2007 PLP (C (PLC(CS))

IQBAL HAMEEDUR REHMAN, J.

Through this writ petition, the petitioner seeks employment as Supervisor in the Market Committee, Qadir Pur Rawan, District Multan, in view of the provisions of rule 17-A of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974.

2. Brief facts leading to this writ petition are that the petitioner's father, namely, Hafiz Mumtaz Hussain, was employed as Sub-Inspector in the Market Committee, Qadir Pur Rawan District Multan, who died during the service on 16-5-1994. At the time of the death of his father, the petitioner was minor and was a student. The petitioner after qualifying his matriculation examination, moved an application before respondent No.1 Chairman, Market Committee, Qadir Pur Rawan, seeking appointment as Supervisor in scale 5 in the Market Committee on the basis of rule 17-A of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974. The same was not attended to by respondent No.1. The petitioner again repeated his application on 4-10-2004 but the second application of the petitioner was also not responded to by respondent No.1. In the circumstances, the petitioner filed application dated 16-3-2005 before respondent No.2 Special Secretary Agriculture (Economics and Marketing), Lahore and its copies were also forwarded to respondent No.3 Director Agriculture (Economics and Marketing), Lahore and Extra-Assistant Director Agriculture (Economic and Marketing), Multan. Consequently, respondent No.3 vide his letter No.5056, dated 29-3-2005, directed respondent No.1 Chairman, Qadirpur Rawan Multan that the case of the petitioner be processed. Similarly, Extra Assistant Director Agriculture (E&M) Multan also asked respondent No.1 Chairman, Market Committee Qadirpur Rawan vide his letter dated 4-4-2005 to process the case of the petitioner and withdraw the request of abolishing the seat, of Supervisor. Respondent No.1 did not process the case of the petitioner in spite of the directions by respondents Nos.2 and

3. Against the said acts of the respondents, the petitioner filed this writ petition which was dismissed by this Court vide order, dated 21-9-2005 on the ground that the Market Committee has its own appointment rules and the employment to the deceased employee's son/child is not provided in the said rules.

3. Against the said order, dated 21-9-2005, the petitioner filed I.C.A. No.208 of 2005, which was allowed by a learned Division Bench of this Court vide judgment, dated 13-3-2006 and the impugned order, dated 21-9-2005 was set aside. The learned Division Bench also held that Writ Petition No.2446 of 2005 filed by the petitioner shall be deemed to be pending and shall be decided afresh by the learned Single Judge. The learned Division Bench in its judgment observed that Rule 17-A of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 was applicable to the employees of the respondent Market Committee.

4. Comments from the respondents were called and submitted, wherein it was objected that the provisions of Rule 17-A of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 were not applicable to the employees of the Market Committee.

5. Arguments heard and impugned order perused.

6. The objection raised by the respondents stands redundant after the decision of the learned Division Bench in I.C.A. No.208 of 2005. It is an admitted fact that father of the petitioner was Sub-Inspector in the Market Committee Qadir Pur Rawan, District Multan who died during the service due to cancer. The petitioner being a son of the deceased employee and having requisite qualification, is entitled for the appointment of Supervisor in the Market Committee, Qadir Pur Rawan. The case of the petitioner has previously been recommended by respondents Nos.2 and

3. The application as well as the recommendations of respondents Nos.2 and 3 are pending before respondent No.1. It is stated that a vacancy is already existing, for which status quo was to be maintained by virtue of the order dated 18-12-2006.

7. In view of the above circumstances, I am of the view that the petitioner is entitled for the appointment of the said vacancy. Resultantly, this writ petition is accepted and respondent No.1, Chairman Market Committee Qadir Pur Rawan District Multan is directed to appoint the petitioner as Supervisor. H.B.T./Q-2/L Petition accepted.