ABDUL HUSSAIN vs PROVINCE OF SINDH through Secretary Agriculture Department Sindh Rr — 2025 PLC(CS) 916 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 PLC(CS) 916 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: PLC
Parties: ABDUL HUSSAIN vs PROVINCE OF SINDH through Secretary Agriculture 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

ABDUL HUSSAIN VS PROVINCE OF SINDH through Secretary Agriculture Department Sindh Rr. 10-a & 11-a---Constitution of Pakistan, arts. 9, 27, 34, 35 & 199---appointment---Deceased quota ---Eligibility of legal heirs for appointment after death of employee---Petitioner applied for his appointment against deceased/father quota but his claim was not decided by the competent authority---Denial of job to the petitioner under deceased quota would be an act of discrimination, as it appeared from record that the petitioner was not dealt in accordance with law, he suffered due to red-tapism and lethargy of the department, which violated his fundamental rights enshrined under arts. 4, 5, 9, 25 & 27 of the Constitution---Case of the petitioner was pending adjudication before competent authority for consideration since 2002 and at that time policy regarding employment of children of ex-employees, who died while in services or retired being incapacitated to further perform services, was in force, therefore, the same shall not be affected in any manner---Court being the custodian of the fundamental rights of citizens could not shut its eyes when it reached 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 was an internal mechanism of the department wherein the High Court sparingly interfered but the Court would not hesitate to step in when a right to job otherwise available under the law was declined in a slipshod manner---Petition was allowed accordingly.

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