• Observation made while dismissing Sindh govt appeals against SHC orders
• Case relates to employment under deceased quota as provided in Rule 11-A that allows job to a child or spouse of a deceased, invalidated or incapacitated civil servant
ISLAMABAD: The Supreme Court has emphasised the need to adopt a ‘dynamic, purpose-oriented and liberal approach’ while interpreting rules such as the Sindh Civil Servants (Appointment, Promotion and Transfer) Rules (APT), 1974, to ensure the realisation of their intended objectives.
The observation was made while rejecting a set of appeals by a three-judge bench comprising Justice Muhammad Ali Mazhar, Justice Athar Minallah and Justice Salahuddin Panwhar.
The appeals were filed by the Sindh government through its Chief Secretary, challenging various orders of the Sindh High Court’s circuit benches at Hyderabad and Sukkur concerning the right to employment under the deceased quota in terms of Rule 11-A of APT Rules
Rule 11-A of the APT Rules provides that when a civil servant dies during service, or is declared invalidated or incapacitated, one of his children — or the spouse, if the children are minors — is entitled to employment, subject to the condition that an application is made within two years of the death or declaration of invalidity or incapacity.
In a seven-page verdict authored by Justice Mazhar, the court observed that the term “beneficial legislation” refers to laws, rules or regulations enacted to safeguard the welfare of individuals and public at large.
“An examination of the pitch and substance and nature of the rule clearly reveals that it is a beneficial provision aimed at the rehabilitation of the children of deceased, invalidated or incapacitated civil servants, which has remained in force for many years under the APT Rules, Justice Mazhar noted.
He added that the rules do not explicitly bar a minor child from applying for employment upon attaining majority within the two-year cut-off period, particularly in cases where the widow — the primary beneficiary if the children are minor — was not herself provided employment.
The judgement stressed that courts are duty-bound to interpret such laws, rules and regulations moderately and judiciously, ensuring that the objectives of beneficial legislation are practically enforced. To achieve this purpose, Justice Mazhar observed, a dynamic, purpose-oriented and liberal approach is indispensable.
The court further held that where a provision of beneficial legislation is open to more than one interpretation, the interpretation that advances and preserves the benefit must be preferred over one that defeats or restricts it.
“One important principle that cannot be overlooked is that the doctrine of beneficial interpretation extends beyond the literal meaning of words where such an interpretation aligns with legislative intent and the primary objectives of the law,” Justice Mazhar observed.
He noted that it is a well-established principle that beneficial legislation should be construed proactively and dynamically to fulfil its intended purpose. Such provisions, the judgement said, must be interpreted broadly to protect the fundamental intent of the legislation and safeguard the interests of its beneficiaries.
The court also observed that while statutes may not envisage every conceivable situation, the principle of beneficial construction empowers courts to address such gaps without altering the essence of the law.
For these reasons, Justice Mazhar held that the Sindh High Court had rightly extended the benefit of the beneficial provision in accordance with the spirit of the law prevailing at the time of deciding the constitutional petitions.
Concluding the judgement, the Supreme Court dismissed the Sindh government’s appeals, observing that it found no illegality, perversity or impropriety in the impugned orders passed by the Sindh High Court.
Published in Dawn, December 27th, 2025
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