ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-410 of 2015

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Order with signature of Judge

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Before : Justice Muhammad Ali Mazhar

Justice Muhammad Iqbal Maher

Ghulam Sarwar Jehejo --------Petitioner

Versus

Government of Sindh through

Inspector General of Police ------Respondent

Dated 05.05.2016.

Mrs. Soofia Saeed Shah advocate for the petitioner.

Mr. Abdul Jabbar Qureshi AAG Sindh.

Mazhar Alvi, PDSP, Legal Department Police is present on behalf of AIGP Legal.

Mohammad Ali Mazhar J.- The claim of the petitioner is that his father was performing his duties as head constable in the police department who died on 03.07.2007. The letter of obituary dated 18.07.2007 issued by the Police Department is available at page 18 annexure ‘A’ and death certificate of deceased father of the petitioner is also attached with the petition. At the time of death of his father the petitioner was minor and on attaining the age of majority he applied for the job on son quota basis on 25.02.2009 i.e. within a period of two years. Since then he is filing various applications and reminders but his case has not been considered for the appointment without any lawful justification.

2. Respondent No.1 Inspector General of Police (IGP) filed the comments in which it is stated that directions have been issued to the DIGP Hyderabad Range for dealing/processing the case of the petitioner on son quota basis. It is further stated that the case of the petitioner has not been received in their office with the recommendations of Committee in pursuance of the new standing order No.279/2014 for appointment against Shaheed/son quota while in the concluding paragraphs it is stated that the case has been referred to DIGP Hyderabad Range vide letter dated 31.05.2012 for taking necessary action as per rule/policy. No justifiable reason has been shown in the comments which may be accepted as logical ground for delay in the appointment. The appointment in the police force on deceased/son quota is not new phenomenon but it is quite common. Despite that a discriminatory treatment is being given to the petitioner without any lawful reason and since 2009 he is continuously approaching for his appointment but no serious consideration has been given to him. Since the appointment has not been made so far the petitioner is also entitled to claim the benefit of Rule 11-A of Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974.

3. In view of the above, this petition is disposed of with the directions to the respondents to issue appointment letter to the petitioner within two months from the date of this order after fulfillment of codal formalities as required in the rules for the post applied for.

J U D G E

Farooq PS/*