' This .Constitutional petition has been filed by the petitioner for the issuance of a direction to the respondents for the declaration of Letter No,2271/C.B., dated 22-1-1999 issued by respondent No,4 in violation of Article 25 of the Constitution of Islamic Republic of Pakistan and further direction to the respondents to provide a job to petitioner No,2 according to the Gazette Notification issued by the Government of the Punjab, dated 22-9-1998 giving benefit of job to one child of a Government servant, who dies while in service or is declared invalidated/incapacitated for further service.
2. The facts giving rise to the present writ petition are that petitioner No,1 had been serving as a sweepress under the respondents and served for a considerable long period. She in July, 1998 considering herself to be a patient of hypertension, preferred an application for her medical examination and in view of the medical report she was declared permanently incapacitated for further services, and was retired from Government service w,e,f, 18-11-1998. Petitioner No,2 being a real daughter of petitioner No,1 applied to the respondents to provide a job to her in place of her mother and in response to her application the respondent No,4 vide Letter No,2271/C.B., dated 22-1- 1999 turned down her request on the ground that daughter of a mother Government employee is not entitled to avail such benefit in the Department.
3. The learned counsel for the petitioner contended that the petitioner has not been given equal treatment by the respondents in accordance with the Article 25 of the Constitution of Islamic Republic of Pakistan, 1973 and she has been deprived of the benefit given by the Government to the children of incapacitated Government employees.
4. I have heard the learned counsel for the petitioner and examined the comments submitted by the respondents.
5. The Government under provisions of Rule 17-A of the (Appointment and Conditions of Service)
Rules, 1974 had issued Notification No,S.O.R.III, 2-42/92, dated 28-8-1994 providing benefit to the children of Government servant, who dies while in service or is declared invalidated/incapacitated for further service to provide one child of the said Government servant a job against posts in B.S.1 to B.S.5 in the department. The said Notification issued by the Governor of the Punjab is reproduced below:-- "Provided further that one child of a Government servant, who dies while in service or is declared invalidated/incapacitated for further service shall be provided a job against posts in B.S.1 to B.S.5 in the Department in which the deceased Government servant was working, without observance of formalities prescribed under the rules/procedure for the posts."
' A further Letter No,S.O.R.No,(R-III)/2-42/91(P-1), dated 23-11-1998 giving benefit under Rule 17-A of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 to one child of the deceased Government servant even if he had expired prior to the issuance of S&GAD's Notification, dated 28-8-1994.
6. From plain reading of the aforesaid Notification by the Government, it is manifestly clear that one child of Government servant who dies while in service or is declared invalidated/incapacitated for further service shall be provided a job against posts in B.S.1 to B.&.5 in the Department, in-which the deceased Government servant was working without observance of formalities prescribed under the rules/procedure provided, such child is otherwise eligible for the post. There is no distinction between the male or female Government servants or male or female children of the said Government servants. The benefit granted by the Government would be availed by the child of a Government servant, whether male or female. The letter issued by respondent No,4 refusing the job opportunity to the petitioner No,2 is contrary to the aforesaid Notification of the Government and in violation of the Article 25 of the Constitution of Islamic Republic of Pakistan, 1973. Article 25 of the Constitution of Islamic Republic of Pakistan, 1973 enshrines that:-- ' Article 25 Equality of citizen.--(1) All citizens are equal before law and are entitled to equal protection of law.
(2) There shall be no discrimination on the basis of sex alone; and
(3) Nothing in this Article shall prevent the State from making any special provision for the protection of women and children.
7. Article 25 of the Constitution guarantees to all citizens of Pakistan equality before law and equal protection of law. The guarantee-of equal protection of the law requires that all persons shall be treated alike, under like circumstances and conditions, both in the privileges conferred and in the liabilities imposed. The phrase "equal protection of law" envisaged by Article 25 of the Constitution means that no person or class of persons would be denied the same protection of law, which is enjoyed by persons or other class of persons in like circumstances in respect of their life, liberty, property or pursuit of happiness. Persons similarly situated or in similar circumstances are to be treated in the same manner. Article 25 of the Constitution further provided that there shall be no discrimination on the basis of sex alone and has given power to the State for making special provisions for the protection of women and children and any discrimination on rights of women or on the basis of sex alone. The arbitrary discrimination on the basis of sex alone is prohibited by this Article. In this context reference can be made to a case of "Mussarat Uzma Usmani and another v.
Government of Punjab through Secretary Health, Lahore and another (PLD 1987 Lahore 178) and Shrin Munir and others v. Government of Punjab through Secretary Health, Lahore and another (PLD 1990 SC 295)."
8. Article 27 of the Constitution contemplates that:-- Article 27. Safeguard a ainst discrimination in services.--(l) "No citizen otherwise qualified for appointment in service of Pakistan shall be discriminated against in respect of any such appointment on the ground only of race, relilgion, caste, sex, residence or place of birth."
' Articles 25 and 27 of the Constitution safeguarded against discrimination in services.
9. Petitioner No,2 has applied in place of her mother for the post of sweepress in 13,S.1 to B.S.5 for which no qualification is provided in the law. The petitioner, who is physically fit to work, is entitled for the same and the respondents under the benefit given by the Government vide above mentioned two Notifications, were under legal obligation to provide petitioner No,2 a job of sweepress. Following the dictum laid down in the cases referred to above. I have no hesitation in observing that the letter issued by respondent No,4 in refusing the job of sweepress to petitioner No,2 at the post vacated by her mother, petitioner No,1 being declared as incapacitated for further service is in clear violation of Articles 25 and 27 of the Constitution of Islamic Republic of Pakistan, 1973, therefore, is illegal, without lawful authority and mala fide.
10. For the foregoing reasons this writ petition is accepted and the respondents are directed to provide a job of sweepress to petitioner No,2 in place of her mother, petitioner No,1 in the light of the Notifications, dated 28-8-1994, 22-9-1998 and 23-11-1998.