The Sindh High Court (SHC) has directed the provincial government to appoint five petitioners under the deceased employee quota, reaffirming that the right to employment under this category cannot be withdrawn once it has accrued.
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A constitutional bench of the SHC issued the ruling while hearing petitions related to the non-provision of jobs under the hereditary or “son quota” for children of deceased government employees. The court ordered authorities to issue appointment letters to the petitioners within 15 days.
During proceedings, the court held that the entitlement under the deceased quota becomes effective immediately after the death of a government servant. It observed that such rights are protected under the law and cannot be nullified by later judicial decisions or administrative changes.
The bench further clarified that the Supreme Court’s 2024 judgment in the Islamabad GPO case, which struck down Rule 11-A of the Sindh Civil Servants Rules 1974, would not apply retrospectively to cases where the right had already accrued.
According to the court, the issuance of appointment letters is a procedural and administrative formality and does not determine the existence of the underlying legal right. It emphasized that once departmental recruitment committees recommend candidates under the deceased quota, government departments are bound to act on those recommendations.
The petitioners had applied for government jobs in various departments after the deaths of their parents in accordance with Rule 11-A of the Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974. Their applications had been approved by relevant departmental committees but were later put on hold following the Supreme Court ruling.
The court reiterated that accrued rights cannot be taken away retrospectively and directed the authorities to ensure compliance without delay.
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Legal observers say the ruling reinforces protections for dependent family members of deceased government employees and clarifies the application of past judgments on pending recruitment cases.