Case Details

Citation(s)
2013 SLG 1794 2013 SLD 1794 2013 PLC 274
Lahore High Court
Writ Petition No.1753 of 2012, decision dated: 9-03-2012
MUHAMMAD FARRUKH IRFAN KHAN, J

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Mst. SUMAIRA

VS

DISTRICT COORDINATION OFFICER/ CHAIRMAN, DISTRICT RECRUITMENT COMMITTEE, SARGODHA and 2 others

Law:

Section:

(a) Punjab Civil Servants (Appointments and Conditions of Service) Rules, 1974--- ----R. 17-A---Constitution of Pakistan, Art.199---Constitutional petition---Employment to children of deceased employee---Object and scope---Basic objective behind R.17-A of Punjab Civil Servants (Appointments and Conditions of Service) Rules, 1974, is to accommodate one unemployed son/daughter of a public servant who dies while in service or is declared invalid for further service. (b) Constitution of Pakistan--- ----Arts. 29, 30 & 199---Constitutional petition---Civil service---Appointment---Policy for recruitment by government---Principle---Proper policy should be based on overall appreciation of prevalent circumstances, social, moral and financial implications---Such policies to be prepared in consonance with existing service rules---Benefit of recruitment of children of deceased employee cannot be taken away or reduced to minimum threshold level on the whims of particular regimes of politicians or a group of executives at the helm of the affairs at the time of framing such policies. (c) Punjab Civil Servants (Appointments and Conditions of Service) Rules, 1974--- ----R. 17-A---Recruitment Policy, 2011---Notification SOR-III (S&GAD) 2-10/2006, dated 26-1-2008---Constitution of Pakistan, Arts.29, 30 & 199---Constitutional petition---Recruitment policy---Employment to children of deceased employees---Notification superseding statutory rules---Father of petitioner, in the present case, was a Government School Teacher, who died during service---Grievance of petitioner was that while preparing merit list, for the post of Secondary School Educator, authorities did not award her ten additional marks under R.17-A of Punjab Civil Servants (Appointments and Conditions of Service) Rules, 1974---Plea raised by authorities was that no additional marks were provided under the policy prepared for recruitment---Validity---Provision of R.17-A of Punjab Civil Servants (Appointments and Conditions of Service) Rules, 1974, was aimed to provide stop gap arrangement for sustainability of a deceased government employee's family on compassionate grounds---Non-adherence of such arrangement…
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