NOMAN ALI MEMON vs PROVINCE OF SINDH through Chief Secretary R — 2025 PLC(CS) 1132 KARACHI-HIGH-COURT-SINDH |

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NOMAN ALI MEMON VS PROVINCE OF SINDH through Chief Secretary R. 11-a---appointment under deceased quota---Liberal interpretation of deceased quota rules/policy in favor of legal heirs---Scope---The provisions of employment under deceased quota were a beneficial subordinate legislation and cleared an ambiguity in the existing service rules regarding the appointment of children of employees who died during service or became incapacitated to perform the service further, thus the interpretation of such legislation would be construed in a liberal perspective. art.199---Employment---Constitutional jurisdiction of the High Court, exercise of---appointment under deceased quota---Fundamental rights---Scope---High Court being custodian of the fundamental rights of the citizens cannot shut its eyes when it reaches to a conclusion that action on the part of a statutory body or organization resulted in infringement of fundamental rights of a person---Though the appointment process is an internal mechanism of the department wherein High Court sparingly interferes but would not hesitate to step in when a right to job otherwise available under the law was declined in a slipshod manner. Legal heir's entitlement to service benefits upon death of employee during service---Scope---Employment in civil service is a source of earning livelihood for the families; denial of such a right in a casual manner is never warranted under the law---It is the duty of the administrative department in which deceased employee worked to inform in time to his family the accrual of any of the benefits or rights in their favor on account of bereavement of employee while in service. Rr.10-a & 11-a---Constitution of Pakistan, arts. 4, 5, 9, 25, 27 & 199---appointment under deceased quota, right of---appointment of legal heirs upon demise of employee during service---Eligibility and scope---The petitioner's father was serving as a Superintendent (BS-17) in the District Education Office when he passed away during service on 02.12.2019---The petitioner, as a surviving legal heir applied for appointment under the deceased quota---Respondents reluctance in appointing the petitioner prompted him to file the present constitutional petition---The respondents opposed the claim, citing that R. 11-a, which governed such appointments, had been omitted following the Supreme Court's judgment reported as PLD 2024 SC 1276, resulting in the withdrawal of Rr. 10-a & 11-a of the aPT Rules, 1974, thereby extinguishing the deceased/son quota policy---Validity---Held: Perusal of record revealed that the case of the petitioner for appointment under deceased quota was pending decision with the department since five years for unknown reasons though his father died on 02.12.2019 and Rr. 10-a & 11-a were inserted in the Sindh Civil Servants (appointment, Promotion and Transfer) Rules, 1974 (the aPT Rules) through sub-ordinate legislation---admittedly, a right in favor of the family of the deceased employee accrued when policy to accommodate the children of deceased employees was introduced---Rules 10-a & 11-a of aPT Rules were beneficial provisions aimed at supporting the bereaved families of deceased civil servants who died during service---The department acted with gross negligence in petitioner's case and he should have been given equal treatment as meted out to the children of other employees who became entitled to get benefit of the Rules mentioned above during the applicable period---The case of the petitioner was not affected by the judgment of the Supreme Court reported as PLD 2024 SC 1276, because of the reason that father of the petitioner died while in service in the year 2019 and such right accrued to him in year 2019 and subsisted until 26.09.2024 when the decision of the Supreme Court was passed---The Supreme Court in the said case protected the appointments made during the intervening period of 2002 to 2024 meaning thereby that the rights of a bereaved family for appointment under said provision of law during the above period remained unaffected---Denial of job to the petitioner under deceased quota was an act of discrimination and he was not dealt with in accordance with law thereby violating his fundamental rights enshrined under arts. 4, 5, 9, 25 & 27 of the Constitution---Case of the petitioner was pending adjudication before the competent authority since 2019 and by that time the policy regarding employment of children of ex-employees who died while in service or retired being incapacitated to further perform services was in force---Respondent authorities were directed to consider the case of petitioner for appointment in accordance with law and applicable rules---Constitutional petition was allowed, in circumstances. art.189---Judgments of the Supreme Court---Prospective application---Judgments of the Supreme Court operate prospectively unless declared otherwise.

NOMAN ALI MEMON vs PROVINCE OF SINDH through Chief Secretary R — 2025 PLC(CS) 1132 KARACHI-HIGH-COURT-SINDH

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