Law:

Section:

(a) North-West Frontier Province Civil Servant (Appointment, Promotion and Transfer) Rules, 1989-------R. 10---Constitution of Pakistan, Art.199---Constitutional petition---Naib-Tehsildar (BPS-14), post of---Death of petitioner's father during his employment as Extra Assistant Commissioner (BPS-17)---Refusal of authority to consider petitioner for his appointment on such post on ground that his father had died in year 1985 prior to promulgation of North-West Frontier Province Civil Servant (Appointment, Promotion and Transfer) Rules, 1989---Validity---Statute or rule giving right to citizens would always invariably operate retrospectively---Petitioner's father being a former employee having died during his service would be an employee for all intents and purposes notwithstanding Rules giving right to his son were promulgated in 1989---High Court directed authority to appoint petitioner on vacant post of Naib Tehsildar subject to availability of post falling within quota meant for son/daughter of deceased civil servant without making any requisition to Provincial Public Service Commission. (b) Interpretation of statutes- --Retrospective application of statute/rule---Scope---Statute or rules giving right to citizens would always invariably operate retrospectively. Mukhtiar Ali for Petitioner. Obaid Razzaq, A.A.-G. for Respondents. Date of hearing: 6th October, 2011. JUDGMENT SYED SAJJAD HASSAN SHAH, J.-- By way of this petition, the petitioner has sought the following relief: "It is, therefore, humbly prayed that on acceptance of this petition this Hon 'ble Court may kindly be pleased to direct the respondents to act in the matter in accordance with law and to consider petitioner as for the appointment as Naib Tehsildar BPS-14 and to appoint him accordingly. " 2. Brief facts of the case are that the father of the petitioner was an employee in the respondent's department, who has been passed away during his service and the petitioner being his son seeking his employment as Naib Tehsildar as per provisions contained under Rule 10(4) of the N.-W.F.P. Civil Servant Appointment, Promotion and Transfer Rules 1989, wherein, it has been provide that:--- "Notwithstanding…

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