Law: Constitution of Pakistan, 1973

Section: 4,25

Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974--- ----Preamble---Office Memorandum dated 09-04-1989---Service matter---Ombudsman---Jurisdiction of---Scope---Primary School Teacher of Karachi Metropolitan Corporation having retired from service---Appointment on the basis of son quota---Scope---Petitioner sought appointment of her son on the basis of son quota which was declined by the department on the pretext of ban on fresh appointments---Contention of petitioner was that Ombudsman had recommended the appointment of her son---Validity---Office Memorandum dated 09-04-1989 was a private settlement between management of Karachi Development Authority and Collective Bargaining Agent/Mazdoor Union of KDA---Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974 did not apply to the petitioner's case as Karachi Metropolitan Corporation employees were not civil servants---Office Memorandum dated 09-04-1989 was not binding upon Karachi Metropolitan Corporation which had not been adopted by the authorities---Right of employment of petitioner's son never accrued to her---Ombudsman had no jurisdiction to entertain service matters---Constitutional petition was dismissed, in circumstances. Fazal Ahmed Samtio v. Province of Sindh through Secretary Local Government and 3 others 2010 PLC (C.S.) 215 rel. THIS JUDGMENT DELIVERED BY: ADNAN-UL-KARIM MEMON, J.--- The Petitioner has sought appointment of her son on the basis of son quota in Karachi Metropolitan Corporation (KMC). 2. The facts of the case are that the Petitioner was appointed as Primary School Teacher (PST) in KMC in year 1996. Petitioner has submitted that she retired from service of Karachi Metropolitan Corporation in 1997 vide order dated 19.07.2007. Petitioner has further averred that she submitted an application to KMC authorities for appointment of her son namely Imran Wajahat son of Wajahat Hussain for any suitable job in Education Department, KMC, who had acquired Master's Degree in Business Administration (MBA) from Federal Urdu University Karachi and Bachelors Degree in Electronic from Sir Syed University Karachi. Petitioner asserts that her son is entitled to be…

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