ORDER SHEET
IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA
Const. Petition No.D- 291 of 2012
|
DATE |
ORDER WITH SIGNATURE OF JUDGE |
30.1.2013
Mr. Kazi Manzoor Ahmed, advocate for the petitioner.
Mr. Ameer Ahmed Narejo, State counsel.
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It is contended by the learned counsel for the petitioner that with the comments copy of notification dated 17.7.2009 has been filed which reads as under:-
“11-A. Where a civil servant dies while in service or is declared invalidated or incapacitated for further service, one of h is children shall be provided job who applied within a period of two years of death, or declaration of invalidity or incapacity of civil servant, or any of the basic scales 1 to 15, in the Department where such civil servant who working; provided that such appointment shall be made after fulfilment of formalities as required in the recruitment rules and holding interview, for the post applied for.”
It is contended that such notification/amendment cannot be applied in the case of the petitioner retrospectively and he cannot be asked to fulfil the formalities as required in the recruitment rules and holding interviews for the post applied for. Learned counsel for the petitioner concedes that Section 11-A as it stood prior to this amendment on 17.7.2009 may be applied in letter and spirit as for as case of the petitioner is concerned. Learned State counsel concedes that such provisions i.e.11-A duly amended in terms of notification No. SOR-I(S&GAD)2-3/02, dated 01.3.2008 be applied and not the amendment in terms of notification dated 17.7.2009 to consider the case of the petitioner in its letter and spirit. The earlier section 11-A read as under:-
“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 No.1 to 15 in the Department where the deceased declared in validated 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.
By consent, this petition is disposed of with the direction that without observing the prescribed formalities in terms of amendment pursuant to notification dated 17.7.2009, the petitioner’s case may be considered if otherwise eligible for the post in accordance with the recruitment rules as mentioned in Section 11-A which stood prior to latest amendment by virtue of notification dated 17.7.2009. The compliance be made within two months.
Petition is disposed of in the above terms.
Judge
Judge