| Citation(s) |
|---|
| 2025 SLG 4879 2025 SLD 4879 = 2025 PLC 916 |
Sindh High Court, Larkana Bench
Constitution Petition No.D-468 of 2019, decided on 22nd April, 2025.
Before Muhammad Saleem Jessar and Nisar Ahmed Bhanbhro, JJ
Irfan Badar Abassi for Petitioner. Liaquat Ali Shar, Addl. A.G. along with Asadullah Solangi, Deputy Director Agriculture for
Respondents.
Constitution Petition No.D-468 of 2019, decided on 22nd April, 2025.
Before Muhammad Saleem Jessar and Nisar Ahmed Bhanbhro, JJ
Irfan Badar Abassi for Petitioner. Liaquat Ali Shar, Addl. A.G. along with Asadullah Solangi, Deputy Director Agriculture for
Respondents.
ABDUL HUSSAIN
VERSUS
PROVINCE OF SINDH through Secretary Agriculture Department Sindh and 4 others
Law: Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974
Section: 10A,11A
Law: Constitution of Pakistan, 1973
Section: 4,5,9,27,25,34,35,199
Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974-------Rr. 10-A & 11-A---Constitution of Pakistan, Arts. 9, 27, 34, 35 & 199--Appointment---Deceased quota ---Eligibility of legal heirs for appointment after death of employee---Petitioner applied for his appointment against deceased/father quota but his claim was not decided by the competent authority---Denial of job to the petitioner under deceased quota would be an act of discrimination, as it appeared from record that the petitioner was not dealt in accordance with law, he suffered due to red-tapism and lethargy of the department, which violated his fundamental rights enshrined under Arts. 4, 5, 9, 25 & 27 of the Constitution---Case of the petitioner was pending adjudication before competent authority for consideration since 2002 and at that time policy regarding employment of children of ex-employees, who died while in services or retired being incapacitated to further perform services, was in force, therefore, the same shall not be affected in any manner---Court being the custodian of the fundamental rights of citizens could not shut its eyes when it reached a conclusion that action on the part of a statutory body or organization resulted in infringement of fundamental rights of a person--Though the appointment process was an internal mechanism of the department wherein the High Court sparingly interfered but the Court would not hesitate to step in when a right to job otherwise available under the law was declined in a slipshod manner---Petition was allowed accordingly.General Post Office, Islamabad and others v. Muhammad Jalal PLD 2024 SC 1276 ref.Date of hearing: 16th April, 2025.JUDGMENTNISAR AHMED BHANBHRO, J.---Through instant Petition, the Petitioner has claimed the following relief:a. That this Honorable Court may be pleased to direct the Respondents to finalize the case of the Petitioner at an earliest and take him in service/ provide him job on the basis of deceased quota.2. The facts of the case as asserted in the Petition are that the father of Petitioner namely Abdullah Soomro was serving as Beldar in Agriculture Extension Department, who…