MUHAMMAD ALI MAITLO vs PROVINCE OF SINDH through Secretary Local Government Sindh Rr

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MUHAMMAD ALI MAITLO VS PROVINCE OF SINDH through Secretary Local Government Sindh Rr.10-a & 11-a---Constitution of Pakistan, arts. 27, 35 & 199---appointments against quota reserved for deceased / invalided / incapacitated employees of Local Government Departments---Scope---adoption of Policy and Rules of Sindh Government by the Local Government Departments for making such appointments---Delay in exhausting the quota---Effect---Contention of the respondents was that petitioners did not apply within the time given in notifications dated 11.03.2008 and 17.07.2009---Validity---Provisos added by notification dated 16.09.2014 omitted the application of earlier notifications to those candidates under the above quota whose right to employment had already occurred---Clog of two years for making the application for employment under the deceased quota for the children, who had already applied for employment before making this rule, was done away with, therefore, the respondents could not make such excuse---Public employment is a source of livelihood; therefore, no citizen shall be discriminated against in the said matter on the grounds as provided under art.27 of the Constitution---Government is bound to make certain quotas in appointments or posts in favor of any less privileged class of citizens which in the opinion of the government is not adequately represented in the services under the state, therefore, R.11-a of Sindh Civil Servants (appointment Promotion and Transfer) Rules, 1974, as amended uptodate is introduced to cater to that situation to accommodate the aforesaid categories of civil/public servants---Primarily, purpose of making beneficial policies about appointment against deceased quota is to minimize the miseries of the family on the death of a serving employee---State is under obligation to protect the family of the deceased, therefore, any policy that violates the guaranteed rights cannot be sustained---High Court with the consent of the parties disposed of the constitutional petition with a direction to Chief Secretary to consider the cases of the petitioners and decide the same in accordance with law.

MUHAMMAD ALI MAITLO vs PROVINCE OF SINDH through Secretary Local Government Sindh Rr — 2024 PLC(CS) 1318 KARACHI-HIGH-COURT-SINDH

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