Case Details

Citation(s)
2018 SLG 674 2018 SLD 674 2018 PLC 381
Peshawar High Court
W.P. No. 3117-P of 2017, decision Date : 26-10-2017.
QAISER RASHID KHAN, JUSTICE, MUHAMMAD YOUNIS THAHEEM, JUSTICE
Raja Muhammad Ejaz for Petitioner. Syed Sikandar Hayat Shah, AAG for official
Respondents.

ANWAR ALI

VS

GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH CHIEF SECRETARY, PESHAWAR AND 3 OTHERS

Law:

Section:

Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion and Transfer) Rules, 1989--- --R. 10(4)---Appointment against the quota for the children of deceased civil servant---Scope---Father of petitioner died while serving in the department and petitioner was minor at that time---Petitioner, on attaining the age of majority submitted application for appointment against quota for the children of deceased civil servant but to no avail---Contention of department was that policy for appointment of children against the quota for deceased civil servant was applicable to those individuals whose parent died on or after 01-01-1988 while father of petitioner passed away in the year 1985---Validity---If a person had put in years long service and given his sweat for the department and died with his boots on then his children could not be deprived of such policy---Beneficial policy had to be for all intents and purposes having retrospective effect---Department was directed to appoint the petitioner as and when post became available by observing quota meant for the children of deceased employees---Constitutional petition was disposed of accordingly. THIS ORDER PASSED BY: QAISER RASHID KHAN, JUSTICE:---.--- Through the petition in hand, the petitioner has prayed as under:- "It is therefore humbly prayed that on acceptance of this writ petition, the respondents may be directed to appoint the petitioner on the post against the deceased government servants children quota, under rules 10(4) of the Government of Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion and Transfer) Rules, 1989 being a deserving, eligible on vacant post of Class-IV." 2. As per averments in the petition, the father of the petitioner, namely Said Wali, while serving as a cook, in the respondent department, died in the year 1985 and at which time the petitioner was…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492