The Supreme Court allowed the appeal of the General Post Office (GPO) and declared all the policies, packages and quotas related to children of government employees as unconstitutional.
Justice Naeem Afghan of the Supreme Court issued an eleven-page decision in the case and declared the 2021 decision of the Peshawar High Court null and void.
In the judgment, Prime Minister’s Package for Employment related to quota and Section 11A of the Sindh Civil Servants Rules, 1974 were also invalidated.
In the written judgment, the quota of widow or child in government service without advertisement or open merit was declared to be in conflict with Article 3, Article 4, Article 5, Clause 2, Article 25 and Article 27 of the Constitution.
The Supreme Court ordered all the provincial governments, including the federal government, to end the policy of giving jobs to the children of government employees without advertisement or open merit.
According to the order, the court decision will not be applied to the quota already received by the children of government employees, the court decision will not be applied to the legal heirs of the martyrs in the terrorist incidents.
According to the Supreme Court, the court decision will not apply to the packages and policies given to the heirs of the martyrs, the Prime Minister also has no authority to relax the rules related to quota.
The Supreme Court’s order said that good governance cannot be achieved by adopting unequal treatment, and that hiring jobs under quotas is against merit and is also discriminatory.
The citizen had approached the court for a post-retirement job on his father’s medical grounds. The Peshawar High Court directed Mohammad Jalal to be employed on contract. The GPO filed an appeal in the Supreme Court against the decision of the Peshawar High Court
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