Supreme Court of Pakistan Rules Against Discriminatory Employment Quotas for Children of Deceased or Disabled Civil Servants

Islamabad 26-10-2024: In a landmark decision, the Supreme Court of Pakistan declared various federal and provincial policies allowing direct employment of the children and spouses of deceased or disabled civil servants without open competition to be unconstitutional. This ruling impacts appointment practices based on the Prime Minister’s Assistance Package, Financial Assistance Packages, and provincial rules that reserved government positions in different grades for family members of deceased or incapacitated civil servants.

The case stemmed from a Civil Petition filed by the General Post Office (Islamabad) challenging a Peshawar High Court decision that directed the appointment of Muhammad Jalal, the son of a retired civil servant, under a special employment quota. The respondent argued for his appointment under the Establishment Division’s policy, which provided government jobs to children of deceased or disabled employees. However, the Supreme Court of Pakistan found such policies violate Articles 3, 4, 5(2), 18, 25(1), and 27 of the Constitution, which ensure equal opportunity and prohibit discrimination.

Mr. Justice Naeem Akhtar Afghan, delivering the judgment, highlighted that the constitution mandates equal employment opportunities and prohibits hereditary government jobs. The Court directed relevant federal and provincial authorities to withdraw policies granting employment preferences to family members of civil servants without public advertisement and competition.

The ruling, however, exempts previous appointments under these provisions and retains support policies for families of law enforcement personnel who died in the line of duty or due to terrorism.

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