1992 PLP (C (PLC(CS))
Dr. MARIAM ASHRAF Versus SECRETARY, PUNJAB PUBLIC SERVICE COMMISSION and others
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Malik Muhammad Qayyum, J |
| Parties | Dr. MARIAM ASHRAF Versus SECRETARY, PUNJAB PUBLIC SERVICE COMMISSION and others |
| Primary Law | (a) Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, (b) Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
This judgment primarily cites: (a) Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, (b) Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Malik Muhammad Qayyum, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (Dr. MARIAM ASHRAF Versus SECRETARY, PUNJAB PUBLIC SERVICE COMMISSION and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Ilyas Khan for Petitioner.
- Rana Muhammad Arshad, Addl. A.-G. for Respondents.
- Date of hearing: 14th October 1991.
Headnotes / Summary
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.
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.
Judgment & Decree
(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.