1992 PLP 2238 (MLD)

IMAM ALI G. KAZI, J.‑The first petitioner, Sindh Graduates Association, is a society registered under the Societies Registration Act of 1860 having incorporated the following objects in their Memorandum of Association:‑ "(a) To organise and unite the Sindhi Graduates wherever they may be. (b) To redress the unemployment and social grievances of the people of Sindh wherever they may be. (c) To endeavour to increase the Sindhi Primary Schools and to secure improvements in the Primary, Secondary and Higher (General and Technical) Education. (d) To secure facilities from Federal/Sindh Government and Private sources for providing libraries, hostels, reading rooms and auditoriums for members wherever necessary. (e) To endeavour to provide such benefits to the members as may be decided in the meetings from time to time. (f) To provide assistance to members in respect of matters arising out of or incidental to their employment. (g) To organise and run clubs, libraries, foodgrains shops and other forms of social services. (h) To cooperate and federate with other organisations of Sindhis having kindered objects. (i) To render help to the working class in the promotion of the objectives mentioned in this Constitution. (j) To generally take recourse to ameliorate the social, economic, civic and educational conditions of Sindh. (k) To suggest introduction and addition of Sindhi books in educational syllabii. The second Petitioner is the Secretary of the first Petitioner. The two Petitioners mentioned above have questioned the validity of the policy of the State Bank of Pakistan. regarding appointment of children of the deceased Officers contained in their two letters dated 17th February, 1985 and 23rd February 1985. The contents of first letter are reproduced herein below:- "STATE BANKOF PAKISTAN CENTRAL, DIRECTQRATE TELEGRAM BANK RATE POST BOX NO. ADMINISTARTION BANK RATE 4456, KARACHI DEPARTMENT No.AD .39. /Reg.3(ii)‑85 17th February, 1985. All Chief Managers Dear Sirs, STAFF‑-APPQINTMENT OF SONS/DAUGHTERS OF DECEASED OFFICERS. Please refer to circular letter No. AD.S1.107/76-80 dated the 20th April, 1980, on the above subject.

2. The Central Board at its meeting held on 20th January, 1985 has been pleased to approve of the following policy for appointment of children of deceased officers of the Bank:‑ (i) At least one child of a deceased officer may be appointed in the service of the Bank. (ii) The child must fulfil the qualifications prescribed for the post, i.e. age, educational qualifications, experience, medical fitness etc. (iii) The child may be appointed against the first available vacancy without interview/test arid without competing 'with other candidates, either before appointment or thereafter, subject to observance of Provincial/Regional, quotas...In case quota of a Province/Region to which the candidate belongs is not available, he may be appointed, subject to subsequent adjustment in Regional/Provincial quotas. (iv) The above facilities will be extended to only one child, of a deceased Officer.

3. Other instructions on the subject shall however remain uncharged. Yours faithfully, Sd. (S.A. KHALID) DIRECTOR" The second letter contains further instructions and accords priority/preference in the matter of appointment of such children which is reproduced below:‑ "STATE BANK OF PAKISTAN TELEGRAM CENTRAL DIRECTORATE PERSONNEL BANK RATE POST BOX N0.4456 DEPARTMENT KARACHI No.PD.11 /Reg.27(i)‑89 23rd February, 1989. All Chief Managers, Dear Sirs, PROCEDURE FOR APPOINTMENT ..OF CHILDREN OF DECEASED EMPLOYEES/CHILDREN OF .NON‑CLERICAL EMPLOYEES, PROMOTION OF NON‑CLERICAL EMPLOYEES AND ABSORPTION OF ‑ TYPISTS , AND OTHER TECHNICAL STAFF IN GENERAL/CASH SIDE AS ASSISTANT/COIN AND NOTE EXAMINER GRADE‑II Please refer to the instructions‑issued from time to time on the above subject.

