Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as Const. P. 51/2026 (SHC). In this matter between Const. P. 51/2026 (D.B.) Amjad Ali Buriro and PO Sindh & Others Sindh High Court, Circuit at Larkana, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.

Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.

Full Judgment Text & Judicial Ruling

COURT: Sindh High Court CASE NO: CITATION: PARTIES: ORDER DATE: BENCH: A.F.R: ------------------------------------------------------------ IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C. P No. D-51 of 2026

Before Mr. Justice Riazat Ali Sahar, Mr. Justice Ali Haider 'Ada',

Petitioner : Amjad Ali Buriro,

Through Mr. Javed Ahmed Soomro, advocate

Official respondents : Through Mr. Mohsin Ali Khan, A.A.G Sindh

Date of hearing : 06-08-2026 Date of order : 06-08-2026

O R D E R

RIAZAT ALI SAHAR, J. - Through the instant constitutional petition, the petitioner prays for a writ for appointment to a post in Fisheries Department, Government of Sindh on the deceased quota under the erstwhile Rule 11 -A of the Sindh Civil Servants (Appointment, Promotion & Transfer), Rules, 1974 [APT Rules). That provision had been declared unconstitutional by the Supreme Court of Pakistan in the case of General Post Office, Islamabad v. Muhammad Jalal (PLD 2024 SC 1276), whereafter Rule 11 -A was omitted from the APT Rules. However, the learned A.A.G. Sindh draws attention to a recent notification dated 30.04.2026 , issued by the Government of Sindh to insert a proviso to the omission of Rule 11-A, which reads: "Provided that if a right of employment had already accrued to any of the children or, as the case may be, spouse of the civil servant, he or she shall not be deprived of the benefit accrued to him or her prior to the judgment of the Hon'ble Supreme Court of Pakistan dated 26.09.2024, passed in Civil Petition No. 3390 of 2021. notwithstanding the omission of Rule 11 -A thereunder, as observed by the Hon'ble Federal Constitutional Court of Pakistan vide order dated 27.02.2026 in F.C.P.LA Nos. 508, 591, 346, 347 , 348, 589, 267, 593, 130 and 35 3 of 2025, and shall be consider ed and decided at the level of the Administrative Department, on merit and in accordance with all provisions of omitted Rule 11-A of the Rules ibid".

Learned A.A.G. Sindh submits that reading said notification with the Sindh Government Rules of Business, all applications for appointment on the deceased quota will now be decided by the Administrative head of the concerned department. In view of the foregoing development, we refer the petitioner to the Secretary, Livestock, Government of Sindh, for assessi ng the petitioner's application under aforesaid Notification dated 30.04.2026. Petition stands disposed of in above terms.

J U D G E J U D G E

Abdul Salam/P.A

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