AHMAD ALI, J. Through the instant Writ Petition, filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, petitioner has prayed for the following relief: - "It is, therefore, respectfully prayed that on acceptance of instant petition, an appropriate writ may graciously be issued, directing the respondents to induct the petitioner into service and appoint him as Constable (BPS-05), or to any other post as per his qualification.
Any other relief not specifically asked for may also graciously be extended in favour of the petitioner in the circumstances of the case"
02. In essence, the grievance of the petitioner is that his father was working with the respondents/department as Constable (BPS-05) and got retired from service on medical ground on 31.01.2017 by serving the respondent/department for sufficient long period of more than 28 years. After the retirement of his father , he approached the respondents time and again for his appointment under the retired employee's son quota but in vain. Thus having no other efficacious remedy petitioner has approached this Court under the Constitutional jurisdiction for redressal of his grievance.
3. Arguments heard and record gone through.
4. Perusal of record reveals that father of the petitioner namely Daud Khan was appointed by the respondents on 31.01.1988 as Constable in (BPS-05), who got retired on 31.01.2017 by qualifying 28-Years, 01-month and 27- days service. It has been mentioned in the petition in hand that petitioner's father got retired on the basis of superannuation but perusal of record unfolds that father of the petitioner was retired from service at the age of 50 years and not at the age of superannuation i.e. 60 years. Moreover , the stance of the petitioner that his father has been retired from service on medical ground but there is nothing on the record to suggest that father of the petitioner had got retired on medical ground because no report of medical board is placed on filed by the petitioner .
5. The respondents have filed their comments wherein they have mentioned that as per Standing Order No.26/2014, 10 % quota is reserved for Police sons/retired officials, out of which 2% is reserved for in service death of the employee's sons and the petitioner will be considered on the quota against retired sons in accordance with policy in vogue.
6. Let's have a look over the order dated 18.01.2017, through which, father of the petitioner got retired from service, from the police department, which reads as under: OFFICE OF THE CAPIT AL CITY POLICE OFFICER PESHA WAR
On completion of 28 Years, 01 month & 27 days qualifying service at his credit, Constable Daud Khan No.1362 of CCP , Peshawar is hereby retired on pension from service w .e.f 01.02.2017 on his own request. -sd SP/HQrs: For CAPIT AL CITY POLICE OFFICER, PESHA WAR No.960-65/CRC, dated Peshawar the 18.01.2017.
7. Perusal of said order clearly highlights that father of the petitioner was not retired on attaining the age of superannuation rather he got retired from service, on his own request. Since, there is no denial in respect of consideration of the petitioner against the quota reserved for retired employee's sons as per policy in vogue by the respondents, therefore, this writ petition being devoid of merit is dismissed accordingly .