ALI JAN PANHWAR vs PROVINCE OF SINDH through Secretary Sindh Small Industries, Corporation, Sindh Secretariat,

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ALI JAN PANHWAR VS PROVINCE OF SINDH through Secretary Sindh Small Industries, Corporation, Sindh Secretariat, Karachi Rr. 10-a & 11-a---Constitution of Pakistan, arts. 4, 27, 34, 35 & 199---appointment---Deceased quota---Cut-off date for making application for appointment in the deceased quota---Determination---Petitioners applied for their appointment against the quota reserved for deceased employees and/or who were declared invalidated or incapacitated for further service---Respondent-departments initially took a plea that the petitioners did not apply for their appointment within time, thus, petitioners were not entitled for their appointment, however, subsequently, they sought disposal of the cases in terms of the ratio of order dated 10.08.2016 passed by the Supreme Court in C.Ps. Nos.482-K and 503-K of 2016---Validity---High Court observed that in view of notification dated 16.09.2014 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 respondents could not make this excuse to refuse the appointments as they were required to go through the order of the Supreme Court and make up their mind to consider the candidature of the petitioners strictly under law and decision made by the Supreme Court on the subject issue---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 citizens which in the opinion of the government are not adequately represented in the services under the State, thus R. 11-a of Rules, 1974 as amended up-to-date was introduced to cater to this situation to accommodate the aforesaid categories of civil servants---Primarily, the purpose of making beneficial policies about appointment against deceased quota is to minimize the miseries of the family of the deceased on the death of a serving employee, however, by introducing such a policy a citizen cannot be deprived of his/her protected rights---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 the law with the particularity that no one can take action against him/her detrimental to his/her life and liberty and cannot be prevented from an act which is not prohibited by law---Respondents-/Government of Sindh has to make recruitment to every post applied by the candidates under the law as discussed supra as well as based on invalidated or incapacitated/minority/differently-abled and deceased quota reserved for those employees by issuing appointment order by invoking either R.11-a of Sindh Civil Servants (appointment Promotion and Transfer) Rules, 1974, or policy/guidelines of Government of Sindh on the subject issue---Constitutional petition was disposed of, in circumstances.

ALI JAN PANHWAR vs PROVINCE OF SINDH through Secretary Sindh Small Industries, Corporation, Sindh Secretariat, Karachi Rr — 2025 PLC(CS) 944 KARACHI-HIGH-COURT-SINDH

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