IN THE HIGH COURT OF SINDH, CIRCUIT COURT,

LARKANA

Constitutional Petition No. D- 471 of 2020.

Before:

Mr. Justice Zafar Ahmed Rajput.

Mr. Justice Adnan-ul-Karim Memon.

Petitioner: Nasir Ali son of late Abdul Majeed Zangejo, through Mr. Muzafar Ali Wadhio.

Respondents: Province of Sindh and others, through Mr. Liaquat Ali Shar, Additional Advocate General.

Date of hearing: 04.08.2021.

Date of Order : 04.08.2021.

O R D E R

Adnan-ul-Karim Memon, J-. Throughthis constitutional petition under Article 199 of Constitution of Islamic Republic of Pakistan 1973, the petitioner seeks directions to the competent authority of respondent-Revenue Department Government of Sindh for his appointment to some post in Revenue Departmentin terms of Rule 11-A of Sindh Civil Servant (Appointment Promotion and Transfer) Rules, 1974.

2. Mr. Muzafar Ali Wadhio learned Counsel for the petitioner, has argued that the petitioners’ father passed away during service in the year 2009; that upon his death, he filed an application before the competent authority of Revenue Department within time as prescribed by the law; and, since then no decision has been taken by the respondent-department for his appointment on deceased quota on a suitable post as per his qualification and eligibility. In support of his contention, he heavily relied upon Rule 10-A and Rule 11-A of Sindh Civil Servants (Appointment, Promotion, and Transfer) Rules, 1974, and argued that the petitioner is entitled to be considered for any suitable post under the law.

3. Mr. Liaquat Ali Shar, learned Additional Advocate General, initially resisted this petition on the premise that the petitioner did not apply in time for the subject post, as such his case could not be considered for appointment, however, we confronted the legal position of the case to him; and, several cases, decided by this Court on the subject issue, he in principle agreed for disposal of this petition accordingly. However, he submitted that the case of the petitioner for appointment on quota reserved for deceased employees may be referred to the competent authority of the Government of Sindh for consideration in the light of Rule 11-A of Sindh Civil Servant (Appointment Promotion and Transfer) Rules, 1974, subject to the exception made therein.

4. We have heard learned counsel for the parties on the aforesaid issue and perused the material available on record as well as decisions of the Honorable Supreme Court on the subject issue.

5. We have noticed that the father of the petitioner, namely, Abdul Majeed Zangejo, Ex-Naib Qasid of the office of Deputy Commissioner Larkana, passed away on 26.7.2009, during service. At the time of the death of the father of the petitioner, he was underage and due to tender age, he couldn't obtain CNIC and other supporting documents. However, on attaining the age of majority i.e. (18) years on 06.02.2019, the petitioner applied for his appointment against deceased-quota on 19.06.2019. The aforesaid factum was duly endorsed by the Additional Deputy Commissioner Larkana vide letter dated 11.2.2020 addressed to Assistant Secretary, Board of Revenue Sindh, Hyderabad available on record. The learned Addl. A.G. endorsed the aforesaid factual position of the case and referred the order dated 07.11.2019 passed by this Court in C.P. No. D- 3218 of 2017 and other connected petitions, whereby this Court disposed of the petitions in the light of judgment passed by the Honorable Supreme Court in C.P. No. 482-K and 403-Kof 2016 vide Order dated 10.08.2016 and directed the competent authority to scrutinize and consider the cases of petitioners (therein) underthe law and the prescribed rules, procedure, and policy. The aforesaid decision of this Court was assailed before the Honorable Supreme Court in Civil Petition No. 739-K and 740-K of 2019, whereby the Honorable Supreme Court vide Order dated 16.7.2021 was pleased to dismiss the petition(s) by maintaining the judgment passed by this Court. Primarily, the case of the petitioner is akin to the cases decided by this Court as discussed supra. An excerpt of the order dated 16.7.2021 passed by the Honorable Supreme Court is reproduced as under:

“Heard the petitioners in person and perused the record. No case is made out for our interfering with the impugned judgment. The petitions are dismissed.”

Prima-facie, the plea of learned A.A.G. is tenable in the light of the latest verdict of Honorable Supreme Court as discussed supra.

6. Accordingly, the instant petition is disposed of in the terms that Petitioner shall submit his application along with supporting material/documents to the Chief Secretary, Government of Sindh, through any recognized courier service on or before 16.08.2021, for scrutiny and consideration and decision through a speaking order on or before 23.08.2021 strictly under the law and the prescribed rules, procedure and policy, and after providing the opportunity of hearing to the petitioner. Offer letter shall be issued to the petitioner if his case for appointment on deceased quota is approved by the Chief Secretary/competent authority where after petitioner shall complete all legal and codal formalities required under the law and the relevant rule, procedure, and policy.

7. The compliance report in the above terms shall be filed by the Chief Secretary, Government of Sindh, through learned A.A.G. with the Additional Registrar of this Court.

8. Office is directed to send copy of this Order to the Chief Secretary Sindh and Senior Member Board of Revenue, Government of Sindh for its compliance in letter and spirit.

9. By consent, this petition is disposed of in the above terms with no order as to costs.

Judge