Through the instant writ petition, the petitioner, namely, Sirajuddin son of Abdul Jabbar, seeks the issuance of directions to the respondents to appoint him as a Naib Tehsildar or any other post in the revenue department according to his qualifications, in view of the quota reserved for deceased government employees.
2. After hearing the arguments of the learned counsel for the petitioner, we find that the petitioner had earlier too, filed an identical writ petition in this Court Bearing No, 661/2010 on the same subject matter which was treated as a representation and sent to Respondent No, 1 for consideration in accordance with law/rules vide judgment dated 16/3/2011. As such, this is the second writ petition before this Court on account of the fact that his grievance was not redressed in accordance with rules/policy of the Government on the subject. As such, comments were called from Respondents No, 1 and 2, who in their comments have rebutted the claim of the petitioner mainly on the ground that his brother, namely, Shamsuddin, has already been appointed as Patwari in the revenue department Tank on the basis of quota reserved for the children of deceased government employees. However, we are not in agreement with the answering respondents, because perusal of appointment order of the said Shamsuddin shows that he was purely appointed on merits and not in view of the quota reserved for the children of deceased government servants.
4. Since the petitioner claims appointment on the basis of notification Bearing No, SOR-VI(E&AD)1- 3/2003/VOL-II, issued by the Government of NWFP, Establishment & Administration department (Regulation Wing) Peshawar dated 5th September, 2006, hence, learned Deputy Advocate General present in Court was put on notice who accepted the same and produced copy of another notification Bearing No, SOR-VI(E&AD)1-3/2011/VOL-VIII, issued by the Government of Khyber Pakhtunkhwa, Establishment Department (Regulation Wing) Peshawar dated 31st August 2012, whereby sub-rule (4) of Rule-10 of the Civil Servant Act 1974 has been substituted to the effect that the children or widow of the deceased Government Employees would be entitled for appointment to BPS-1 to 10 instead of BPS-1 to 15 according to their qualifications and that this facility shall not be applicable to any post in BPS-1 to 10 falling in the purview of the Khyber Pakhtunkhwa Public Service Commission, he, without any hesitation admitted the claim of the petitioner too.
6. Thus, for the reasons stated 'above, we allow this writ petition and direct the respondents to consider the petitioner for appointment in BPS-1 to 10 in accordance with the aforesaid notification dated 31st August 2012 as per rules/policy of the government on the subject.