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

Section: 10A,11A

Law: Constitution of Pakistan, 1973

Section: 27,199

Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974-------Rr. 10-A & 11-A---Constitution of Pakistan, Arts.27 & 199---Appointment--Deceased quota---Cut of date for making application for appointment in the deceased quota---Determination---Petitioner applied for his appointment against the deceased quota after the death of his father---Respondent-department took a plea that father of the petitioner passed away in the year 2001, whereas, R.11-A was inserted in the year 2002, thus, petitioner was not entitled for his appointment owing to non-existence of policy/deceased quota at that point in time---Validity--Right accrued to the children of deceased civil servants against deceased quota in terms of the decision of the Supreme Court through its order dated 10.08.2016 passed in C.Ps.Nos.482-K and 503-K of 2016, whereby it was held that those candidates under the above quota whose right of employment had already occurred and the clog of two years for making the application for employment under the deceased quota for the children, who had already applied for employment before making this rule, was done away with---Thus, the plea of the respondentdepartment was not tenable---Public employment is a source of livelihood, thus, no citizen should be discriminated in the said matter on the grounds as provided under Art.27 of the Constitution---Government is bound to make certain quotas in appointments or posts in favor of any less privileged class of citizen which in the opinion of the government is not adequately represented in the services under the State, thus R.11-A of Rules as amended up-to-date was introduced to cater to such situation to accommodate the aforesaid categories of civil servants---Constitutional petition was disposed of, in circumstances.Date of hearing: 23rd April, 2024.ORDERPetitioner claims his appointment against the deceased quota in the Works and Services Department Government of Sindh.The father of the petitioner Nawab Mallah was Beldar in the Works and Service department and during his service, he passed away on 20-11-2001, such intimation was given to the department with the disclosure that the petitioner could not…