivalent
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field.

15. Law Officer At least first class LLB from 30 to 42 By initial

(BPS-17). recognized University, years recruitment.
having 4 years experience of
serving as legal aide, legal
advisor in a public
organization or law
practicing experience or
LLM having 2 years’
experience of serving as
Legal Aide, Legal Advisor
in a public organization or
law practicing experience.

16. Assistant Director At least Second class 30 to 42 By initial

Continuous Master’s Degree from years recruitment.
Professional recognized University, in
Development Management, Public
(BPS-17). Administration, Economics,
Business Administration
having 4 years’ experience
in human resource
management private or
public sector organization.

17. Accountant (Head Master Degree from 25 to 32 By initial

Office) (BPS-16). recognized University in years recruitment.
Commerce or MBA having 3
years experience in the
equivalent field.

18. Management At least Second class 30 to 40 By initial

Information Master’s Degree from years recruitment.
System Assistant recognized University, in
(BPS-14). Information Technology,
Computer Sciences having
system analysis as major
subject or equivalent
discipline having 4 years of
experience of working in
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public or private sector, post

qualification experience as
IT or MIS Officer.
19. Subject Specialist Master Degree or equivalent 30 to 40 By initial
(BPS-17). qualification in relevant years recruitment.
subjects from a recognized
University with at least four
(4) years of teaching /
teacher training experience.
20. Internal Auditor Master Degree in Commerce 30 to 40 By initial
(BPS-17). or Business Administration years recruitment.
(Finance) with having four
(4) years equivalent
experience.
21. Filed Assistant BA/B.Sc. having one year 23 to 32 By initial
(BPS-14). having one year diploma in years recruitment.
Information Technology.
22. Accountant BBA or B.com from a 23 to 32 By initial
(District Office) recognized university having years recruitment.
(BPS-14). one year diploma in
Information Technology
from recognized institute.
23. Office /Section Bachelor Degree from a 23 to 32 (i) Seventy-five
Assistant recognized University with years per cent by
(BPS-14). one year diploma in IT from promotion on the
a recognized institution. basis of seniority
cum fitness of
Junior Clerks
who possess
BA/B.Sc. degree
having 3 years
experience as
such; provided
that if no suitable
person is
available for
promotion by
transfer; and
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(b) twenty-five
percent initial
recruitment.

24. Junior Clerk FA/F.Sc. having 6 months 21 to 32 By initial

(BPS-07). computer Certificate from a years recruitment.
registered institute.

25. Driver Literate and possessing valid 22 to 32 By initial

(BPS-04). LTV / HTV license. years recruitment.

26. NaibQasid Preferably literate. 22 to 32 By initial

(BPS-01). years recruitment.

27. Chowkidar Preferably literate. 22 to 32 By initial

(BS-01). years recruitment.

Sd/-xxx
Government of the Khyber Pakhtunkhwa
Elementary and Secondary Education
Department.