ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P No.D-264 of 2010

DATE         ORDER WITH SIGNATURE OF JUDGE

FOR KATCHA PESHI.

13-10-2011

Mr. Salahuddin Panhwar, Advocate for petitioners.

Mr. Allah Bachayo Soomro, Addl. A.G. Sindh along with Jalil Ahmed Lashari, E.D.O Mirpurkhas and Mrs. Kamla Bherumal, D.O.E Secondary and Higher Secondary, Mirpurkhas.

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          The facts giving rise to this petition are that petitioners’ fathers were serving in Education Department and during their service they passed away. It appears that fathers of the petitioners No.1 & 2 expired in 2004 whereas petitioner No.3’s father expired in 2003.

          Through these proceedings petitioners pray for issuance of their appointment orders on deceased/son quota in view of section 11-A of Sindh Civil Servants (Appointment, Promotion & Transfer) Rules, 1974.

          The respondents have filed their comments whereby they did not deny the contents of the petition. However, in para No.6 of the comments the respondent No.1 stated that petitioners’ applications for their appointments have been sent to the Chief Minister as their appointment can be made subject to the approval of Chief Minister.

          During course of arguments, Mr. Salahuddin Panhwar, learned counsel for the petitioners has placed on record a copy of offer letter issued on 07.03.2009 to one Amanullah s/o Jamaluddin, which reflects that such offer order has been issued to him on deceased quota as his father was died while in service.

          Mr. Jalil Ahmed Lashari, E.D.O Mirpurkhas and Mrs. Kamla Bherumal, D.O.E Secondary and Higher Secondary, Mirpurkhas present in Court do not dispute the genuineness or authenticity of that appointment order. However, they stated that such order has been issued upon approval of summary by Chief Minister and with the approval of D.C.O Mirpurkhas.

          Since the petitioners’ case also falls in same category like Amanullah, therefore, in view of above, we are of the considered view that the petitioners are also entitled for same treatment as provided in article 25 of the Constitution of Pakistan. Even the claim of the petitioners with regard to the death of their fathers during service, is not disputed by the respondents. We are therefore, allowing this petition with direction to the respondents to do the needful. This exercise shall be completed within 02 months.

          Copy of this order be sent to the concerned Secretary through Fax for compliance.

          Petition stands allowed in the above terms.   

          JUDGE

                   JUDGE

A.C