Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Official Citation: 2024 SHC 474
Court / Jurisdiction: Sindh High Court
Year of Decision: 2024
Decision Date: 2024-05-14
Parties: Muhammad Shafique Solangi vs Federation of Pakistan & others
Ruling Summary: This decision was rendered by the Sindh High Court on 2024-05-14, officially reported as 2024 SHC 474. In this matter between Muhammad Shafique Solangi and Federation of Pakistan & others, 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.
Case cited as 2024SHC474
Court Name: Sindh High Court Judge(s): Adnan-ul-Karim Memon, Muhammad Abdur Rahman Title: Muhammad Shafique Solangi vs Federation of Pakistan & others Case No.: Constitution Petition No. D-321 of 2020 Date of Judgment:2024-05-14 Reported As: 2024 SHC 474 Result: Order Accordingly
Judgment
ORDER Adnan-ul-Karim Memon J:- The petitioner Muhammad Shafique seeks direction to the respondent-President Zarai Tarqiati Bank Limited, Islamabad to appoint him against deceased quota in terms of Human Resource Procedural Manual 2017 of ZBTL and dicta laid down by the Supreme Court in the case of Province of Sindh Vs. Muhammad Taqi Shah (2018 SCMR 1607). The grievance of the petitioner is that his father Ghulam Qadir was serving in respondent-Bank as OG-I Audit Zone ZTBL Sukkur, who during his service passed away on 14-02-2018 and after the death of his father, the petitioner continuously approaching the respondent-Bank for his appointment on deceased quota as per policy of the Bank, but they are avoiding to appoint him, although the petitioner is entitled for such relief, hence this petition. Learned AAG, Pakistan has opposed this petition and referred to the parawise comments filed on behalf of respondents No. 2 to 4. He further submitted that Rule 11-A of Civil Servants (Appointment, Promotion & Transfer) Rules, 1974 are not applicable to respondent-Bank and prayed for dismissal of the petition. We have heard the parties and perused the material available on record. It appears that as per recruitment and selection policy of respondent-Bank there seems to be no provision of quota system, which is based on open merit. If this is the position of the case, the petitioner is required to follow general guidelines for recruitment and selection and apply for the post and his case shall be considered in accordance with law and Policy. Let the application of the petitioner be entertained by the respondent-Bank and if he is found eligible in all respects, he may
---
## Page 2
be allowed to participate in any of recruitment process, if initiated in future and his candidature shall be considered without discrimination. Let notice be issued to the President Zarai Tarqiati Bank Limited, Islamabad, along with a copy of this order for its compliance in letter and spirit.