Law:

Section:

Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974-------R. 17-A---Constitution of Pakistan (1973), Art. 199---Punjab Agricultural Produce Market (General) Rules, 1979, R.70(6)---Petitioner after death of his father who was employee in the Market Committee, moved an application for appointment under Rule 17-A of Punjab Civil Servants Rules, 1974---Proceedings on application stated but later on were stopped---Petitioner filed writ petition against the Market, Committee but same was dismissed on ground that R.17-A was not applicable---Validity---Since there was no such controversy on record as to the applicability of Rule 17-A of Punjab Civil Servants (Appointment and Conditions of Service), Rules, 1974, impugned was not sustainable and in view of Rule 70(6) of Punjab Agricultural Produce Market Rules, 1979, Rule 17-A did apply to employees of the Market Committee---Impugned order, therefore was set aside. Makhdoom Syed Athar Hassan Bokhari for Appellant. Asim Pervaiz Khan for Respondents. Date of hearing: 13th March, 2006. JUDGMENT MAULVI ANWARUL HAQ, J.---This I.C.A. proceeds against the judgment dated 21-9-2005 whereby W.P. No.2446 of 2005 filed by the appellant had been dismissed. 2. Learned counsel for the appellant contends that the impugned judgment fails to take notice of the pleadings on record which do not at all reflect a controversy as to the applicability of Rule 17-A of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974. Learned counsel for the respondents, on the other hand, argues that the appellant was not eligible for appointment under the said Rule. 3. We have gone through the file. According to the contents of the writ petition, while employed as a Sub Inspector in the respondent-Market Committee, the father of the appellant died on 16-5-1994. Thereafter, he stated that he has passed his Matriculation Examination and filed an application for appointment as a Supervisor under the aforesaid rule. Some correspondence took place and thereafter the proceedings stopped. Then, he referred to several letters…

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