| Citation(s) |
|---|
| 2014 SLG 294 2014 SLD 294 2014 PLC 1060 |
Sindh High Court
Constitutional Petition No. D-2069 of 2011, decided on 7th May, 2014. Date of hearing: 23rd April, 2014.
SYED HASAN AZHAR RIZVI AND MUHAMMAD, JUNAID GHAFFAR, JJ
Sher Muhammad Baloch for Petitioners. Allah Bachayo Soomro, Addl. A.G. Sindh for
Respondents.
Constitutional Petition No. D-2069 of 2011, decided on 7th May, 2014. Date of hearing: 23rd April, 2014.
SYED HASAN AZHAR RIZVI AND MUHAMMAD, JUNAID GHAFFAR, JJ
Sher Muhammad Baloch for Petitioners. Allah Bachayo Soomro, Addl. A.G. Sindh for
Respondents.
AYAZ ALI and 4 others
VS
GOVERNMENT OF SINDH through Chief Secretary and 67 others
Law:
Section:
Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974--- ----R. 11-A---Constitution of Pakistan, Art.199---Constitutional petition---Quota of deceased employee---Notification of policy---Retrospective effect---Petitioner applied for vacancy of tube-well operator in place of his deceased father but authorities declined to appoint him against deceased quota---Validity---Notification dated 17-7-2009 provided cutoff date as 17-7-2007, and benefit of deceased quota was made applicable to petitioner whose father had expired on or after 17-7-2007---Delay in appointment could not be attributed to petitioner, as such notification dated 17-7-2009 being adversely affecting petitioner, could not be applied retrospectively---Prior to issuance of such notification, petitioner had already acquired a vested right and was entitled to be governed by earlier notifications dated 2-9-2002 and 11-3-2008, read with letter dated 13-12-2008 issued by Services and General Administration Department---Petitioner was entitled to be appointed under deceased quota after fulfillment of requisite codal formalities as otherwise required under policy---Petition was allowed in circumstances. Shafqat Ali v. Government of Sindh 2010 PLC (C.S.) 536; Hafeezullah and another v. Province of Sindh 2012 PLC (C.S.) 889 and Zafar Ali Kalhoro v. Government of Sindh in C.P No.D-647 of 2010 ref. ORDER MUHAMMAD JUNAID GHAFFAR, J.--- Through instant petition the petitioners have sought the following relief(s):--- (A) That, all appointments made illegally may be declared void. (B) To direct respondent 5 for appointment of petitioner 1 on deceased quota as Tube Well Operator or any other post. (C) To direct respondent-05 to appoint forthwith petitioners 2 to 5 as Tube Well Operators or against any other post. (D) To direct respondents 1 and 2 to recover the amount of salary paid to illegal appointees from Mr. Saeed Ahmed Chanar Executive Engineer, who made illegal appointments, under intimation to this Honourable Court. (E) To direct respondents 1 and 2 to take action against the responsible officer, indulged in violation and discrimination act. However, at the time of arguing the instant…
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