Law: Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974

Section: R.11-A

(a) Sindh Civil Servants (Appointment, Promotion and Transfer) Rules. 1974--- ----R. 11-A---Notification No.SORI(SGA&CD)2-3/92 dated 17-07-2007 ---Appointment of one of the children of deceased civil servant---Procedure---Vested right---Scope---Petitioner moved application for his appointment on deceased quota but same was declined---Validity---Vested right could be taken away retrospectively only through an enactment passed by an Authority or Parliament but not through sub-ordinate legislation i.e. through issuance of notification by executive---Change in R.11-A of Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974 had been brought through a notification which could only have prospective effect---Notification issued on 17-07-2009 should become applicable from 17-07-2009 onwards only---If a right of employment had already accrued to any of the children of a deceased or invalid or incapacitated civil servant then he/she could not be deprived of the benefit accrued through a subsequent notification---Department was directed to issue appointment order in favour of petitioner on any post for which he qualified within a period of two months---When application for appointment was moved the Authority did not decide the same at its own and summary(ies) were submitted to Chief Minister or other high-ups for approval to fill-up post(s) under R.11-A of Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974---Said Rule did not insist for any such procedure and sending summary was not within object of the same---Authority was directed not to resort such procedure in future---Summaries, if any, moved by the department(s)' either to Chief Minister or any other superior authority be considered to have never been sent/moved and department should decide the fate of such applications within prescribed period---Benefit of R.11-A of Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974 was applicable to all civil servants, therefore, Chief Secretary (Sindh) was directed by the High Court to circulate a directive to all the head of the departments that in future the department should intimate families of all such civil…

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