SC voids son's quota employment policy

Overturns a PHC decision on quotas; says civil servant quotas violate Constitution

ISLAMABAD:

The apex court has set aside an order of the Peshawar High Court (PHC) with regard to granting contractual employment to the son of a civil servant in view of the children's quota. It has noted that such quotas are discriminatory and violate Articles 25 and 27 of the Constitution.

A three-member bench of the Supreme Court comprising Chief Justice of Pakistan Qazi Faez Isa, Justice Naeem Akhtar Afghan and Justice Shahid Bilal Hassan on Friday unveiled its order on a petition filed by the General Post Office.

In its 11-page verdict penned by Justice Afghan, the SC voided the policies and office memorandums for employment under the Prime Minister Package and the Financial Assistance Package.

It also annulled the Rule 11-A of the Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974; Rule 10 (4) of the K-P Civil servants (Appointment, Promotion and Transfer) Rules, 1989; Rule 12 of the Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 2009.

The verdict also voided all rules, policies and memorandums through which widow or widower of a government employee; his or her husband or wife or children of civil servants were appointed, without open advertisement, competition and merit.

The order also voided the rule allowing widow/widower, wife/husband or child of civil servants in different grades, who die during service or become permanently disabled/invalidated/incapacitated for further service and take retirement from service.

It noted that all such policies, office memorandums for employment and rules are discriminatory and ultra vires Articles 3, 4, 5(2), 18, 25(1) and 27 of the Constitution.

"The prescribed Federal and Provincial authorities are directed to withdraw the same. However, it is clarified that the instant judgment shall not affect the appointments already made of the widow/widower, wife/husband or child of deceased or retired civil servants.

"It is further clarified that this judgment shall not affect the policies, rules or compensation packages of the Federal and Provincial Governments for the benefit of the legal heirs of martyred personnel of the law enforcement agencies and of civil servants who die on account of terrorist activities.

The case

The respondent had filed a writ petition in the PHC for issuing directions to the Pakistan Post to consider him for appointment against the quota reserved for the children of class-IV employees who retired on medical grounds.

The respondent had relied upon an office memorandum of the Establishment Division which provided guidelines for contract appointments for a period of two years to civil posts under the federal government.

A division bench of the PHC on April 13, 2021 disposed of the petition while issuing directions to the Pakistan Post to appoint the respondent on contract basis in terms of the office memorandum.