IN THE PESHAWAR HIGH COURT, PESHAWAR

W.P No._________/2012

Abdul Basit S/o Muhammad Iqbal Zafar

R/o House No.11, Civil Quarters, Kohat Road,
Tehsil & District, Peshawar………………………………..Petitioner
VERSUS
1. Inspector General of Police/ PPO, KPK,
Near Civil Secretariat, Peshawar

2. Additional Inspector General of Police Headquarter, KPK,

Near Civil Secretariat, Peshawar

3. DIG Headquarters, Peshawar

Near Civil Secretariat, Peshawar

4. Chief Capital Police Officer (CCPO),

Near Civil Secretariat, Peshawar

5. Secretary Home, KPK, Peshawar

Civil Secretariat, Peshawar ………………...........Respondents

WRIT PETITION UNDER ARTICLE 199 OF

THE CONSTITUTION OF ISLAMIC REPUBLIC
OF PAKISTAN, 1973
______________________________________________

Respectfully Sheweth:

1. That the petitioner is the permanent resident of House

No.11, Civil Quarters, Kohat Road, Peshawar. (Copy of
CNIC is Annexure “A”).
2. That the petitioner’s father namely Muhammad Iqbal Zafar
was serving as Registrar in the office of respondent No.1
and was retired on 10.04.2007. (Copy of order/ Notification
alongwith Pension Book are Annexure “B & C”).

3. That the petitioner is the real son of his retired father,

having SSC/ Matriculation Certificate & FA as well as
Disable Certificate and is eligible for the post of Junior
Clerk. (Copies of Matric, FA and Disable Certificates are
Annexure “D, E & F”).

4. That the petitioner applied for the vacant post of Junior

Clerk as per Rule of the KPK Civil Servants (Appointment,
Promotion and Transfer) Rules, 1989 to respondent No.1
under his remakes on 05.04.2010. (Copy of applications
alongwith remarks of respondent No.1 are Annexure “G” &
“H”).

5. That the petitioner once again requested to the respondent

No.1 for interview on 08.07.2010 as a result of which a
notification has been issued on 22.04.2010 and the
petitioner has not been appointed on the said post. (Copy of
Notification and application are Annexure “J” & “K”).

6. That the respondents appointed so many candidates on the

post of Junior Clerks, irrespective to consider the deserving
disable candidates as well retired quota which clear-cut
violation of the Rules laid down. (Copy of merit list is
Annexure “L”).
 7. That inspite of the clear notification issued by the
government for the disable persons alongwith a retired
employees, the respondents did not appoint the petitioner
uptil now as the petitioner lastly applied for the post of
Junior Clerk but in vain. (Copy of Last Application
dt.20.09.2012 and Notification dated 07.09.2006 are
Annexure “M & N”).

8. That the petitioner being aggrieved from action/ inaction of

the respondents, having no other adequate remedy but to
approach this Honourable Court, files the instant writ
petition, inter alia, on the following grounds:

G R O U N D S:
A. That respondents under the legal obligations to follow the
government policy.

B. That the petitioner is eligible to be appointed for the post of

Junior Clerk in the respondent No.3 Department as per law,
rules and notification of dated 07.09.2006.

C. That the appointment under the same policy is the legal

right of the petitioner.

D. That not observing the government policies by respondents

is against law, facts and natural justice.
E. That equality of the citizens of Pakistan is guaranteed by the
Constitution and all are entitled to equal protection of law.

F. That the petitioner is only earning hand of his entire family

and there is no other source of income.

G. That the petitioner has not been treated in terms of Rule

10(4) of 1989 which protect the rights of the petitioner in
the given circumstances.

H. That the respondents are under obligation to appoint/ adjust

the petitioner under the Retired/ Disabled Employees Quota
under the rules ibid.

I. That Govt of KPK, had clearly determined and circulated

the Notification dated 07.09.2006 to all officials including
respondent No.3 for appointment of Retired/ Disabled
Employees Quota.

J. That ignoring the petitioner by the respondents is clear-cut

departure of rules and violation of law and constitution.

K. That action of respondents is not warranted by law and

constitution, hence untenable and ineffective upon the rights
of the petitioner.

L. That on prior permission of this Honourable Court, any

additional ground may be taken, if any, during the course of
arguments.
 For the aforesaid reasons, it is, therefore, humbly
prayed that on acceptance of this petition, this Honourable
Court may graciously be pleased to direct the respondents to
appoint the petitioner as Junior Clerk on the basis of
Retired/ Disabled Employees Quota, as per law, rules and
notification of the concerned quarters.

Any other remedy which deems fit by this Honourable

Court in the interest of justice, may also be granted in
favour of petitioner.

Petitioner
Through

Mufti Noorul Basar

Date: __/__/2012 Advocate, Peshawar

CERTIFICATE:
Certified on instructions of my client that petitioner has not
previously moved this Hon'ble Court under Article 199 of the
Constitution of Islamic Republic of Pakistan, 1973 regarding the
instant matter.

ADVOCATE

LIST OF BOOKS:
1. Constitution of Islamic Republic of Pakistan, 1973
2. Any other law books according to need

ADVOCATE
 IN THE PESHAWAR HIGH COURT, PESHAWAR

W.P No._________/2012

Abdul Basit………………………………………………..Petitioner
VERSUS
I.G.P/ PPO, KPK and others……………………………Respondents

AFFIDAVIT
I, Mufti Noorul Basar Advocate, as per instructions of my
client, do hereby solemnly affirm and declare that the contents of the
Writ Petition are true and correct to the best of my knowledge and
belief and nothing has been concealed from this Hon’ble Court.

DEPONENT
 IN THE PESHAWAR HIGH COURT, PESHAWAR

W.P No._________/2012

Abdul Basit………………………………………………..Petitioner
VERSUS
I.G.P/ PPO, KPK and others……………………………Respondents

ADDRESSES OF PARTIES

PETITIONER
Abdul Basit S/o Muhammad Iqbal Zafar
R/o House No.11, Civil Quarters, Kohat Road,
Tehsil & District, Peshawar

RESPONDENTS
1. Inspector General of Police/ PPO, KPK,
Near Civil Secretariat, Peshawar

2. Additional Inspector General of Police Headquarter, KPK,

Near Civil Secretariat, Peshawar

3. DIG Headquarters, Peshawar

Near Civil Secretariat, Peshawar

4. Chief Capital Police Officer (CCPO),

Near Civil Secretariat, Peshawar

5. Secretary Home, KPK, Peshawar

Civil Secretariat, Peshawar
Petitioner
Through

Mufti Noorul Basar

Date: __/__/2012 Advocate, Peshawar
 IN THE PESHAWAR HIGH COURT, PESHAWAR

W.P No._________/2012

Abdul Basit………………………………………………..Petitioner
VERSUS
I.G.P/ PPO, KPK and others……………………………Respondents

INDEX
S.No Description of Documents Annex Pages
1. Writ Petition
2. Affidavit
3. Addresses of Parties
4. Copy of CNIC A
5. Copy of Notification & Pension Book B-C
6. Copies of Matric, FA and Disable Certificates of D to F
petitioner
7. Copy of applications & remarks of respondent G
No.1
8. Copy of Notification and application J-K
9. Copy of merit list L
10. Copy of Last Application dt.20.09.2012 and M-N
Notification dated 07.09.2006
11. Court Fee
12. Wakalat Nama

Petitioner
Through

Mufti Noorul Basar

Date: __/__/2012 Advocate, Peshawar
Cell: 0301-8899863