ORDER
SHEET
IN THE
HIGH COURT OF SINDH BENCH AT SUKKUR
C. P.
No. D – 2879 of 2012
Along with C. P. No. D – 2253, 3452, 5394 of 2016, 409, 964, 1600, 1731, 2001, 2273, 2280 of
2017, 192, 202, 203, 379, 458 & 490 of
2018.
|
Date of hearing |
Order with signature
of Judge |
For
hearing of main case
04.09.2018
M/s Alam Sher Bozdar, Hamayoon Shaikh, Muhammad
Nawaz Qasi, Asadullah Khand, Abdul Waheed Bhanbhro and Ms Shahnila Eram
Advocates for the petitioners.
Mr. Liaquat Ali Shar, Additional Advocate
General a/w PDSP Mahmood
Hussain Simair, Inspector Zaheeruddin
Babar, Ghotki, Inspector Shaukat Ali Bhayo DIG office, SIP Imdad Ali
Khairpur, SIP Mir Hashmat Ali Naushahro
Feroze.
................
These
petitions involve deceased families’ right. In all the petitions, it is claimed
that on account of the sad demise of an employee, 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 otherwise eligible for the post. In all the cases, the
applications are available. In some of the cases learned Additional Advocate
General stated that some of the applicants are over age and as such does not
come within the frame of section 11-A of Sindh Civil Servants
(Appointment, promotion and Transfer) Rules 1974.
We
have heard the learned counsel on the point of being over aged. All those applications
which have been moved by the applicants / petitioners and are objected on the
ground of being overaged, shall be considered in the light of this relaxing
policy of Rule 11-A as amended. In our view, this Rule 11-A of Sindh Civil
Servants (Appointment, promotion and Transfer) Rules 1974 was introduced to cater
the family of a deceased employee. It is not a routine employment prescribing a
criteria or rules and regulations. This Rule 11-A is meant and in fact a
relaxation in the employment policy and the prescribed formalities are to be
ignored. Similarly, if the applicant being a child of a deceased has applied
within the prescribed period in terms of the amendment in Rule 11-A of Sindh
Civil Servants (Appointment, promotion and Transfer) Rules 1974 then this is
material that he was overaged at the time of application as cause accrued to
him on account of sad demise and thus the case of all those applicants be
considered in accordance with law by observing a lenient attitude towards
the age. His cause triggered only on account of sad demise of his / her father
and that may be at the time when he was over age. If the strict rules of
recruitment are to be applied, then the purpose of the subject provision shall
be frustrated. Hence, all these applications shall be considered strictly in
terms of Rule 11-A ibid and the latest pronouncement of Hon'ble Supreme Court
in C. P. No.482-503-K of 2016, within three months. Those applicants who
have applied on son quota, the Department may decide on the basis of policy and
in terms of Rule 11-A ibid.
All
the petitions stand disposed
of in the above terms.
__________________
J U D G E
__________________
J U D G E
N.M.