ABDUR RAUF MAHAR vs PROVINCE OF SINDH through Chief Secretary Government of Sindh Rr

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

ABDUR RAUF MAHAR VS PROVINCE OF SINDH through Chief Secretary Government of Sindh Rr. 10-a & 11-a---Constitution of Pakistan, arts. 9, 27, 34, 35 & 199---appointment---Deceased quota---Petitioner, a minor, at the time of death of his father, who was an employee of Revenue Department---Petitioner on attaining the age of majority applied for his appointment against deceased quota---Rejection of his claim on the ground that he did not apply within time for the subject post---Contention of the petitioner was that on attaining the age of majority he had become entitled for his appointment against deceased quota without having any impact of clog that applicant, whose father had expired during service on or before 16.09.2014, would be required to apply against the deceased quota appointment within two years from the date of death of his father---Validity---Father of the petitioner had died before the restraining clause envisaging a cap of 02 years on legal heirs of deceased or incapacitated employees to apply for a job was introduced in S.11-a of the Sindh Civil Servants (appointment, Promotion, and Transfer) Rules, 1974 (Rules), thus, limitation of 02 years to apply for a job after the death of his father could not apply to the case of petitioner for the reason that just after attaining the age of majority, petitioner became entitled to apply against the deceased quota appointment---Public employment is a source of livelihood, thus, no citizen should be discriminated 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 citizen which in the opinion of the government is not adequately represented in the services under the State, thus, R. 11-a of Rules as amended up-to-date was introduced to cater to such situation to accommodate the aforesaid categories of civil servants---Under art.35 of the Constitution, the State is under obligation to protect the family of the deceased, thus, any policy that violates guaranteed rights cannot be sustained and if such a policy is approved, it will amount to defeating another constitutional guarantee provided under art.34 of the Constitution---It is an inalienable right of every citizen to have the protection of the law and also to be treated and dealt with under art.9 of the Constitution with the particularity that no one can take action against him/her detrimental to his/her life and liberty and he/she cannot be prevented from an act which is not prohibited by law---Constitutional petition was disposed of, in circumstances.

ABDUR RAUF MAHAR vs PROVINCE OF SINDH through Chief Secretary Government of Sindh Rr — 2024 PLC(CS) 1572 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2024 PLC