Law:

Section:

North-West Frontier Province Civil Servants (Appointment, Promotion and Transfer) Rules, 1989--R. 10(4)---Constitution of Pakistan (1973), Art. 185(3)---Retirement of employee on medical ground---Respondent was appointed in place of employee and his employment was regularised---Petitioner claiming to be nephew of retired employee filed suit that he was entitled to be appointed in place of retired employee and that respondent's employment was neither valid nor warranted---Petitioner's suit was dismissed up to High Court---Validity---Employee having retired on medical ground, petitioner had no lawful claim to be appointed to post which fell vacant due to his retirement---Only one of children of deceased employee who died during service could be appointed in his place---Petitioner was neither son of employee nor employee had died during service, therefore, petitioner had no claim to be appointed to post vacated by employee---Impugned of High Court also indicated that petitioner had abandoned his claim on basis of relationship---Trial Court on basis of evidence on record had found that respondent was regularised on basis of his service record and not on basis of recommendation and that his regularisation was made by Competent Authority--­Even otherwise, petitioner having never applied for the post of 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-1, 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 am medical leave, Muhammad Mushtaq respondent was appointed in his place against the leave vacancy on 22-4-1991 and his service was later regularised on 30-6-1991. Five months thereafter, Allah Diawaya and the present petitioner brought a suit…

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