Muhammad Ayub Khan, J.--Through this constitutional petition, the petitioner Muhammad Muzamil Khan has fought the following relief:-- "For the aforesaid reasons, it is therefore respectfully prayed, that on acceptance of this petition, this Hon'ble Court may kindly be pleased to issue a writ, by directing the respondents to act in accordance with law, rules and policy of the Government and to appoint the petitioner, who is otherwise entitled to get the job according to his qualification."
2. Precise facts of the case are .that father of the petitioner namely Muhammad Sharif was constable in police department. He was posted at Police Station Mullazai. During a raid, an encounter took place, wherein he was hit and embraced death on the spot, which is reflected from FIR No, 146 dated 14.12.2006 of Police Station Mullazai. Mother of the petitioner has received all the benefits as widow of Shaheed. In the year 2006, the petitioner was minor. He is F.Sc Pre-medical and possesses D.I.T and is also Hafiz-e-Quran and after attaining majority, he applied for appointment against the reserved quota in the light of Notification No, SO(Police)IID/3-22/2000 dated 8.6.2007 but in vain, hence this petition.
3. Respondents submitted their comments contending therein that uncle of the petitioner namely Muhammad Hanif has already been appointed as constable in the police department against Shuhada quota, that too, at the joint request of members of family of the petitioner, therefore, he is not entitled for appointment as such.
4. The learned counsel for the petitioner argued that under Notification dated 08.6.2007, the petitioner being son of the Shaheed is entitled to be appointed as constable in the police department. He read the contents of the Notification which are reproduced below:-- "The word "Shuhada sons" may be read as "Shuhada sons and in the absence of sons, the real brothers" wherever it appears in the said notification."
5. When the learned Addl: A.G was confronted with the Notification quoted above, he remained answerless and admitted that the real brother can only be appointed if there is no son of the Shaheed employee.
6. For the foregoing reasons, the writ petition is admitted and allowed and the, respondents are directed to appoint the petitioner as constable in the light of notification referred to above as per rules, law and policy in vogue within a period of one month from the date of receipt of this judgment.