FCC upholds SHC order on deceased employee quota

ISLAMABAD: The Federal Constitutional Court (FCC) on Wednesday rejected a set of appeals filed by the Sindh government challenging the Sindh High Court’s (SHC) order regarding appointments under the deceased son/spouse quota, ruling that accrued rights of dependants cannot be taken away even if the relevant rule was subsequently struck down.

Headed by Justice Aamer Farooq, a two-judge FCC bench heard consolidated petitions filed by the province of Sindh against multiple orders passed by the SHC Circuit Court, Larkana, on different dates last year.

The dispute revolved around Rule 11-A of the Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974, which provided for appointments under the deceased son/spouse quota.

The respondents, namely Muhammad Rizwan Khan, Faiza and Saqib Javed, among others, were the spouses or children of deceased Sindh civil servants who had sought appointments under Rule 11-A of the Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974.

Observes accrued rights of dependants cannot be taken away, as Sindh govt cites Islamabad GPO case ruling

The Sindh government argued before the FCC that since the apex court, in the 2024 Islamabad GPO case, had struck down Rule 11-A, no appointments could be made thereafter. It contended that the respondents’ rights had not crystallised as appointment letters had not been issued in their favour.

The FCC observed that the crux of the controversy was whether, at the time the Supreme Court judgement was delivered, the right had already accrued in favour of the respondents.

Justice Aamer Farooq, who authored the verdict, noted that the event triggering the accrual of the right was the death of the civil servant. As and when the death of a civil servant occurs, one of the children or the spouse acquires the right to be appointed to the civil service.

Since the right had already accrued in favour of the private respondents, the SC judgement did not bar their appointment under the deceased employee children/spouse quota, the FCC observed.

It stated that it was settled law that SC judgements operate prospectively and not retrospectively. The court added that the process of application or issuance of a formal appointment letter constituted administrative acts.

The FCC clarified that procedural requirements could not defeat substantive rights. Since the right had accrued in favour of the private respondents, the SC judgement did not stand in the way of their appointment under the deceased employee children/spouse quota.

The court held that the death of the civil servant was the triggering event that created a right in favour of the spouse or children. The subsequent administrative processes of application and issuance of appointment letters were merely formalities that did not affect the substantive right that had already accrued.

Consequently, the FCC held that the petitions lacked merit and dismissed them. The court dismissed all petitions filed by the Sindh government and upheld the SHC directions for appointments under the deceased son/spouse quota.

Published in Dawn, March 12th, 2026