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

Section: R. 11-A

Law: Constitution of Pakistan, 1973

Section: 199

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

----R. 11-A---Constitution of Pakistan, Art. 199---Appointment---Deceased quota---Petitioner sought appointment against quota reserved for children of deceased employees, as his father passed away while serving the Education Department---Respondent took the plea of delayed claim as the father of the petitioner died in the year 2003, whereas, the petitioner applied for his appointment in the year 2008---Validity---Action of the respondent department did not align with the law laid down by the Supreme Court of Pakistan on the subject at hand and the petitioner had been subjected to hardship by the department as his father passed away in the year 2003 during service and the petitioner applied in the year 2008 within the policy terms, and his application was although processed, yet nothing had been done---Respondents had failed and neglected to look into the matter in its true perspective and violated the command of the Constitution and law---Thus, constitutional petition was allowed with a direction to the Chief Secretary, Government of Sindh, and respondents to take into consideration the verdict of the Supreme Court on the subject issue as well as keeping in view R.11-A of Sindh Civil Servants (Appointment, Promotion, and Transfer) Rules, 1974, whereafter, if the petitioner was found eligible in all respects for appointment against the quota reserved for deceased civil servant, he should be accommodated in any suitable ministerial post by allowing him to complete all legal and codal formalities as required under the law and the relevant rule, procedure and policy---Petition was disposed of accordingly.