Order Sheet

IN THE HIGH COURT OF SINDH KARACHI

Before:

Mr. Justice Naimatullah Phulpoto

Mr. Justice Adnan-ul-Karim Memon

Constitutional Petition No. D –5059 of 2020

(Muhammad Usman v. Province of Sindh and 02 others)

Mr. Ahmed Ali Ghumro, advocate for the petitioner

Mr. Ghulam Muhammad, advocate for respondent No.3

Mr. Ali Safdar Depar, AAG.

Date of hearing &

order : 19.05.2022

O R D E R

Through the captioned Constitution petition, the petitioner is seeking an appointment on the ministerial post on deceased quota in respondent- Karachi Fisheries Harbour Authority (`KFHA`), in terms of the policy decision of the Government of Sindh including the Rule 11-A of Sindh Civil Servants (Appointment, Promotion & Transfer) Rules, 1974 (Rules-1974).

2. The case of the petitioner has been objected by the respondent Livestock and Fisheries Department, Government of Sindh, on the premise that his case does not cover Rule 11-A of Rules-1974 as the father of the applicant passed on 13.01.2017 and he applied for appointment under the deceased quota on 11.09.2019 after the lapse of two years and eight months. Learned counsel for the petitioner has refuted the stance of the respondent department with the assertion that the petitioner’s father was working as Head Security Guard in Karachi Fisheries Harbour Authority which is under the Live Stock and Fisheries Department, Government of Sindh, his passed away during service on 13.01.2017 thereafter his son applied for the post of Naib Qasid in terms of policy decision discussed supra, however, the respondent Livestock and Fisheries Department, Government of Sindh, declined the request of the petitioner on the aforesaid premise. Learned counsel referred to the application of the mother of the petitioner dated 10.04.2019 addressed to the Managing Director Karachi Fisheries Habour Authority and the Chairman of KFHA recommended the case of the petitioner accordingly, however, the respondent declined without lawful justification.

3. We put the question to the learned AAG as to why the petitioner has been non-suited against the quota reserved for deceased employees of respondent KFHA vide letter dated 02.07.2020. He replied that his father had passed away in the year 2017 and he did not apply within two years from the death of his father. He submitted that petitioner should have applied within time, thus his case was declined.

4. We do not agree with the contention of learned AAG as well as learned counsel representing the respondent No.3 on the aforesaid proposition for the reason that when the petitioner reached the age of majority i.e. 18 years on 18.02.2019, he applied for appointment on deceased quota vide application dated 10.04.2019 through his mother, duly received by respondent KFHA (available at page 35), thus his case covers the policy decision of the Government of Sindh. Besides that, KFHA had already appointed a few officials from BPS-02 to BPS-09 on the deceased quota with the approval of the Chairman of the Board. The respondent Authority has disclosed in the summary that there are five posts of Naib Qasid lying vacant in KFHA and as per KFHA Employees (Service) Rules the required qualification and method of recruitment for the post of Naib Qasid is fair knowledge, reading, and writing in Urdu/Sindhi and English and age required is 18-30 years by direct recruitment and as per recommendation at paragraph 6 of the summary, the petitioner has already been found eligible for the post of Naib Qasid.

5. This being the legal position of the case. This petition is, therefore, allowed along with the pending application(s) with direction to the competent authority /Chief Secretary, Government of Sindh, and respondents to appoint the petitioner against a post reserved for deceased employees in terms of the policy decision for the Government of Sindh as well as under KFHA Employees (Service) Rules. The aforesaid exercise shall be undertaken by them within 15 days from the date of receipt of this order.

Let a copy of this order be transmitted to the Chief Secretary Sindh, Secretary Livestock and Fisheries Department, and Managing Director Karachi Fisheries Harbour Authority for compliance.

J U D G E

Nadir*