ISLAMABAD: The Federal Constitutional Courtroom (FCC) on Wednesday rejected a set of appeals filed by the Sindh authorities difficult the Sindh Excessive Courtroom’s (SHC) order concerning appointments below the deceased son/partner quota, ruling that accrued rights of dependents can’t be taken away even when the related rule was subsequently struck down.
Headed by Justice Aamer Farooq, a two-judge FCC bench heard consolidated petitions filed by the province of Sindh towards a number of orders handed by the SHC Circuit Courtroom, Larkana, on completely different dates final yr.
The dispute revolved round Rule 11-A of the Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974which offered for appointments below the deceased son/partner quota.
The respondents, specifically Muhammad Rizwan Khan, Faiza and Saqib Javed, amongst others, have been the spouses or kids of deceased Sindh civil servants who had sought appointments below Rule 11-A of the Sindh Civil Servants (Appointment, Promotion and Switch) Guidelines, 1974.
Observes accrued rights of dependents can’t be taken away, as Sindh govt cites Islamabad GPO case ruling
The Sindh authorities argued earlier than the FCC that because the apex court docket, within the 2024 Islamabad GPO case, had struck down Rule 11-A, no appointments may very well be made thereafter. It contended that the respondents’ rights had not crystallized as appointment letters had not been issued of their favor.
The FCC noticed that the crux of the controversy was whether or not, on the time the Supreme Courtroom judgment was delivered, the suitable had already accrued in favor of the respondents.
Justice Aamer Farooq, who authored the decision, famous that the occasion triggering the accrual of the suitable was the loss of life of the civil servant. As and when the loss of life of a civil servant happens, one of many kids or the partner acquires the suitable to be appointed to the civil service.
Because the proper had already accrued in favor of the personal respondents, the SC judgment didn’t bar their appointment below the deceased worker kids/partner quota, the FCC noticed.
It acknowledged that it was settled legislation that SC judgments function prospectively and never retrospectively. The court docket added that the method of software or issuance of a proper appointment letter constituted administrative acts.
The FCC clarified that procedural necessities couldn’t defeat substantive rights. Because the proper had accrued in favor of the personal respondents, the SC judgment didn’t stand in the way in which of their appointment below the deceased worker kids/partner quota.
The court docket held that the loss of life of the civil servant was the triggering occasion that created a proper in favor of the partner or kids. The following administrative processes of software and issuance of appointment letters have been merely formalities that didn’t have an effect on the substantive proper that had already accrued.
Consequently, the FCC held that the petitions lacked benefit and dismissed them. The court docket dismissed all petitions filed by the Sindh authorities and upheld the SHC instructions for appointments below the deceased son/partner quota.
Printed in Daybreak, March twelfth, 2026
