Malik Waqar
The government has abolished the facility of offering employment to a family member of a government employee who passes away during service, Express News reported.
The Establishment Division has issued formal instructions to all ministries and divisions to implement the Supreme Court’s decision regarding this matter.
According to the notification issued by the Establishment Division, this facility has been withdrawn in compliance with the Supreme Court’s ruling dated October 18, 2024. The decision will come into effect from the date of the Supreme Court’s ruling.
However, the family members of deceased employees will still be eligible for other benefits under the Prime Minister’s Assistance Package.
The memorandum clarifies that the decision will not apply to the families of law enforcement personnel who lose their lives in terrorist attacks. Additionally, appointments made prior to the Supreme Court’s decision will not be affected by this ruling.
Following this government decision, all ministries and divisions have been instructed to strictly enforce the new policy.
Last year, the Supreme Court ruled to dismantle 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.
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, emphasized 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 said.
The ruling struck down previous orders, declaring that appointing a widow, widower, spouse, or child of a civil servant—who had passed away during service or become permanently disabled—under this quota scheme was “discriminatory and ultra vires to Articles 3, 4, 5(2), 18, 25(1), and 27 of the Constitution.”
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.
