1. MUHAMMAD SALEEM JESSER, J.---Through this petition, petitioner Noorulllah Narejo has prayed for following relief(s): a. That this Honourable Court may graciously be pleased to issue a writ directing the respondents to appoint the petitioner as police constable/Naib Qasid or on any other suitable post on the basis of son/deceased quota as per provisions of Rules 10-A and 11-A of Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 and office memorandum of government of Pakistan Cabinet Secretariat establishment Division Islamabad dated 20.10.2014.
2. The case of petitioner is that he is son of deceased employee (Hafiz Mohammad Usman) who was appointed by the respondent No,03 as disabled Police Constable and was performing his duties as Pesh Imam of Police Station Masjid, Dhmarah. The father of petitioner died in the Masjid at Police Station Dhamrah during his service on 10.11.2015. The petitioner submits that being male and elder member of the family , he qualified for the post of police constable/Naib Qasid or any other suitable post, and besides he being qualified having intermediate applied for the post against deceased quota by making an application to respondent No,2 in December 2015 (annexure-D) at page 21 of the court file. His application was forwarded by respondent No,2 to respondent No,3 vide annexure- E.
3. Notices were issued to the respondents as well Additional Advocate General, Sindh. In compliance of the orders passed by this court, learned Assistant Advocate General Sindh has filed comments on behalf of the respondents Nos,1 to 3 under the cover of his statement dated 17.11.2017. The respondent No,3 filed his comments on 02.11.2017 who while replying in Paras Nos,9 and 10 of the petition has replied in following terms.
4. "That, after completion of process, regarding recruitment, against deceased quota in pursuance of Rule 11- A of the Sindh Civil Servants (APT) Rule, 1974 the recommendation of the committee report bearing No,D- 11/14234 dated 10.5.2016, was sent to the IGP Sindh, Karachi, by the DIGP/ Larkana Range, (Chairman of the committee), vide his Letter No,E-II/1451 1 dated 12.05.2016, for taking further necessary action. In which the case of petitioner was considered as Naib Qasib being deficient in Height (5"-31/2 )"
5. The respondent No,2 while making comments against paras 7 and 8 of the petition has replied in following terms: "06) That, contents of para No,7 are admitted to the extent that in pursuance of directives of worthy IGP, Sindh Karachi, contend in letter No,3410-19DD-IH/T -S/S&S dated 29.02.2016 a committee was constituted under the Chairmanship of the then DIGP , Larkana Range to consider the cases of candidates/legal heirs of deceased police officers, for recruitment against deceased quota to the post of Police Constable, Junior Clerk and Naib Qasid, in pursuance of Rule 11-A of Sindh Civil Servant (Appointment, Promotion, Transfer Rule, 1974). All the cases of legal heirs were scrutinized in Range Committee along with the case of above named petitioner , who applied for the post of police constable. As per report of SSP, Larkana petitioner was deficient in height by 1-1/2 hence, the range committee forwarded his case for the post of Naib Qasid.
6. Such committee report was sent to CPO Sindh Karachi, vide this office letter No,E-II/1451 1 dated 12.05.2016 for taking further necessary action.
7. 07) That, contents of Para No,08 are humbly denied. Further submitted that worthy IGP, Sindh Karachi, vide his letter No,12779-14 dated 15-07-2016 has intimated that CPO Scrutiny Committee held its meeting and conducted interview of the candidates in CPO Sindh Karachi to consider the cases of legal heirs of deceased / invalid Police Personnel to which the case of Noorullah Narejo son of Late PC/1474 Hafiz Muhammad Usman Narejo of Larkana District was' rejected being deficient in height for the post of Police Constable, also being no vacancy of Naib Qasid."
8. Mr. Ashique Hussain Dhamraho, learned counsel for the petitioner contends that the respondents were legally as well morally bound to appoint the petitioner for the post of police constable, and if he has been found deficient in height he can be appointed as Naib Qasid or at any suitable post according to his qualification in terms of the provision of Rule 11-A of the Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974 which provides the appointment of legal heir/son/child of the deceased employee in the concerned department and in the light of office memorandum issued by Government of Pakistan, Cabinet Secretari at Establishment Division dated 20.10.2014 regarding Assistance of Package for families of the government employees who died during their service on regular basis, even without making advertisement against the post, criteria of which the petitioner fulfills.
9. He next submits that case of petitioner is a genuine one; therefore, being statutor y right, the question of vacancy does not arise and it is for the respondents to accommodate the petitioner being his legal right.. He has also focused upon his statement dated 26.09.2017 whereby he has annexed the copy of appointment order bearing No,OB/957 of 2016 dated 19.08.2016 whereby some 61 candidates were appo inted as Police Constables on deceased quota, however , the name of petitioner was not mentioned in the said list. He has also focused on his statement dated 24.09.2018 whereby he has annexed copy of order issued by IG Sindh Police Karachi thereby had condoned deficiencies of one candidate Fayaz Khan who too was found deficient in respect of his chest measurement, height deficiency as well over age. He next submits that the respondents have been adopting the procedure to pick and choose their favorites as well blue eyed boys of their choice. In support of his contention he has also placed reliance upon the order dated 08.05,2014 passed by Divisional Bench of this Court in C.P. No,D- 546 of 2012.
10. Mr. Munwar Ali Abbassi, learned Assistant Advocate General Sindh submits that the respondents have not disputed that petitioner's father was working in Sindh Police Department and he died during his service. He stated that under the Standing Order issued under the Police Act, 1861, appointment under the deceased quota can be made for the posts of Police Constable, Junior Clerk and Naib Qasid. He therefore extended his no objection for appointment of the petitioner against deceased quota in terms of Rule 11-A of the Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974.
11. We have heard the counsel for the petitioner as well Assistant Advocate General, Sindh and have gone through the submissions as well relevant provisions of law .
12. It is not disputed by the respondents that Rule 11A of the Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974 is attracted to the petitioner's case. The comments of the respondents reproduced above show that while the petitioner was not considered for the post of Police Constable due to deficiency in height, his case was recommended for the post of Naib Qasid but he was not so appointed for the reason that there was no vacancy . But that was the position in the year 2016 when the IGP Sindh communicate the said reason vide letter No,12779-14 dated 15-07-2016. Nothing has been placed on the record to show that a vacancy for the post of Naib Qasid or Junior Clerk did not occur in the last nearly 3 years.
13. This Court in the cases of Abid Hussain v. Director Schools Education, Mirpurkhas [2018 PLC (C. S.) Note 19], and Mir Hassan v. Province of Sindh [2017 PLC (C.S.) 864] has held that the intent of Rule 11A of the Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974 is to rescue/help the family of the deceased civil servant by providing a job, and that it is primarily the duty of the Department to intimate to the family of the deceased civil servant when the benefit of Rule 1 1A becomes available to them.
14. In view of above, the petition merits consideration and the petitioner is entitled to be considered for appointment against deceased quota as Naib Qasid or Junior Clerk as the deficiency in his height for the post of Police Constable, as has been stated by the respondents, does not deprive the petitioner to be appointed against deceased quota for the post of Naib Qasid or Junior Clerk. We therefore direct the respondents to appoint the petitioner to the post of Naib Qasid or Junior Clerk in the Sindh Police against existing vacancy after fulfillment of formalities as required by Rule 1 1-A of the Sindh Civil Servants (Appointment, Promotion and Transfer Rules, 1974.