Waqar Ahmed Seth, J.--Petitioner, through instant petition, seeks issuance of an appropriate writ directing the official respondents to consider him for appointment as class-IV employee against the quota reserved for retired employees sons.
2. The plea of the petitioner is that his father, namely, Hakimullah Khan stood retired from service as Naib Qasid on 21.6.2007 and under the policy of the Government he is entitled to be appointed as Class-IV employee on his place but the official respondents have wrongly appointed Respondents 3 to 7 while ignoring him for the said post.
3. Comments were called from Respondents 1 and 2, wherein, it was stated that the appointments of Respondents 3 to 7 as Class-IV employees were made by Ex. EDO with the collusion of Ex. Dealing Assistant but the relevant documents of their appointment are not traceable/available with them and that the petitioner will be appointed on his own turn as Class-IV under the quota reserved for employees sons.
We have heard learned counsel for the parties and gone through the record appended with this petition.
4. Under the law/policy of the Government when a Class-IV employee attains the age of superannuation, then on the post so vacated A his son shall be appointed. In the instant case, the father of the petitioner stood retired from service on 21.6.2007 as Naib Qasid and the latter submitted his application for appointment against the quota reserved for employees sons. The petitioner's father name figures in the list so prepared but the respondents, as per their comments/reply, have illegally appointed respondents 3 to 7 without considering the list for the purpose, thus, fundamental right of the petitioner has been infringed, which shall not go un- noticed.
In view of the above, without disturbing the appointment of respondents 3 to 7, we while allowing this petition direct the official respondents to consider the petitioner as class-IV employee on the next available vacancy and no deviation shall be made from this order. Moreover, as the Ex.EDO have clearly violated the policy/standing order/instructions of the Government on the subject therefore, the competent authority is directed to proceed against him under the relevant law with intimation to the Registrar of this Court. Copy of this judgment be sent to the Chief Secretary, Government of Khyber Pakhtunkhwa for the said purpose.