2. It has been decided that following priority/preference schedule may be observed in the matter of appointment of children of deceased employees/children of Non‑Clerical Staff, promotion of non‑clerical staff and absorption of Typists and other Technical Staff (including Work Supervisors) of Central Directorate vis‑a‑vis similar categories of Staff working in Offices in General/Cash Sides as Assistant, or Coin and Note, Examiner Grade‑II:‑ (i) Children of deceased employees of concerned office. (ii) Children of deceased employees of Central Directorate. (iii) Children of Non‑Clerical Staff :against annual, offcewise quota of concerned office. (iv) Children of Non‑Clerical staff against annual officewise quota of Central Directorate. (v) Non‑Clerical Staff against annual officewise quota of concerned office. (vi) Non‑Clerical Staff against ; annual officewise quota of Central Directorate. (vii) Typists, Work Supervisors, Electricians, Mechanics `and other such Technical staff of concerned office. (viii) Typists, Work Supervisors, Electricians, Mechanics and other such Technical Staff of Central Directorate. (ix) Outside candidates.

3. Other instructions on the subject will, however, remain unchanged. Yours faithfully, (Sd.) S. RAHAT HUSSAIN ZAIDI DIRECTOR" The Petitioners apprehend that the State Bank of Pakistan have mala fide issued these two letters to frustrate their earlier letter dated 20th September, 1982 which provided that 40% of the vacancies will be filled from the candidates residing in cities of Karachi, Hyderabad and Sukkur while 60% of the remaining vacancies will be recruited from candidates from other cities and rural areas of the province of Sindh for the staff below the level of junior officers available in the officers of the State Bank of Pakistan situated in the Province. The Respondent No.1 in their parawise comments have disputed the locus standi of the petitioners to file the present Petition and claim that it is an autonomous organization set up under the State Bank of Pakistan Act, 1956 and the recruitment of their officers and servants including terms and conditions of their services are regulated by section 54(2)(j) of the State Bank of Pakistan Act, 1956. It is further clarified that the Federal Government in the matters of appointments in their services do not regulate the terms and conditions of their employment. Respondent No.1 has pointed out that the Establishment Division of the Government of Pakistan had by their O.M.No. F‑8/9/7/TRV dated 31‑8‑1973 desired them to follow the following guidelines in the matter of recruitment: (a) Provincial quotas to be observed for posts in Grade 3‑16 in offices which serve whole of Pakistan. (b) Posts in Grade 3‑16 to offices which serve only a particular province or region may be filled from amongst the persons domiciled in that province/region. (c) Posts in Grade 1‑2 may be filled on local basis. They have further clarified that the policy of recruitment contained in their lcttcr dated 17th February, 1985 was introduced in pursuance of the decision of the IV Award of the Wage Commission and have reproduced the relevant paragraph reproduced below:‑ "It has been represented to us that in the event of death of employees while in service, even after taking into account the payment from provident fund, pension and gratuity, families of the deceased face considerable financial difficulties. As a measure of providing further financial help to families of deceased employees at least one child of the deceased member of the staff should be appointed by the Bank or Financial Institution concerned against the first available vacancy in the grade for which the child would be eligible under the normal rules. The demand is fair and reasonable and we decide that at least one child of a deceased employee, who satisfies the qualifications for entry into service, may be appointed in the service of the Bank or Financial Institution concerned against the, first available vacancy in preference to other candidate: Mr. Rashced Akhund, Advocate for the petitioners, took considerable time and argued the petition alleging violation of fundamental right contained in Article 27 of the Constitution. His complaint was that by making such policy the State Bank of Pakistan had created discrimination between the ordinary candidates and the candidates who happen to be the children of the. deceased . officers of the Bank. It was then pointed to him that provision of Article 27 is applicable only in the case of appointments in "the service of Pakistan. He immediately gave‑up his arguments which he had already advanced and frankly conceded that as the employees of. the State Bank of Pakistan are, not in service of Pakistan, Article 27 of the Constitution shall have no application. He then confined his arguments only to the violation of fundamental rights guaranteed under Article 25(1) of the Constitution. According to him the policy of recruitment in service contained in the two letters is discriminatory. In support of his arguments he referred to the cases reported in PLD 1957 SC 9 and 157, AIR 1971 SC 2303, AIR 197.1 SC 555; AIR 1978 SC 597, AIR 1979 SC 1628 and AIR 1981 SC

