AROOJ HAMMAD vs D.G — 2024 PLC(CS) 681 LAHORE-HIGH-COURT-LAHORE

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AROOJ HAMMAD VS D.G. L.D.A. R. 17-a---Deceased quota--- Legal heir(s) , entitlement of---Non-transferable---"a" child indicated in the R.17-a of Punjab Civil Servants (appointment and Conditions of Service) Rules, 1974---Scope---Daughter of the deceased government servant (who served at Lahore Development authority) invoked constitutional jurisdiction of the High Court for her appointment under deceased quota---Plea of respondents/LDa was that right of appointment under the R. 17-a Punjab Civil Servants ( appointment and Conditions of Service ) Rules, 1974, had already been availed by her brother---Validity---Petitioner was being represented by her counsel, who was her brother---Record revealed that (said very) brother of the petitioner was already appointed under R. 17-a of the Punjab Civil Servants (appointment and Conditions of Service) Rules, 1974, after the death of his/her father---It was also not denied that the petitioner accepted the appointment in favour of her brother and did not agitate that she was more deserving candidate amongst the legal heirs of deceased , but after the resignation of her brother, she filed an application to appoint her, and that too after six years of said resignation, which was an afterthought---Right of the petitioner, if any, had existed before the appointment of her brother, which had been surrendered in his favour---If the petitioner was better qualified for the job she could agitate her right by competing within the family members and then with their (legal heir's) consensus, the respondents/LDa could extend the right to her, but she thought it appropriate not to do so---If the right of the petitioner was allowed, then there would be un-ending claim which was never intended by the R.17-a Punjab Civil Servants (appointment and Conditions of Service) Rules, 1974, as said Rule indicated that "a" child and not "children" of a deceased government servant is to be accommodated once which cannot be left to the option of such accommodated child to transfer his / her right to another after testing the rigors of un-suitable job and transferring it to a more deserving legal heirs---Such right once exercised was non-transferable, subsequent to joining of service with the consent of the other legal heirs---Constitution petition was dismissed, in circumstances.

AROOJ HAMMAD vs D.G — 2024 PLC(CS) 681 LAHORE-HIGH-COURT-LAHORE

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