ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT,

HYDERABAD.

                                               

C.P.NO.D- 647 OF 2010.

                                               

DATE                              ORDER WITH SIGNATURE OF JUDGE

                        1. For Katcha Peshi

                   2. For hearing of M.A 2367/10.

08.12.2010.

 

            Mr. Tehseen Ahmed H. Qureshi, Advocate for Petitioner.

 

Mr. Allah Bachayo Soomro, Additional A.G.

. . . .

 

          This issue has already been decided by us on 25.11.2010 in C.P No.D-830/09 after hearing the Secretary, Education Department, Government of Sindh.

          The learned Additional Advocate General Sindh states that the matter pertains to Irrigation Department and not to the Education Department and therefore, there is no deceased quota in Irrigation Department.

          With profound respects, the law applies to all the departments and the deceased quota is available with the Government and not with the individual department. We, therefore, in view of our order passed in the aforesaid petition allow this petition directing the Competent Authority/Respondent No.3 to extend the benefit of deceased quota to the Petitioner in whose favour the right has been created prior to 17.7.2007 and the refusal on the basis of the amendment made in the Civil Servants Act would not govern the case of the Petitioner.

This petition is allowed in the above terms. The listed application also stands disposed of.

          Copy of this order be faxed to the Secretary, Irrigation Department, Government of Sindh, for his information and compliance.

 

 

                                                                                                JUDGE

                                                          JUDGE