ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P No.D- 239 of 2015

______________________________________________________

Date                     Order with signature of Judge

Present

                               Mr. Justice Muhammad Ali Mazhar

                    Mr. Justice Anwar Hussain

Fazal Karim……….…………....……v/s……………….....Province of Sindh,

                                                                                               & others.

Date of hearing 30.03.2016

Mr. Asif Ali Shah advocate for Petitioner.

Mr. Abdul Jabbar Qureshi A.A.G a/w D.S.P Mazhar Alvi (Legal) P.S.P.

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Muhammad Ali Mazhar, J: The case of the Petitioner is that his martyred father was serving as Head Constable in Police Department who attained Shahadat during an encounter with the notorious dacoits of the locality. Since the Petitioner is his real son who is also graduate and well qualified, therefore, he claims to be entitled for the appointment to the post of A.S.I in Sindh Police, but in response to his application, the Respondent No.1 issued appointment order of Police Constable which is in violation of Standing Orders issued by the Sindh Police. It is further stated that so many other persons have been issued appointment letter for A.S.I but the Petitioner has become the victim of discriminatory treatment.       

2.         The Respondent No.2 has filed comments in which it is stated that the Chief Minister, Sindh issued his approval to compensate the families of “SHAHEED” relating to the policy for appointment under Shaheed quota to the rank of Police Constable and A.S.I which required to be processed after following all codal formalities. It is further stated that the case of the Petitioner for appointment as A.S.I does not come in the policy mentioned in the Notification No.POL-HD/4-3/2012, dated 19.06.2012.  

3.         To a question raised by this Court to D.S.P Mazhar Alvi whether the Police Department has completely stopped the recruitment as A.S.I on “SHAHEED” quota, he responded that former I.G. of Sindh Police constituted a committee to examine the individual cases and after recommendation made by the committee, the direct appointment to the post of A.S.I can be made in case of “SHAHEED” quota. The Petitioner has already been given offer letter to join as Police Constable who has already joined his duties. 

4.         Learned counsel for the Petitioner requests that the case of the Petitioner may also be forwarded to Committee constituted for consideration on which learned A.A.G as well as D.S.P Mazhar Alvi have no objection. The Petition is disposed of with the directions to the Respondent No.1 & 2 to forward the case of the Petitioner to the said Committee for consideration. The Committee after allowing ample opportunity of hearing to the Petitioner will pass necessary order within three (03) months. So far as appointment as Police Constable is concerned, the Petitioner has already joined the duty where he may continue.

JUDGE

                                                            JUDGE

Aadil Arab