IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

 

C.P No: D-213/2009

 

 

C.P No: D-1147/2009

 

 

For Katcha Peshi

 

 

10-11-2010.

 

Mr. Shaikh Amanullah for the Petitioner.

Mr. Imtiaz Ali Soomro, AAG.

 

 

                        Case of the petitioner of C.P No: D-213/2009 is that his father was working as Prosecution Sub Inspector when he died on 14-09-1997. The petitioner seeks directions to respondent No. 2 to process his appointment on son quota on the basis of Notification No. 211/2007 dated 21-03-2007 which reads as follows:-

“In exercise of the powers conferred by Article 10 (3) r/w Article 27 of the Police Order, 2002, the Provincial Police Officer is pleased to notify the following Standing Order, in pursuance of amendment made in the Sindh Servants (Appointment Promotion and Transfer) Rules, 1974, vide notification No. SORI (S&GAD)/2-3/2002 dated 02-09-2002, reproduced as under:-

                                 i.      “10-A (1) Notwithstanding anything contained in these rules the appointing authority may appoint one of the children of a civil servant who dies during service to a post in any of the basic pay scales No. 11 to 20; provided that the child possesses the minimum qualifications prescribed for appointment to that post.

                               ii.      The appointment as aforesaid shall be subject to the availability of a vacancy and where two or more vacancies in different pay scales are available at a time and the child possesses the qualifications to make him eligible for appointment to more than one post he will preferably be appointed to the post carrying higher pay scale.

                            iii.      “11-A where a civil servant dies while in service or is declared invalidated for further service, one of his children shall be provided job on any of the pay scales No. 1 to 10 in the department in which the deceased civil servant was working without observance of the prescribed formalities if such child is other eligible for the post.

This shall come into force at once.

This order may be called Appointment of children of executive/ministerial staff who:-

a.       dies during service,

b.      is invalidated”.

 

                        The objective for recruitment against son quota is to give relief to the families of deceased, invalidated, executive and ministerial staff of Police department and keeping such objective in mind, all those Police functionaries, who expired during service, their sons have become entitled for appointment.

                        It appears that the petitioner has become entitled to be appointed in any of the pay scales up to 10. Though he had applied to be appointed as ASI for which the proper mechanism is provided for appointment, counsel for the petitioner states that the petitioner shall be satisfied if his entitlement is processed for pay scale up to 10 in the Police department on son quota basis.

                        We, therefore, allow this petition. Let the petitioner’s case be processed in accordance with the Standing Order No. 211/2007 dated 21-03-2007 for the post up to Grade 10 and in case any further documentation is required, then the petitioner shall furnish the same to the concerned department.

                        In the connected petition i.e. C.P No: D-1147/2009, it is stated that the petitioner appeared in the test for Junior Clerk but failed and, therefore, he was not given employment. Let the petitioner be considered for the post of Constable and his application be processed accordingly. Office to make available copy of this order to AAG.

                        This petition is also allowed in the above terms.

 

                                                                                                Judge

Judge

Rashid