Law:

Section:

North-West Frontier Province Civil Servants (Appointment, Promotion and Transfer) Rules, 1989--R. 10(4)---Constitution of Pakistan (1973), Art. 185(3)---Suit for declaration---Civil servant's retirement on medical ground---Appointment of respondent in place of such civil servant and his subsequent regularization in service was challenged by retired civil servant and his nephew in a suit for declaration on the ground that in his place his nephew should have been appointed instead of respondent---Trial Court dismissed suit for lack of cause of action---Appeal and revision were also dismissed against decision of Trial Court---Validity--- Rule 10(4), North-West Frontier Province, Civil Servants (Appointment, Promotion and Transfer) Rules, 1989, clearly showed that it was for the benefit of children of civil servant who died during service---Neither petitioner was son of retired civil servant nor the latter (his uncle) died during the service---Petitioner thus, had no lawful claim to be appointed to post which fell vacant on retirement of his uncle (civil servant)---Petitioner was not entitled in law to be appointed to post in question---As for objection to appointment of respondent to post in question, his appointment was not violative of relevant rules and his regularization in service was made by Competent Authority---Even otherwise, petitioner having never applied for the post and his claim on basis of relationship being unsustainable in law, he had no locus standi to challenge respondent's appointment---Leave to appeal was refused in circumstances. Ch. Muhammad Akram, Advocate Supreme Court with Mehr Khan Malik, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 31st May, 1995. JUDGMENT ZIA MAHMOOD MIRZA, J.---Allah Diwaya, uncle of Khalid Nadeem, the present petitioner was a Porter (Qulli) in BPS-I, in C & W Department, Government of N.-W.F.P. While in service, he was struck with paralysis and' was retired on medical ground on 30-6-1991. It appears that while Allah Diwaya was on medical leave, Muhammad Mushtaq respondent was appointed in his place against the leave vacancy on 22-4-1991 and his service was later regularized on…

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