457. Mr. Abrar Hassan, Advocate for respondents Nos.1 and 2 contended that the two petitioners have no locus standi to file the petition as both of them are not the aggrieved persons. He further contended that if the two letters have created any classification in the matter of recruitment of service under the State Bank of Pakistan and if such classification is reasonable no exception can be taken to such policy. He referred to the cases reported in AIR 1963 SC 913, AIR 1962 SC 479, AIR 1953 SC 215, AIR 1952 SC 75, PLD 1990 SC 295, 1987 SCMR 2078, PLD 1972 SC 139, PLD 1973 SC 49 and PLD 1975 SC

506. As regards the first objection raised by the respondents that the petitioners have no locus standi to file this petition it can be stated that in view of the latest decision of the superior Courts a wide meaning has been given to term, "aggrieved person". In the case of Benazir Bhutto v. Federation of Pakistan reported in PLD 1988 SC 416, it has been held that the proceedings in case of violation of fundamental rights of an individual can be maintained by that particular individual whose fundamental rights have been infringed or by a person bona fide alleging infringement of such fundamental rights of a class or a group of persons. The Supreme Court in that case held, "the rule of locus standi has since been relaxed leaving aside the rigid notion of an "aggrieved person", and the proceedings can now be activised bona fide by any person on behalf of a group or a class of persons." A High Court in exercise of its jurisdiction under Article 199(1) can under its sub‑Article (c) assume jurisdiction if an aggrieved person approaches, it for redress of violation of any of the fundamental rights conferred by Chapter 1 of Part 11 of the Constitution, No doubt power conferred on a High Court under Article 199(1)(c) of the Constitution of Islamic Republic of Pakistan (1973) restricts exercise of such jurisdiction in case of an "aggrieved person" but sub‑Article (2) of Article 199 of the Constitution clearly lays down that subject to the Constitution the right to ‑ move a High Court for enforcement of any of the fundamental rights conferred by Chapter 1 of Part II', shall not be curtailed. The second clause of Article 199 of the Constitution enables a High Court to give effect to the guarantee assured by Article 8(1) of'; the Constitution. Right to move the High Court for infringement of any of the fundamental rights cannot be abridged or curtailed in any manner. Locus standi in such cases will still cover wider range.. In view of above we are inclined to hold that the petition filed by the above petitioners is maintainable. Mr. Rasheed Akhund, Advocate for the petitioners, complains of violation of fundamental rights contained in Article 25(1) of the Constitution of the Islamic Republic of Pakistan by the Respondent. According to him, this new category of children of the deceased officers has been intentionally created to deprive the candidates from the Province of Sindh of their entitlement to jobs reserved for them. . ' The Respondents have explained that they have introduced this category as para. 144 of the IV Award of the Wage Commission contains such directives. The recommendation of the IV Award of the Wage Commission, reproduced hereinabove merely grants a preferential treatment to the children of the deceased officers of the Bank if they are otherwise qualified and eligible', for entry into such services. It, therefore, follows that such candidates will only be given preference in: the matter of selection provided they are otherwise qualified and eligible for appointment under the older circulars. Mr. Abrar Hasan, Advocate for the respondents, has rightly pointed out that even if such policy be considered to have introduced another classification it will, not amount to discrimination and such classification will be reasonable. We are inclined to agree with Mr. Abrar Hasan, Advocate for the, Respondents. Mr. Rashid, A. Akhund, Advocate for the petitioners, has not been able to quote any case where. Any candidate from the province has suffered because of employment of any other candidate from other provinces due to such policy instead of him. For the above reasons we dismiss this petition with no order as to the costs. AA./S‑912/K Petition dismissed.