Law: Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974

Section: R.17A

Law: Qanun-e-Shahadat (10 of 1984)

Section: 124

(a) Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974--- ----R. 17-A---Qanun-e-Shahadat (10 of 1984), Art. 124---Government of Punjab Notification No. FD SR-II-4-109-/88 dated 22-07-1998---Missing civil servant---Appointment of Child of such Civil Servant---Scope---Father of petitioner being a civil servant disappeared and did not return home---Petitioner applied for appointment under R. 17-A of Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 but his request was declined---Contention of department was that neither services of father of petitioner were regularized nor he died while in service or declared invalidated for further service therefore, R. 17-A of Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 was not applicable to him---Validity---Petitioner's father was missing sincethe year 1997 and till to date he had not been heard of---Under Art. 124 of Qanun-e-Shahadat, 1984 father of petitioner was to be presumed to be dead by operation of law---Civil servant disappeared while in service and he could not be presumed to be retired from service---Retirement notification had been issued on disappearance of petitioner's father with improper words 'retired' in place of appropriate status of 'dead'---Object of R. 17-A of Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 was to accommodate an unemployed child/wife/widow so as to decrease the miseries of the dependents of a deceased/invalidated employee---Narrow consideration that the benefit of the R. 17-A of Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 could only be extended in favour of a civil servant whose death was natural would defeat the very purpose of the enactment---No distinction could be made between civil death and natural death for applying R. 17-A of Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974---Father of petitioner disappeared while in service therefore, he should be considered to be dead while in service for the purpose of extending the benefit of R. 17-A of Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974---Act of…

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