Case Details

Citation(s)
2010 SLG 3257 2010 SLD 3257 2010 PLC 1427
Lahore High Court
Writ Petition No. 1730 of 2010, decided on 16th June, 2010.
SYED AKHLAQ AHMAD, J

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Constable MUHAMMAD AZEEM and 5 others

VS

DISTRICT POLICE OFFICER, KHANEWAL

Law: Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974

Section: 17-A

Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974---   ----R. 17-A---Constitution of Pakistan (1973), Art.199 ---Constitutional petition---Recruitment of Constables in Police Department on Family Claim Basis by orders of Inspector-General of Police---Issuance of show-cause notices to petitioners for terminating their service alleging their appointment to be illegal and against the Rules---Validity---According to rules contained in Standing Order No. 1 of 2008 and Letter No. 126-260, dated 5-1-2009 issued by Inspector-General of Police, son of Police Officer/official could claim his appointment on Family Claim Basis only when his father dies or declared invalidated/ incapacitated for post or martyred---Fathers of petitioners were alive and serving in Police Department---Appointment orders of petitioners were issued and implemented in letter and spirit by competent authority two years back---Vested rights had accrued in favour of petitioners due to irregularity/illegality committed by department itself---Appointment orders of petitioners in such circumstances could not be withdrawn or rescinded to their detriment---High Court declared impugned show-¬cause notices as illegal and void.    Chairman, Selection Committee/Principal, King Edward Medical College, Lahore and 2 others v. Wasif Zamir Ahmad and another 1997 SCMR 15; Bashir Ahmad Solangi v. Chief Secretary Government of Sindh Karachi and others 2004 SCMR 1864; Fuad Asadullah Khan v. Federation of Pakistan through Secretary, Establishment and others 2009 SCMR 412 and District Coordination Officer, District Dir Lowe and others v. Rozi Khan and others 2009 SCMR 663 rel. ORDER SYED AKHLAQ AHMAD, J.--- Petitioners through this writ, have prayed that show-cause notices issued to them by the District Police Officer Khanewal/respondent be declared illegal, ultra vires, void ab initio and be also cancelled. 2. Contents of the writ petition show that the petitioners were educated and recruited as constables in the Police Department District Khanewal as under: Name Education Date of Recruitment Muhammad Azeem M.Com 10-1-2008 Muhammad Aamir F.A. 27-12-2007 Muhammad Waryam F.A.…
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