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

Section: 17-A

Law: Constitution of Pakistan, 1973

Section: 25,199

(a) Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974---   ----R. 17-A---Constitution of Pakistan (1973), Arts.25 199 ---Constitutional petition---Death of Secondary School Teacher during service---Married daughter of deceased civil servant already serving as Elementary School Educator---Petitioners application for appointment on advertised post of Secondary School Educator---Refusal of authority to award 10 additional marks in aggregate to petitioner for being a non-dependant daughter of deceased civil servant---Validity---No distinction between a male, female, dependent or non-dependant child was provided under R. 17-A of Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974---Awarding such marks to only male married child, but refusing to award same to female on ground that she was married and dependent on her husband would be entirely discriminatory and violative of Art. 25 of the Constitution---Such additional mark could be awarded to one unemployed child of deceased irrespective of being male or female, married or unmarried---Intention of Legislature to frame R. 17-A of Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 was to assist one child of deceased civil servant with ultimate object to provide stability to family of deceased---Petitioner for being already an employed civil servant was not entitled to award of such marks---High Court dismissed constitutional petition in circumstances.    Syed Shujhat Hussain Kazmi v. Mst. Nazish Kazmi 2007 CLC 1771 and Qaiser Javed Malik v. Pervaiz Hameed and 2 others 2009 SCMR 846 ref.   (b) Interpretation of statutes---   ----Words used in a statute, if clear and unambiguous, then literal construction would be followed---Intention of Legislature would be seen from words themselves without introducing foreign element. ORDER MUHAMMAD FARRUKH IRFAN KHAN, J.-- Miss Iffat Tahira daughter of Manzoor Azhar petitioner through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 prays as under:- that the act of respondents about curtailing 10-marks of the petitioner being daughter of a teacher…

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