IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.
C.P No: D-720/2009
For Katcha Peshi
Mr. Manzoor Hussain Larik for the Petitioners.
Mr. Mohammad Bachal Tunio, Additional Advocate General.
The petitioners claim to be the sons of Primary School Teachers and want to be appointed as such on deceased quota basis. The father of petitioner No. 1 died in 2008 and the father of petitioner No. 2 died in 2004. This fact has not been disputed. The petitioners claim that they may be appointed in terms of the Government policy against quota of children of the deceased civil servants. The relevant policy reads as follows:-
“10-A. Notwithstanding anything contained in these rules, where a civil servant dies while in service or is declared invalidated/incapacitated for further service, one of his employed children may be employed against a post meant for initial appointment in BPS-16 and 17 for which he possesses the minimum qualifications prescribed to that post:
Provided that such child may be given ten additional marks in the aggregate by the Public Servant Commission or the appropriate Selection Board or Committee, if he otherwise qualifies the test, examination or interview.
Provided further that a person who may have applied under this rule and qualifies purely on merit shall not be awarded any additional marks and his selection shall be made on merit and not under this rule”.
11-A. Where a civil servant dies while in service or is declared invalidated or incapacitated for further service, one of his children shall be provided job on any of the basic pay scales 1 to 15 in the department where the deceased, declared invalidated or incapacitated civil servant was working, without observing the prescribed formalities, if such child is otherwise eligible for the post in accordance with the recruitment rules”.
This policy clearly entitles one of the children of the deceased civil servant to be taken into employment for the post from BPS-1 to BPS-15. The only reason for not appointing the petitioners is that the Chief Minister was of the opinion that for the appointment to the post of Primary School Teacher, the criteria has been fixed by the World Bank and the appointment of the petitioners as PST would violate the understanding with the World Bank. Counsel for the petitioners states that the petitioners do not press for appointment as Primary School Teachers but under the policy, they can be appointed for the post of Naib Qasid or Chowkidar and they are ready to accept such positions.
In view of such statement, the Additional Advocate General states that the applications of the petitioners shall be processed under the required policy upon fulfillment of the documentation as required in Paragraph 4 of the above policy.
This Petition is allowed. Let the petitioners apply in terms of Paragraph 4 of the policy. Their applications shall be processed and finalized under the said policy for any posts to which they may be entitled to.
Judge
Judge
Rashid