The Supreme Court of Pakistan on Friday abolished all policies and packages related to job quotas for the children of government employees.
A three-member bench of the Supreme Court heard an appeal from the General Post Office (GPO) against a Peshawar High Court (PHC) decision and issued its ruling. In a detailed 11-page judgment written by Justice Naeem Akhtar Afghan, the court stated, “The decision of the Peshawar High Court in favor of the respondent is hereby overturned. Policies, office memorandums, and employment under the Prime Minister’s Package, the Financial Assistance Package, as well as Rule 11-A of the Sindh Civil Servants (Appointment, Promotion, and Transfer) Rules, 1974, Rule 10(4) of the Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion, and Transfer) Rules, 1989, Rule 12 of the Balochistan Civil Servants (Appointment, Promotion, and Transfer) Rules, 2009, or any other policy or memorandum permitting appointments without open advertisement, competition, and merit to widows, spouses, or children of civil servants who die during service, retire due to disability, or become incapacitated, are declared discriminatory and in violation of Articles 3, 4, 5(2), 18, 25(1), and 27 of the Constitution. Relevant Federal and Provincial authorities are ordered to revoke such policies.”
However, the court clarified that this judgment would not affect appointments already made under these policies for widows, spouses, or children of deceased or retired civil servants. Furthermore, the ruling does not apply to compensation packages or policies for the legal heirs of law enforcement personnel who were martyred or civil servants who died due to terrorist activities.
The court emphasized that under Article 3 of the Constitution, the State is responsible for eliminating all forms of exploitation and ensuring transparency and merit in public sector appointments, including government jobs. “To achieve good governance and fulfill the State’s obligations under Article 3, transparency and merit must be maintained in appointments.”
The judgment further said that appointing a widow, spouse, or child of a civil servant without open advertisement or competition also contravenes Article 18, which guarantees every citizen the right to pursue any lawful profession or trade. Such appointments, which prevent qualified citizens from competing fairly for government positions, violate the principles of equal opportunity, competition, and merit, undermining good governance.
