1. ' The petitioner claims to be stepson of Mrs. Shamshad Abbasi, who was serving as Inspector in Police Department having excellent service career of 17 years. Upon her demise her stepson has proceeded to avail an opportunity to serve Sindh Police; having requisite qualification applied to the competent authority. He was interviewed but till this date his request could not be finalized, therefore, he has invoked the constitutional jurisdiction seeking the following relief:--
(i) To direct the respondents including Provincial Police Officer (P.P.O.) Sindh and Deputy Inspector- General (T&I) to implement the orders of his superiors and to appoint the petitioner as an Assistant Sub-Inspector (BS-9) in pursuance of SGA&CD's Notification, dated 2-9-2002 (Annexure "B") against son quota of the deceased Mrs. Shamshad Begum as Inspector of Police Department.
(ii) To restrain the respondents from making appointments in the Sindh Police for the post of A.S.-I.
2. BS-9 against "son quota".
(iii) To direct the respondents to perform their legal and statutory duties.
(iv) Any other or additional relief as this Honourable Court may deem just and fit in the circumstances of the case.
(v) Cost of proceedings.
3. ' It is contended by the learned counsel for petitioner that by virtue of Notification No,SORI(S&GAD)2-3/2002, promulgated on 2-9-2002 amending in Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974 by way of inclusion of Rule 11-A the petitioner has an inherent right to apply for the post on the demise of his stepmother, which reads as follows:-- "11-A. Where a civil servant dies while in service or is declared invalidated or incapacity for further service one of his children shall be provided job on any of the pay scales Nos.1 to 10 in the department in which the deceased 'civil servant was working without observance of the prescribed formalities if such child is otherwise eligible for the post."
4. ' It is urged that the above notification holds the field, therefore, the petitioner has applied to the Chief Minster Sindh to be appointed in Police Department in place of his deceased stepmother. It is also pointed out that after due consideration the Section Officer (Police-I) of the Home Department of Government of Sindh wrote a letter dated 26-1-2006 to the Provincial Police Officer Sindh, who in turn, wrote a letter to the Deputy Inspector-General of Police, in consequence whereof the petitioner was interviewed. Subsequent thereof, no response was received from the office of D.I.-G.
5. Although the petitioner has been running from pillar to post for availing the benefit in connection with the facility available to him in respect of above notification.
6. ' The respondents, in the parawise comments, have categorically stated that the Deputy Inspector- General of Police (Administration) had reported that the petitioner was not the real son of the deceased Lady Inspector Mrs. Shamshad Abbasi, hence could not claim for his appointment to the rank of A.S.-I. Under Sindh Civil Servants Act, 1973 as such recruitment shall be through appropriate Public Service Commission in the light of sub-para.(3) of section 7 of the Police Order, 2002 and the appointment of the petitioner to the rank of A..S.-I. Is beyond the power of the Deputy Inspector- General of Police (Training and Inspection) Sindh.
7. ' We have considered the arguments advanced at bar.
8. ' The definition of "family" is prescribed under Rule 3(c)(i) and (ii) of the Sindh Government Servants (Conduct) Rules, 1966, which reads as under:- 3(c) "Member of a Government servant's family" includes---
(i) his wife, children, and step-children, parents, sisters and minor brothers, residing with and wholly dependent upon the Government servants; and
(ii) any other relative of the Government servant or his wife when residing with and wholly dependent upon him; but does not include a wife legally separated from the Government servant, or a child or step-child who is no longer in any way dependent upon him, or of whose custody the Government servant has been deprived by law; and ' It is specifically borne out from the above provision of law that the stepchild also falls within the category of the family members of a A Government servant and shall be entitled to the benefits available under the Sindh Civil Servants Act, 1973.
9. ' Adverting to the contention raised on behalf of the respondents about the maintainability of the petition, learned counsel for petitioner has invited our attention to the Standing Order 211 of 2007 dated 21-3-2007, which is still in existence, relates to the extent of the relief to the families of the deceased, invalidated, executive staff and ministerial staff shall be 10% quota of the vacancies, shall be kept reserved for accommodation of the family members of the deceased and preference should be given to the children of the deceased servant over invalidated. There is no caveat to the fact that the petitioner has controverted the stand of the respondents about his status. He claims to be stepson of the deceased Lady Inspector Mrs. Shamshad Abbasi and is entitled to the benefit available under Standing Order 211 of 2007, therefore, in all fairness, petitioner is hereby accommodated in terms of the above Standing Order and is directed to resort to the competent authority for redress of his grievance which shall be considered in accordance with the Standing Order referred hereinabove, the case of the petitioner should be determined on the basis of qualification-cum-fitness.
10. ' With the above observation C.P. No,D-500 of 2007 hereby stands disposed of.