FCC upholds termination in quota case

ISLAMABAD:

The Federal Constitutional Court on Thursday dismissed the appeal of clerk Samia Nazir in an important case relating to employment under the quota reserved for children of government employees who die during service. However, the court restrained the government from recovering salaries and benefits received during her period of service.

A bench headed by Chief Justice Aminuddin Khan heard the case.

During the hearing, counsel for the appellant argued that the Supreme Court had already ruled that appointments made before its judgment would remain protected, adding that his client had been appointed before the quota policy was abolished in Punjab.

At this stage, the Additional Advocate General Punjab informed the court that the Supreme Court's ruling did not apply to the petitioner's case because the law relating to employment of children of deceased employees in Punjab had already been repealed.

During the proceedings, Justice Baqar Najafi observed that the law providing jobs to children of deceased employees in Punjab had been abolished, while Chief Justice Amin-ud-Din Khan remarked that the Sindh government had also ended the quota in light of the Supreme Court's judgment.

The Chief Justice further observed that the unlawful appointments had been made by the relevant institutions and that the employees themselves were not at fault. He added that salaries and benefits received during the period of service could not be recovered.