The Sindh High Court (SHC) has ruled that appointments under the deceased quota must primarily benefit the children of a deceased civil servant, and a widow can only be considered if all children are minors at the time of the employee’s death.
The court observed that the purpose of the law is to support the families of government employees who die in service or become permanently incapacitated, with preference given to their children for employment opportunities.
A two-member constitutional bench headed by Justice Muhammad Saleem Jessar made the remarks while disposing of a petition filed by a woman seeking appointment under the deceased quota after the death of her husband, a government employee.
The petitioner, Rabia, stated that her husband, Mumtaz Ahmed, an assistant (BS-16) in the Sindh Excise, Taxation & Narcotics Department, died in November 2022 while in service. She said her application for a job under the deceased quota was not processed.
The court was informed that the deceased employee was survived by two wives and children from both marriages.
The Additional Advocate General argued that under Rule 11-A of the Sindh Civil Servants (Appointment, Promotion & Transfer) Rules, 1974, appointment under the quota required nominations and no-objection certificates from all legal heirs.
He further stated that one of the wives had refused to give consent, due to which the case could not proceed.
The SHC noted that the framework governing deceased quota appointments requires unanimous consent of legal heirs and falls within the executive domain of the provincial government, and therefore cannot be interfered with by the judiciary.
The bench observed that although the widow is entitled to pension and other benefits, the legislative intent prioritizes employment for children of the deceased employee.
It added that Rule 11-A was amended to include provisions for widows in 2016, but such appointments are only applicable when all children of the deceased are minors.
In its decision, the court noted that the deceased employee had one daughter, aged around 19, and three minor sons. Since the daughter had reached adulthood, the court held she was eligible for appointment under the deceased quota.
The SHC directed the relevant department to appoint the daughter of the deceased employee, stating that her case should not be rejected on procedural grounds such as lack of NOC or expiry of cut-off dates.
The court further ordered that she be accommodated in a suitable government post in line with her qualifications.