I am uploading the Decision of LHC Bahawalpur Bench dated 13th Oct 2021 Regarding the Regularization of employees appointed under rule 17-A. The visitors can read the full details of the decision as under:
The decision of LHC Bahawalpur Bench dated 13th Oct 2021 Regarding Regularization
Through this constitutional report dated 15.03.2021, whereby, the petitioner has been denied the facility of the Punjab Civil Servants (Appointment & Condition of Service) Rules, 1974 in terms of Rule 17-A which reveals that one child of a Government servant who dies while in service or is rendered physically incapacitated or invalidated is offered a job without the observance of procedural formalities, by way of affirmative action.
Saeed Ahmad Bhatti, the father of the petitioner was performing his duty in the capacity as Veterinary Assistant BPS-10 on regular basis in the office of respondent No.4 and he was retired from service w.e.f. 18.11.2020 on medical invalidation certificate “Completely and permanently incapacitated for further service of any kind”. As such, the Petitioner submitted an application before respondent No. 4 for appointment as Class-IV employee under Rule 17-A of the Punjab Civil Servants (Appointment & Condition of Service) Rules, 1974 but he has not been considered and appointed on the false plea that since petitioner’s father was retired on medical grounds for invalidation/incapacitation from government service in category “B” therefore, he is not entitled to get the benefit of Rule 17-A of the Punjab Civil Servants (Appointment & Condition of Service) Rules, 1974 and on this ground, the petitioner was refused to give the benefit of Rule 17-A of the act ibid.
In view of the above, the impugned report dated 15.03.2021 is rejected and respondent No.4 is directed to entertain the application of the petitioner under Rule 17-A of the Punjab Civil Servants (APpoitment & Condition of Service) Rules, 1974, without making any discrimination under the administrative instructions of the Government of the Punjab S&GAD Department (Regularization Wing). This petition is allowed.
Special Thanks: Mr. Hamza Kamal