SC to review merits of 25% sons’ quota in govt departments

CJP says court to decide whether policy is against the spirit of the Constitution.

PESHAWAR: Chief Justice of Pakistan Nasirul Mulk said on Tuesday that the Supreme Court (SC) would review the allotment of a 25% seat quota for children of retired government employees in various departments and decide whether the policy was against the spirit of the Constitution.

He was hearing a case at the Peshawar SC Registry Branch against the denial of an appointment to the son of a retired government employee, in the education department. The CJ was part of a three-member bench which included Justice Gulzar Ahmad and Justice Amir Hani Muslim.

Justice Gulzar Ahmad questioned that if children of government employees were appointed in the same department, how could new blood or deserving applicants be given a chance. He also asked if the government had the authority to formulate such a policy for appointments.

The bench was told by Advocate Abdul Qayum Sarwar, counsel for petitioner Tanveer Ali that his client’s father, Mumtaz Ali, retired from the education department from a Class-IV post on November 1, 2009. Sarwar added that his client applied in the same department under the 25% quota, however, the position was given to the son of a teacher [a higher post than the petitioner’s father] despite the fact that his client’s father had retired before the teacher.

“My client approached the Peshawar High Court (PHC), but he was directed to wait until his name comes on the merit list,” the lawyer said.

Chief Justice Mulk said the policy of the 25% quota would be reviewed and the court would determine whether it was against the Constitution or not. The court then issued a notice to the Khyber Pakhtunkhwa advocate general to assist the court on the next date of hearing in this regard.

Accused of misappropriation

In a separate case, the PHC restrained the Khyber-Pakhtunkhwa National Accountability Bureau from arresting a former XEN of Communication and Works (C&W) department in an embezzlement case.

The interim order was issued by a division bench of PHC Chief Justice Mazhar Alam Miankhel and Justice Malik Manzoor Hussain on the petition of Allauddin, filed through Babar Awan.

The petitioner stated that NAB had filed a corruption reference of Rs34 million against him in 2007 and he had subsequently paid the amount to the bureau under the plea bargain and left the country.

The petitioner added that NAB had again filed a reference of corruption against him for allegedly possessing illegal assets and this time the reference was worth Rs88 million. The petitioner contended that under NAB laws the bureau cannot file a reference in the same case for a second time.

He also stated that the reference filed against him was signed by former NAB chairman Admiral (retd) Fasih Bukhari, whose appointment was declared illegal by the SC. The petitioner prayed that the reference also be declared illegal.

The court then issued a notice to the Attorney General of Pakistan for his assistance on this point.

Published in The Express Tribune, September 17^th, 2014.