GHULAM MUSTAFA MALLAH vs PROVINCE OF SINDH through Secretary Works and Service Department, Sindh Rr — 2025 PLC(CS) 68 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 PLC(CS) 68 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: PLC
Parties: GHULAM MUSTAFA MALLAH vs PROVINCE OF SINDH through Secretary Works and Service Department, Sindh Rr
Subject matter: Constitutional

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

Judgment text as reported

GHULAM MUSTAFA MALLAH VS PROVINCE OF SINDH through Secretary Works and Service Department, Sindh Rr. 10-a & 11-a---Constitution of Pakistan, arts.27 & 199---appointment---Deceased quota---Cut of date for making application for appointment in the deceased quota---Determination---Petitioner applied for his appointment against the deceased quota after the death of his father---Respondent-department took a plea that father of the petitioner passed away in the year 2001, whereas, R.11-a was inserted in the year 2002, thus, petitioner was not entitled for his appointment owing to non-existence of policy/deceased quota at that point in time---Validity---Right accrued to the children of deceased civil servants against deceased quota in terms of the decision of the Supreme Court through its order dated 10.08.2016 passed in C.Ps.Nos.482-K and 503-K of 2016, whereby it was held that those candidates under the above quota whose right of employment had already occurred and the 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---Thus, the plea of the respondent-department was not tenable---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---Constitutional petition was disposed of, in circumstances.

Other judgments reported in 2025 PLC

2025 PLC(CS) 1593 SUPREME-COURTPROVINCE OF SINDH VS AMANULLAH 'Mutatis mutandis'---Connotation---Expression mutatis mutandis generally applies for making certain adjustmen…
2025 PLC(CS) 1663 SUPREME-COURT-AZAD-KASHMIRSHEHROZE RAHEEM MUGHAL VS PUBLIC SERVICE COMMISSION R. 11---Identical cases, entertaining of---Scope ---Petitioner, while relying on R. 11 o…
2025 PLC(CS) 606 SUPREME-COURT-AZAD-KASHMIRGHAZANFAR ALI VS VICE-CHANCELLOR, UNIVERSITY OF AZAD JAMMU AND KASHMIR Principle---adequate alternate remedy----Under common law, remedy of…
2025 PLC(CS) 1663 SUPREME-COURT-AZAD-KASHMIRSHEHROZE RAHEEM MUGHAL VS PUBLIC SERVICE COMMISSION Conduct of the party invoking writ jurisdiction of High Court---Scope and effect ---Peti…
2025 PLC(CS) 1663 SUPREME-COURT-AZAD-KASHMIRSHEHROZE RAHEEM MUGHAL VS PUBLIC SERVICE COMMISSION administration of justice---Points ascertained at time of admission of case---Subsequent…
2025 PLC(CS) 1663 SUPREME-COURT-AZAD-KASHMIRSHEHROZE RAHEEM MUGHAL VS PUBLIC SERVICE COMMISSION Doctrine of laches---Indolence of aggrieved party---Effect---Petitioner filed the writ p…

Back to the case-law library · Search Pakistani case law in Urdu or English