THE HIGH COURT OF SINDH, BENCH AT SUKKUR

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Const. Petition No. D- 154 of 2010

DATE OF HEARING

ORDER WITH SIGNATURE OF JUDGE.

Sanaullah Rajar……………………………...…………….Petitioner.

Versus

P.O.Sindh and others…………………………………….Respondents.

For hearing of main case.

Present:

Mr. Justice Muhammad Shafi Siddiqui &

Mr. Justice Rasheed Ahmed Soomro

For the petitioner: Mr. Muhammad Iqbal Memon Advocate.

For the respondents: Mr. Zulfiqar Ali Naich, Assistant A.G.

Date of hearing: 06-12-2018

Date of decision: 15-01-2019

O R D E R

RASHEED AHMED SOOMRO J., It is the case of the petitioner that he is nephew of Mumtaz Ali Rajar who was serving as ASI in Police Department and posted as Incharge, Police Picket Kot Laloo (P.S.Faiz Ganj), when on 31.10.1997 he embraced martyrdom during encounter with the dacoits while performing his duties. It is further averred that on the recommendation of the Committee, AIGP Establishment issued a letter to DIGP, Sukkur for recruitment of legitimate persons against ‘Shaheed Quota’, wherein name of the petitioner was also included for his appointment as ASI on ‘Shaheed Quota’. All codal formalities viz. verification of credentials, measurement and physical fitness of the petitioner were fulfilled, but the petitioner was not considered to be appointed on the basis of ‘Shaheed Quota’ as he did not come within the definition of legal heirs in view of letter of Home Department dated 20.08.1997, which provided that the nephew of Shaheed cannot be appointed against ‘Shaheed Quota’. Thereafter, petitioner being nephew of the Shaheed applied for the post of ASI and in pursuance of letter issued by the authorities, petitioner appeared before the Recruitment Committee and the petitioner was selected for his appointment as ASI on the basis of ‘Shaheed Quota’ and petitioner also got physical fitness certificate so also qualified the process of the Chest/Height Measurement, but he was not issued offer order on the ground that Government of Sindh, Home Department has imposed a ban on Shaheed Quota except son or brother of the Shaheed. It is also the case of the petitioner that the respondents have issued appointment orders to Muhammad Iqbal and Hakimuddin being cousins of Shaheed for the post of ASI on the basis of ‘Shaheed Quota’, but the petitioner was discriminated and deprived of his valuable right of appointment.

3. Pursuant to notices, respondents filed para-wise comments with a stance that according to previous policies under Memo No. POL-HD/4-1/97, dated 20.08.1997 as well as Notification No. POL-HD/4-3/2012, dated 19.06.2012, issued by Home Department, Government of Sindh so also in the light of Sindh Shaheed Recognition and Compensation Act, 2014, whereby all the previous and present policies issued by the Government of Sindh as well as Standing Orders issued by the IGP, Sindh have been superseded, only son / daughter / widow and brother / sister of the Shaheed officer/personnel being legal heirs are entitled for recruitment against the ‘Shaheed Quota’ subject to fulfillment of required criteria, as such the petitioner being nephew of the Shaheed is not entitled to be recruited against ‘Shaheed Quota’

4. Learned counsel for the petitioner contended that no direct legal heir of the Shaheed Mumtaz is surviving, therefore, with the consent of the legal heirs of deceased, the petitioner being nephew of the Shaheed moved application for his appointment for the post of ASI on the basis of ‘Shaheed Quota’, but he was ignored and not considered for his appointment on the ground that he does not come within the domain of legal heirs of Shaheed. He further contended that the respondents have appointed so many persons other than the legal heirs on the basis of Shaheed Quota, but the petitioner was discriminated and deprived of his valuable right of appointment.

5. Learned Assistant A.G submitted that the post of ASI is to be filled through Public Service Commission, therefore, request of the petitioner could not be considered. He further submitted that as per Sindh Recognition & Compensation Act, 2014, which superseded all the previous policies and Standing Orders, provides that only son/daughter/widow/brother/sister of the Shaheed officer/personnel being legal heirs are entitled for the recruitment against ‘Shaheed Quota’. He prayed for dismissal of instant petition being meritless. In support of his contentions, he relied upon case of Gul Hassan Jatoi and others v. Faqir Muhammad Jatoi and others (2016 SCMR 1254).

6. We have heard learned counsel for the petitioner as well as learned AAG at length and with their assistance have perused the record.

7. In the background of the controversy, it would be necessary to first examine previous Policies and Standing Orders, issued by the Government of Sindh, Home Department so also Sindh Police. Admittedly, deceased Mumtaz Rajar was martyred on 30.10.1997, when according to Policy of Government of Sindh, Home Department vide letter No.POL-HD/4-1/97, dated 20.08.1997 was applicable, but according to said policy the case of the petitioner being nephew of the Shaheed did not fall under the category of ‘Legal Heirs’. Thereafter, right from 2003 to 2014, the recruitment for the post of ASI against ‘Shaheed Quota’ was to be made in Sindh Police in the light of Standing Order No.186/2003 through Sindh Public Service Commission. However, same Standing Order was superseded by a new Standing Order No.279/2014 in the year 2014, but both Standing Orders provided that legal heirs of Shaheed of police officer/official would be son/ brother/ sister/ daughter and widow. Thereafter, the recruitment of ASI on the basis of ‘Shaheed Quota’ is being made in the light of the Sindh Shaheed Recognition and Compensation Act, 2014 read with directions of Government of Sindh contained in Notification No. POL-HD/4-3/2012, dated 19.06.2012, which also provides the same legal heirs as mentioned above. In view of the above, we are clear in our mind that according to previous Policies/ Standing Orders so also Sindh Recognition and Compensation Act, 2014, the petitioner does not fall within the purview of legal heirs of Shaheed, as such his case was rightly declined by the respondents for his appointment as ASI on the basis of ‘Shaheed Quota’. In case of Gul Hassan Jatoi and others (supra), the Hon’ble Supreme Court has been pleased to declare all the Standing Orders issued from time to time by the different Inspector Generals of Police/provincial Police Officers without approval of provincial Government as illegal and void to the extent of prescribing the recruitment rules, terms and conditions of service of the officers/men in Sindh Police.

8. The next contention of learned counsel for the petitioner that so many other persons apart from legal heirs of Shaheed have been appointed on the basis of ‘Shaheed Quota’ and in this regard he has placed on record Photostat copy of Letter dated 16.01.2018, issued by the IGP, Sindh, Karachi to show that apart from legal heirs of Shaheed, nephew of widow and nephew of Shaheed have been considered for their recruitment against ‘Shaheed Quota’ it is suffice to say that in the said letter, produced by learned counsel for the petitioner, mere candidates have been called along with their original documents before Scrutiny Committee, but learned counsel for petitioner has failed to produce any offer/appointment order of the persons who have been appointed against ‘Shaheed Quota’ being nephew/cousins apart from legal heirs, as mentioned above. Hence, said plea of petitioner has no legal sanctity.

9. For what has been discussed above, we are of the considered opinion that the petitioner has failed to make out a case that he was deprived of his legal right of appointment as ASI on the basis of ‘Shaheed Quota, as the petitioner being nephew of the Shaheed does not fall within the definition of legal heirs of Shaheed, as mentioned above. Resultantly, instant petition fails and stands dismissed accordingly.

JUDGE

Ahmad