Law:

Section:

(a) Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974--- ----R. 17-A---Notification No.SOR-III (S&GAD) 2-10-2006 dated 5-1-2008---Universal Declaration of Human Rights, Art.7---Constitution of Pakistan, Arts.199 & 25---Constitutional petition---Civil service---Retirement of an employee on medical ground on the basis of invalidation certificate---Rule of appointment of one child of a deceased/ invalidated/ incapacitated civil servant---Scope---Discrimination---Effect---Equality of citizens---Equal protection of law---One unemployed child of a deceased/invalidated/incapacitated government servant should be appointed against a post falling in BS-1 to 5 in the department in which deceased government servant was working without observance of formalities prescribed under the rules if he/she otherwise was eligible---Normal procedure for initial appointment in BS-1 to 5 and to the posts of junior clerks had to be waived of in cases falling under proviso of R.17-A of Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974---Department had appointed two other persons of similarly invalidated employees who were issued invalidation certificate of the same nature---Act of department, in the present case had depicted discriminatory treatment which could not be recognized under the law and even by the Constitution---All citizens similarly placed were to be treated equally and not otherwise---Right to be treated equally was one of the Fundamental Right guaranteed by the Constitution---Treating persons differently and discriminately of the same category by making divergent yardsticks could not be permitted to continue In any manner---All persons would be equal before the law and would be entitled without any discrimination to equal protection of law---Department could not be permitted to treat discriminately the petitioners from other similarly placed persons---Case of petitioners would fall under the proviso of R.17-A of Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 and were also identical to the cases of two persons already appointed by the department---Petitioners were entitled to be appointed in…

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