2023 PLP (C (PLC(CS)N)

AZHAR SALEEM BABAR, ACJ.

The present writ petitions have been filed to challenge the validity of notification dazed 18.10.2017, whereby, previous Government notification dated 26.05.2003, has been withdrawn. We have taken into consideration the arguments advanced nil behalf of the parties. The notification dated 18.10.2017 is a matter of dispute in both supra titled writ petitions, whereby, previous Government notification dated 26.05.2003 has been withdrawn. The Government of Azad Jammu and Kashmir issued notification on 26.05.2003, whereby, 20% vacancies in he cadre of Junior Clerk, Driver, Naib Qasid, Mali, Farrash, Water Carrier end Chowkidar in all Government departments were reserved for the children of such Government servants in BPS-1 to BPS-5, who are either still serving or have retired from service. The aforementioned notification has been withdrawn vide impugned notification dated 18.10.2017. Muhammad Sharif and another in Writ Petition No.119/2018, have challenged the vices of impugned notification on the ground that it is against the principle of parity with Punjab and is discriminatory in nature. On the other hand, Wajahat Jilani, the petitioner in Writ Petition No.1858/2018, seeks appointment as Naib Qasid in Government Girls High School, Authamqam on the basis of notification dated 26.05.2003 by declaring the subsequent notification dated 18.10.2017 as illegal. Wajahat Mani, claims that father Ghulam Gilani retired as Naib Qasid from Government Girls High School Authamqam on 31.10.2018, so he has a right to be appointed as Naib Qasid against the post vacated by his father as per the provisions of notification dated 26.05.2003. Wajahat Jilani, the petitioner has challenged the validity of notification dated 18.10.2017 through amended writ petition. It may be stated here that one Tahir Iqbal was appointed as Naib Qasid in Government Girls High school Authamqam, on temporary basis vide order dated 28.08.2018. The post of Naib Qasid has now been advertised on 09.03.2020. The petitioner has prayed to the Court to set aside he advertisement and to appoint him as Naib Qasid. Muhammad Sharif Awan, the petitioner, claims in he President of "All Secretariat Employees Association n and Mir Muhammad Altaf Sheikh, the other petitioner is stated to be a Member of "Coordination Board of "All Pakistan Secretariat Employees Association". The petitioners have not attached any document of registration or their organization with the writ petition so as to ascertain their eligibility filing the writ petition. However, leaving this aspect aside, if the matter is examined an merits, it appears that petitioners have relied on a judgment of single bench of this Court dated 19.01.2017 delivered in a case titled "Khalil Ahmed Qureshi and 2 others v. Azad Govt. and 2 others". The petitioners' in the referred case prayed to the Court for a direction to adopt office memorandum or Federal Government dated 10.08.2012, which has been adopted by the Government of Punjab. The matter in dispute in the referred judgment was entitlement of orderly allowance @ Rs.10,000/- per month on the basis of party with Punjab. This Court accepted the plea of the petitioners by relying on an order passed by the Supreme Court of Azad Jammu and Kashmir in Civil PLA No.116/2009. Another case reported as 2003 PLC (C.S.) 87 was also relied on in the aforementioned judgment. The Supreme Court of Azad Jammu and Kashmir in ease titled Azad Government and 4 others v. Sardar Muhammad Mukhtar Khan (2016 SCR 206) has examined the principle of parity with Punjab in detail the apex Court of the State has further dilated upon the principle of equality before law in aforementioned judgment. It is concluded that fundamcoutl right of equality before law recognizes reasonable classification and this right is applicable on the basis of equality among equals. It is further dictated' by the apex Court that if the principle of equality before law is applied without reasonable classification, the system shall collapse. The apex Court while dealing with the principle of parity with Punjab concluded that "principle of parity with Punjab is no more in field. The phraseology of notification dated 10.05.2004 clearly speaks that principle of parity with Punjab is no more having the force of law and whenever there are anomalies or the laws made on the subject are silent, the Concerned department may take guidelines therefrom". Notification dated 20.05.2004 has been reproduced in afore-cited judgment, which lays down the following guideline;-- Perhaps the afore-discussed judgment of the apex Court of Azad Jammu and Kashmir skipped the sight of the learned single bench of this Court in Khalil Ahmed Qureshi's case decided on 19.01.2017. It may be observed here that notification dated 26-5-2003 obstruct he opportunity of fair competition and the fundamental right of equality before law. Although the Constitution provides fundamental right of equality before law, however, implement al ion of notification dated 26-5-2003 would mean to reserve the posts of BPS-1 to BPS -5 on the basis of inheritance and obviously such law is violative of principle of equality before law because it obstructs way of fair competition by the State Subjects for at least 20% seats. It may also he added here that some organizations of Civil Servants have turned into pressure groups and by adhering to strikes and road jams, have succeeded in issuance of notifications of their choice. Notification dated 26.05.2003 also looks an outcome of such pressure. The crux of above discussion is that notification dated 26.05.2003 has rightly been withdrawn by the subsequent impugned notification dated 18.10.2017. As the notification dated 26.05.2003 is no more in field, Wajahat Jilani, the petitioner has no case to proceed further and he cannot claim appointment as Naib Qasid against the post vacated by his father at his retirement. The Department is at liberty to proceed further in accordance with advertisement dated 09.03.2020 and to fill in the post of Naqib Qasid in Government Girls High School, Authamqam, in accordance with law. Wajahat Jilani, the petitioner has obviously a right to compete for advertised job. As a result of above discussion, both the writ petitions are dismissed with no order as to the costs. A copy of this judgment shall be annexed with the connected file. SA/41/AJK(HC) Petitions dismissed.