ISLAMABAD: The Supreme Court upheld the Sindh High Court judgment to provide jobs to the deceased civil servant’s spouse or child provided in Rule 11-A of the Sindh Civil Servants (Appointment, Promotion & Transfer) Rules, 1974. According to Rule 11 of the Rules, 1974; “When a Civil Servant dies while in service, or is declared invalidated or incapacitated, one of his children or his spouse, if his children are minor, shall be provided job, but the predominant condition was to apply within a period of two years of death or declaration of invalidity or incapacity of a Civil Servant.” The judgment authored by Justice Muhammad Ali Mazhar said that if the widow was not accommodated for any reason, then neither the right to apply by a minor after attaining maturity is stifled nor he could be blamed if at the time of death of his father, he was minor especially in the state of affairs when his mother i.e. widow of deceased was not accommodated for a job consistent with the Rule 11. READ MORE: Daughter is eligible for govt job after father’s death: SC Justice Mazhar wrote that the pith and substance and genre of Rule 11 unambiguously divulge that it was a beneficial acclimatization of the children of deceased, invalidated, or incapacitated civil servants, which was deep-seated and in vogue for the last many years under the APT Rules. The terminology “beneficial legislation” alludes to the laws, rules, or regulations designed to vouch for the well-being of individuals and the populace. The Courts are obligated to interpret such laws, rules, and regulations moderately and judiciously to make sure that the objectives of such legislation are enforced and implemented pragmatically. He stated that in order to achieve this task and safeguard the underlying principle, a dynamic, purpose-oriented, and liberal approach is inevitable to augment its result. Even if a word or provision of any beneficial legislation may be interpreted in two ways that one protects and conserves the benefit but one does not, or it allows diverse interpretations, then the dominant option is to pick and choose the interpretation that prospers and withstands the benefit rather than depriving it. The SC judgment further said that the SHC, in the strength of its mind, rightfully extended the benefit of the beneficial provision according to the spirit of law prevailing at the time of deciding the constitution petitions. It noted that all the impugned orders were passed by the High Court much before the date of dictum laid down by the Supreme Court in the General Post Office [PLD 2024 SC 1276], which struck down the Rule 11-A of the Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974 and other corresponding provisions of the other Provincial Civil Servants’ and Federal Civil Servants’ Laws. The judgment also said, “It is clear beyond any shadow of doubt that the Supreme Court judgment [in the case of General Post Office] has the prospective effect unless declared otherwise.” Copyright Business Recorder, 2025