2005 PLP (C (PLC(CS))

The petitioner who is son of a deceased employee of the High Court namely Nazir Ahmad, through instant writ petition seeks a direction to respondent No.1 for issuance of appointment letter in his favour as Naib Qasid in -the Establishment of Sessions Division, Bahawalnagar on the basis of rule 17-A of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974. It has been averred in the petition that since Muhammad Nazir (petitioner's father) died on 9-7-1994 while performing his duties as Naib Qasid in Sessions Division, Bahawalnagar and that the petitioner being his son applied for appointment as Naib Qasid in the light of above said rule 17-A, which reads as under:-- "Whenever a Government servant dies while in service or is declared invalidated/incapacitated for further service, one of his unemployed children shall be provided a job against posts in BS-1 to 5 in the Department in which the deceased Government Servant was serving without observance of formalities prescribed under rules/procedure provided such child is otherwise eligible for the post. It has further been contended by the petitioner that said rule has been adopted by the Lahore High Court hence, the petitioner was entitled to be appointed as Naib Qasid being son of a deceased employee.

2. Report and parawise comments have been received from the District and Sessions Judge, Bahawalnagar, wherein it has been submitted that as one of the son of said deceased employee namely Naseer Ahmad, real brother of the petitioner was appointed on 26-9-1994 by extending that benefit of above rule, hence, the petitioner could not avail the same benefit because under the said rule, such a benefit was available for only one unemployed child of the deceased employee.

3. The learned counsel for the petitioner vehemently disputed the above-mentioned statement of fact by the learned District and Sessions Judge, Bahawalnagar and insisted that said Naseer Ahmad was appointed purely on merits and not by extending the benefit of rule 17-A, hence the record maintained by District and Sessions Judge, Bahawalnagar regarding appointment of Naseer Ahmad, be requisitioned. Accordingly, the said record was called for.

4. Today, the Superintendent of District and Sessions Judge had produced the said record which contain the minutes of the meeting of Departmental Selection/Promotion Committee No.1 held on 26-9-1994 relating to selection and appointment of Stenographers, Junior Clerks, Naib Qasids and Chowkidars, etc. At point No.2 of the said minutes, case of Naib Qasids carne under consideration before the Interviewing Committee and it was observed as under:-- "Mr. Nasir Ahmad son of Nazir Ahmad has been found suitable candidate for the post of Naib Qasid. The Committee further observed that the .said Nasir Ahmad is the real son of late Nazir Ahmad Ex-Naib Qasid of this Sessions Division. The said Ex.-Naib, Qasid had died during service on 9-7-1994. Pursuant to the instructions contained in Letter No. SOR-IV (S&GAD) 1-6/78, the Governnent of the Punjab Services General Administration and Information Department, the Committee unanimously approved the name of Mr. Nasir Ahmad for the appointment of Naib Qasid."

5. A perusal of the above mentioned minutes and the findings of the Interviewing Committee make it abundantly clear that Naseer Ahmad petitioner's brother was given benefit of rule 17-A reproduced above. Hence, it is not possible to extend the same benefit to the petitioner as well because under the said rule such a benefit is available for only one child of a deceased employee.

6. Keeping in view the above narration of facts, I am satisfied that since the benefit of rule 17-A supra already stood availed of by the brother of the petitioner, hence, the petitioner cannot claim benefit of the said rule again and because of his failure on open merit, he was rightly ignored for appointment of Naib Qasid being not eligible/fit for such post. This petition therefore, fails and is accordingly dismissed. S.A.K./A-494/L Petition dismissed.