Law:

Section:

Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974-------R. 17-A---Constitution of Pakistan (1973), Art.199---Constitutional petition--Appointment of one of the unemployed children of deceased civil servant---Petitioner, who was one of the sons of deceased civil servant, had prayed that he should be adjusted and appointed on the post of junior clerk in pursuance of provisions of R.17-A of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974---Said rule had provided that only one child of a Government Servant who died during service, could get job against a post in BPS-1 to 5 in the department in which deceased was working at the time of his death---Petitioner's brother was already appointed as Naib Qasid in the department under R.17-A of Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, as only one child of deceased could get benefit of R.17-A of Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, application of the petitioner, was rightly rejected in circumstances. M.H. Sajid Sial for Petitioner. Kalim Ilyas, A.A.-G. for Respondents. Date of hearing: 16th July, 2010. JUDGMENT MAMOON RASHID SHEIKH, J.--- The report and parawise comments have been filed by the respondents. The learned counsel for the petitioner states that he has gone through the same and is ready to argue the petition. 2. With the consent of the parties this petition is being treated as a Pacca matter and shall be disposed of on the basis of the available record. 3. The petitioner has, inter alia, prayed that a direction may be issued to the respondents to adjust and appoint the petitioner on the job applied for by him i.e. to the post of Junior Clerk, in pursuance of the provisions of Rule 17-A of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974. 4. Rule 17-A of the Rules (ibid), inter alia, provides that only one child of a Government Servant who dies during service or is declared invalidated/incapacitated for further service can get a job against a post in BPS-1 to BPS-5 in the Department in which such Government Servant was working at the time of his death provided…

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