SC declares employment quota for govt employees' children, widows unconstitutional

The Supreme Court of Pakistan (SC) delivered a landmark ruling, declaring all policies, packages, and employment quotas for government employees' children and widows as unconstitutional, 24NewsHD TV Channel reported on Friday.

The channel reported that the SC ruled that offering jobs to widows or children of government employees without open advertisement or merit was in violation of the Constitution and directed that even the Prime Minister does not have the authority to relax rules related to such quotas.

In its decision, the Supreme Court overturned a previous ruling by the Peshawar High Court (PHC) by accepting an appeal from the Pakistan Post Office.

The SC's decision also invalidated the Prime Minister's Employment Package Policy, Office Memorandum, and several provincial rules related to employment quotas.

The Court nullified Section 11-A of the Sindh Civil Servants Rules 1974, Clause 12 of the Balochistan Civil Servants Rule 2009, and Section 10 and Sub-clause 4 of the Khyber Pakhtunkhwa Civil Servants Rules 1989.

The Supreme Court ordered all federal and provincial governments to end the practice of appointing government employees' children without advertisements or through open merit.

However, the Court clarified that this ruling will not affect those who have already been employed under the quota, nor will it apply to the legal heirs of individuals martyred in acts of terrorism.

Additionally, the ruling will not impact the policies or packages for the families of martyrs.

The Supreme Court stated that unequal treatment and non-merit-based employment cannot be justified under good governance, and employment through quotas is both against merit and discriminatory.

This case was initiated by a citizen, Muhammad Jalal, who had appealed for a Grade IV job after his father’s retirement on medical grounds.

The Peshawar High Court had previously directed that he be offered employment on a contract basis, which was challenged by the Post Office in the Supreme Court.

Reporter: Amanat Gishkori