Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MARIAM ASHRAF VS Respondent: SECRETARY, PUNJAB PUBLIC SERVICE COMMISSION
1992 P L C (C
1992 P L C (C.S.) 136
[Lahore High Court]
Before Malik Muhammad Qayyum, J
Dr. MARIAM ASHRAF
Versus
SECRETARY, PUNJAB PUBLIC SERVICE COMMISSION and others
Writ Petition No. 1274 of 1991, decided on 14th October, 1991.
(a) Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974---
---R-- 17-A---Provision of R. 17, Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, whether available to a person whose parents had died before coming into force of the Rule---Nothing in R.17-A of the Rules of 1974 would suggest that same would apply only, where parents of a candidate died after coming into force of the Rule---Posts having been advertised on 6th April, 1990 while selection was made on a date subsequent to it, law applicable as on the day of selection or at the most, on the date when applications were invited, would govern the field---Respondents had no justification at all to have denied petitioner 10 additional marks in terms of R.17-A of the Rules of 1974.
(b) Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974---
----Rr.16, 17 & 17-A---Constitution of Pakistan (1973), Art.199---Entitlement of dead employee's child to be inducted into service---Where a civil servant had died during service, his child if otherwise qualified, was entitled to be inducted into service without following the procedure laid down in Rr.16 and 17, Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974---On basis of Rr.16 & 17 which were applicable at the time of death of mother of petitioner, she was entitled to be inducted into service, without recourse to the Public Service Commission ---R.16(2), however, was repealed by the same Notification by virtue of which R.17-A was added---Contention that petitioner should not be allowed benefits either of R.16(2) or of R.17-A of the Rules of 1974 was repelled---Respondent Authority was directed to grant 10 additional marks in the aggregate of petitioner, by the Public Service Commission, in terms of R.17-A, Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974.
Muhammad Ilyas Khan for Petitioner.
Rana Muhammad Arshad, Addl. A.-G. for Respondents.
Date of hearing: 14th October 1991.