' The facts giving rise to this writ petition are as under:-- ' Sajid Kareem petitioner is a law graduate. He is unfortunately an infirm and polio-affected person.
Even though he tried his luck in the legal profession, but he could not successfully indulge therein due to his disability. He chose to join some service. Fortunately the posts. Of Sub-Accountants in BS-11 in the office of the Treasury Officer, D.G. Khan fell vacant and as required by law the publication for recruitment was made in the Daily Nawa-i-Waqt, Multan on 18-12-1994. The petitioner competed along with other persons. Two candidates were to be recruited on permanent basis and two, on temporary basis. Sajid Kareem petitioner competed for the post of Sub- Accountant and he applied as a disabled candidate. However, he was considered along with other candidates and not as a disabled candidate. He was not recruited. Two candidates were .Recruited against permanent posts who joined while two were recruited against temporary posts out of whom one did not join his job. Another advertisement was published to fill the fourth aforesaid post.
In-between the petitioner had filed this writ petition to obtain the proposed relief that he was entitled to recruitment as a Sub-Accountant and the fourth post could not be filled as he was a disabled person and the Commissioner, D.G. Khan Division was bound to consider him against the said vacancy.
2. In the comments the Commissioner, D.G. Khan Division has taken. Up the stand that the number of posts of Sub-Accountants is 68 which does not exceed the number of 100 and thus the petitioner could not be considered against the disabled seat which is available to a disabled candidate when the strength of an establishment is 100.
3. Learned counsel for the petitioner has relied on subsection (3) of section 10 of the Disabled Persons (Employment and Rehabilitation) Ordinance (Ordinance No, XL of 1981) according to which it is clearly mentioned that:- "When calculating the percentage of the posts in an establishment for the purposes of employment of disabled persons, the fraction of 0.5 and above shall count as a whole number."
4. I have heard the learned counsel for the petitioner as well as the learned Assistant Advocate- General. The admitted position is that one post of Sub-Accountant is lying vacant as the advertisement for the recruitment against the same was made during the pendency of thiS writ, petition. The petitioner is a disabled person and has obtained the relevant certificate from the relevant department in the matter. The learned Assistant Advocate-General has scrupulously conceded that Sajid Karim petitioner has a good case. The number of posts for Sub-Accountants in the relevant establishment is 68 and keeping in view subsection (3) of section 10 of the Disabled Persons (Employment and Rehabilitation) Ordinance, 1981, one disabled person has necessarily to be recruited. The learned Assistant Advocate-General has no objection if this ,writ petition is accepted. The bread and butter has to be provided by the Almighty God to all of His creatures and if the petitioner .Has the merit in the aforesaid terms it is appreciable that the learned Assistant Advocate-General has not contested and objected to the positive effort being made by the petitioner for a good cause to lead a happy, laborious and convenient life. He is a law graduate.
Keeping in view the aforesaid concession given by the learned Assistant Advocate-General I hold that this writ petition merits to be accepted.
5. . For what has been said above, I accept this writ petition and hold that Sajid Karim petitioner is entitled/competent to be recruited as a Sub-Accountant in the Treasury Office in D.G. Khan Division. His appointment order shall be issued in the light of the initial advertisement for two permanent and two temporary employees within a period of 15 days and shall be entitled to his salary/emoluments from the date of joining the service. In the circumstances, there shall be no order as to costs.