Can’t create new posts in PPSC, state told

Ruchika M Khanna

Tribune News Service

Chandigarh, October 22

The Akali-BJP government’s decision to “adjust their loyalists and thwart rebellion” by appointing them to the posts of senior vice-chairmen and vice-chairmen in some important boards and commissions has run into rough weather.

The office of Legal Remembrancer, Punjab, has told the government that it does not have the powers to create these posts in important boards and corporations such as the Punjab Public Service Commission (PPSC) and the Punjab Subordinate Service Selection Board (PSSSB), as it requires amendment to the Constitution – which incidentally is not within the means of the government.

In its advice sent to the state government, a copy of which is with The Tribune, it has been mentioned that the commission has been formed under Article 315 of the Constitution, thus the chairman and other members of the PPSC are to be appointed under Article 316 of the Constitution. “The purpose can be achieved by making amendment to the Article 316. The power to make such an amendment is vested with Parliament,” reads the letter sent to the government.

It was on June 1 that the SAD-BJP government, in its Cabinet meeting, had decided to appoint loyalists to these boards. The Council of Ministers had then decided to create new posts in all 71 boards and corporations and 19 commissions, following which the process was rolled out.

While several of these bodies enacted by the state legislature have already got new incumbents on the newly created posts, the government could not appoint their men on the PPSC and the PSSSB, as these bodies were formed under the provisions of the Constitution. Thus the state had sought the advice from the LR for creating the new posts and for the procedure to be adopted to fill the same.

Giving its advice for the new posts to be created in the PSSSB, the LR office has pointed out that the board has been constituted as per Article 309 of the Constitution. “Only the service rules regulating the recruitment and the conditions of service of persons appointed to such services in connection with the affairs of the state can be made by the Governor,” it says.