Law:

Section:

(a) Constitution of Pakistan--- ----Arts. 199 & 25---Standing Order No.1 of 2008 as issued by Inspector-General of Police Punjab [as amended in June, 2011]---Appointment on the basis of family claim---Discrimination---Change of educational standard---Effect---Petitioner's husband had expired during his service and she claimed that her son was entitled for appointment against the post of Constable---Authorities refused to appoint the petitioner's son on account of his qualification as Middle instead of Matric, as changed on the strength of Notification issued in the year 2014---Contentions of the petitioner were that her husband expired on 11-5-2011, whereas, the subsequent notification issued in the year 2014, whereby the standard of education was changed from middle to matric, could not be applied to the case of the petitioner retrospectively; that two other persons had been accommodated by the authorities, but the petitioner's son was singled out by treating him discriminately---Validity---Once a right had accrued to a person, it could not be taken away subsequently by issuing another notification---Notification having the potential to impair the existing rights or benefits could always be applied prospectively instead of retrospectively---Minimum educational standard to enlist a driver constable under the changed policy would be Matric even for the offspring of "shaheed" or "persons" applying on the family claim basis, but amended Standing Order No.1 of 2008 was to be given effect in the future---Constitutional petition was allowed in circumstances. Messrs Asif Traders and another v. Collector of Customs through Assistant Collector and another 2014 PTD 1057; Muhammad Asif Khan and 173 others v. Azad Government of the State of Jammu and Kashmir through Chief Secretary and 14 others 2014 PLC (C.S.) 534; Atta Ullah and another v. Provincial Police Officer and another 2014 PLC (C.S.) 766; Dr. Syed Ansar Hussain Shah Naqvi v. Khyber Pakhtunkhwa Public Service Commission through Secretary and 4 others 2014 PLC (C.S.) 879 and R.M. Gulistan Engineering and Constructors (Pvt.) Ltd. through Chief Executive v. Collector of Customs (Appeals) and another 2014 PTD…

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