Islamabad [Pakistan], February 9 : Pakistan's government has abolished the policy that allowed family members of deceased civil servants to automatically receive government employment, the Express Tribune reported.
This decision aligns with a Supreme Court ruling from October 18, 2024, which deemed the practice unconstitutional and discriminatory. The move comes as the government instructs all ministries and divisions to strictly adhere to the new guidelines, the report added.
In the notification issued by the Establishment Division, it was made clear that the policy of offering government jobs to the families of deceased civil servants has been withdrawn, following the Supreme Court's ruling.
According to the Express Tribune report , the new policy will take effect immediately from the date of the ruling. However, the family members of deceased employees will still be eligible for other benefits under the Prime Minister's Assistance Package. The ruling does not apply to the families of law enforcement personnel who lose their lives in terrorist attacks. Appointments made before the Supreme Court's decision will remain unaffected by the ruling.
The Supreme Court's ruling dismantled the government's job quota scheme for the family members of civil servants, declaring it discriminatory and unconstitutional. Under the scheme, a widow, widower, spouse, or child of a deceased or medically retired employee was appointed to a government position without the need for open competition or merit-based selection, reported the Express Tribune.
In its ruling, the Court noted that the scheme was specifically discriminatory against low-grade employees and their families. "These jobs neither are nor can be made hereditary," the order stated.
The 11-page judgment, authored by Justice Naeem Akhtar Afghan, emphasised that public sector employment could not be "parcelled out to the functionaries of the state," as it would undermine the principles of fairness and equality. The Constitution mandated that equal employment and economic opportunities must be provided to all citizens.
The Court also explained that any policy or law that contradicted constitutional principles was subject to judicial review. "Any law, policy or rule was subject to judicial review if it was manifestly inconsistent with the constitutional commands, retrogressive in nature, and discriminatory inter se the citizens," the order read.
The ruling struck down previous orders, declaring that appointing a widow, widower, spouse, or child of a civil servantwho had passed away during service or become permanently disabledunder this quota scheme was "discriminatory and ultra vires to Articles 3, 4, 5(2), 18, 25(1), and 27 of the Constitution," the Express Tribune added in its report.
However, the Court clarified that the decision did not affect appointments already made under the hereditary quota for current employees. Federal and provincial authorities were instructed to withdraw these laws, aligning them with the constitutional framework.
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