This case involves the interpretation and application of Rule 17-A of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, concerning the appointment of children of retired or incapacitated employees. The petitioners were excluded from the recruitment process on the grounds that their siblings had already secured employment under Rule 17-A. The validity of this exclusion was challenged.
Key points from the decision include:
1. **Twenty Percent Quota**:
A specific quota of 20% was reserved for the children of retired or incapacitated employees. This quota was intended as general relief without any form of discrimination.
2. **Rule 17-A Benefits**:
Rule 17-A provided special relief to one child or widow of a civil servant who died while in service or was declared invalidated/incapacitated by the competent authority. This benefit was distinct and separate from the 20% quota.
3. **Distinguishable Benefits**:
The benefits under Rule 17-A and the 20% quota were entirely distinguishable from each other. The court noted that there was no rule or notification imposing a restriction that if one child of a retired or serving employee had availed of the benefit under Rule 17-A, another child would be barred from appointment under the 20% quota.
4. **Exclusivity of Benefits**:
If a child or widow had already availed of the benefit under Rule 17-A, they could not simultaneously obtain employment under the 20% quota. However, this exclusivity did not extend to other children or widows who had not availed of the Rule 17-A benefit.
5. **No Express Restriction**:
The court emphasized that in the absence of an express statutory restriction, the rules and policies should be interpreted in a manner that favors employment opportunities.
6. **Directive for Consideration**:
The court directed the department to consider the petitioners for employment under the 20% quota, provided they were otherwise eligible.
In summary, the court allowed the constitutional petition, holding that the petitioners were entitled to be considered for employment under the 20% quota for the children of retired or serving employees, as no express restriction existed against such consideration if they had not availed of the Rule 17-A benefit.