USAMA ZAHOOR vs DISTRICT AND SESSIONS JUDGE R — 2025 PLC(CS) 1112 LAHORE-HIGH-COURT-LAHORE

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USAMA ZAHOOR VS DISTRICT AND SESSIONS JUDGE R.17-a---appointment of unemployed child or widow/wife of a civil servant who died during service or was deemed unfit---Scope---Petitioner filed a Constitutional petition under article 199 of the Constitution seeking appointment as Naib Qasid in the Sessions Court, under R. 17-a of the Punjab Civil Servants (appointment and Conditions of Service) Rules, 1974 (the "Rules 1974") on the premise that petitioner's father was previously employed as Naib Qasid in Sessions Courts, who retired on medical grounds---Petitioner applied for appointment under R. 17-a of Rules, 1974,however, the Recruitment and Promotion Committee rejected the application stating that R. 17-a of Rules 1974 only applied to families of deceased civil servants and not to those retired on medical grounds---Held: R. 17-a of Rules, 1974, as it stood at the time of application, applied both to cases of death during service and incapacitation (medical retirement)---However, R. 17-a of Rules 1974 had since been entirely omitted by the Government of Punjab via notification dated 24.07.2024 and the Supreme Court in the case reported as (PLD 2024 SC 1276) had declared any rule, policy, or memorandum that allows for appointments of a deceased or permanently disabled civil servant's widow/widower, spouse, or child without open advertisement, competition, and merit to be discriminatory and unconstitutional---However, the case reported as (PLD 2024 SC 1276) was only applicable retrospectively to the persons who had not been appointed till omission of R. 17-a of Rules, 1974 and their appointments were still in process---In the present case, since the petitioner's application was not favorably decided, and no appointment order was issued in his favor before 18.10.2024, i.e. the date the judgment in the case reported as (PLD 2024 SC 1276) was rendered, his case did not fall within the exception---Therefore, as the legal framework supporting the petitioner's claim ceased to exist and was further declared unconstitutional before he could have been appointed, the petitioner could not be held entitled to be appointed under the omitted R. 17-a of the Rules 1974---Constitutional petition was dismissed, in circumstances.

USAMA ZAHOOR vs DISTRICT AND SESSIONS JUDGE R — 2025 PLC(CS) 1112 LAHORE-HIGH-COURT-LAHORE

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