Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Civil service--- ----Policy providing quota for employing children of Government employees, who died in service---Prospective effect---Respondents father died in the year 1995 while he was in regular service---At that time, there was no scheme/policy in field for induction of family member of deceased civil servant in service, and it was only in the year 2006 that the Federal Government issued the `Assistance Package for Families of Government Employees who die in service, wherein employment for posts in BS-01 to BS-15 without advertisement was provided for the families of deceased government employees---Said Assistance Package and the subsequent amendments therein did not contain any provision which gave it retrospective effect especially when the grievance of respondent was agitated with a lapse of almost 17 years---Respondent was not deprived of any right accrued to him at the relevant time, when he was not appointed in pursuance of the Assistance Package in question--- Appeal was allowed. (b) Interpretation of statutes--- ----Statutes/notifications/executive and administrative orders---Operated prospectively unless retrospective operation was expressly provided for therein. Hashwani Hotels Ltd. v. Federation of Pakistan PLD 1997 SC 315 ref. JUDGMENT SAYYED MAZAHAR ALI AKBAR NAQVI, J.---Through this appeal by leave of the Court under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, the appellant has called in question the judgment dated 16.10.2018 passed by the Peshawar High Court, Peshawar, whereby the writ petition filed by the respondent No. 1 was allowed. While handing down the judgment, the learned High Court directed the appellant department to appoint the respondent No. 1 in pursuance of Prime Ministers Assistance Package for Families of Government Employees who die in service dated 13.06.2006 to be effective from 01.07.2005, which was further amended on 20.10.2014, 04.12.2015, 09.09.2016. 2. Briefly stated the facts of the matter are that respondents father while working as Senior Auditor in the office of Accountant General KPK, Peshawar, died on 24.10.1995. On 13.06.2006 the Government of Pakistan issued Assistance…

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