Law:

Section:

(a) Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974--- ---R. 17-A---Constitution of Pakistan, Art. 199---Constitutional petition---Civil service---Retirement of an employee on medical ground on the basis of invalidation certificate---Appointment of one child of a deceased/invalidated/incapacitated civil servant---Scope---Father of petitioner who was working as Naib Qasid was issued invalidation certificate---Employee retired from the government service at the age of 54 years on the basis of said invalidation certificate---Disability of employee was placed in category 'B'---Rule 17-A of Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 did not make any distinction between an invalid category 'A' and 'B' for entering one child of an employee to government service---When a government servant was declared invalid/incapacitated for further service anyone of his unemployed children might be employed by the appointing authority against a post to be filed provided he possessed the prescribed qualification and experience---Government could not be allowed to read into the rule which had not been provided for---Unemployed offspring of a government employee who was retired on the ground that he had become invalid/incapacitated and could not carry on his duties could not be denied employment on the so-called distinction that the incapacity of his father fell in category `B'---Rule 17-A of Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 was designed to lessen the sufferings of an invalid employee---If anyone of his family would take over and step in his shoes then his miseries would be considerably reduced---Said rule was a kind of remedial enactment---Post of Naib Qasid had fallen vacant and petitioner fulfilled the prescribed criteria---No hurdle was available in the appointment of petitioner---Department was directed to issue an employment letter to the petitioner appointing him as Naib Qasid in place of his father---Constitutional petition was accepted in circumstances. Jnan Ranjan Sengupta v. Arun Kumar Bose AIR 1975 SC 1994 International Ore and Fertilizers (P) Ltd. (1987) 4 SCC 203 rel. (b)…

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