GENERAL POST OFFICE, ISLAMABAD vs MUHAMMAD JALAL R — 2024 PLD 1276 SUPREME-COURT

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GENERAL POST OFFICE, ISLAMABAD VS MUHAMMAD JALAL R. 17-a (since omitted)---Sindh Civil Servants (appointment, Promotion and Transfer) Rules, 1974, R. 11-a---Khyber Pakhtunkhwa Civil Servants (appointment, Promotion and Transfer) Rules, 1989, R. 10(4)---Balochistan Civil Servants (appointment, Promotion and Transfer) Rules, 2009, Rr. 12-a (since omitted) & 12---Constitution of Pakistan, arts. 18, 25 & 27---Civil service---Contract appointment without advertisement---Quota reserved for widow/widower/child of a civil servant who dies during service or who becomes permanently disabled during service and takes retirement from service---Constitutionality---any Rules, Policies, Office Memorandums, etc. which secure or provide appointments in different grades, without open advertisements and competition, to the widow/widower, wife/husband or a child of a civil servant of the Federal and Provincial Governments, who dies during service or becomes permanently disabled/invalidated/ incapacitated for further service and takes retirement from service, is ex facie discriminatory against the other or ordinary citizens of Pakistan and the same cannot be termed as a reasonable classification as their object is to give an advantage by excluding others, which is not permissible under article 25 of the Constitution---article 27 of the Constitution which specifically attends to the service of Pakistan prohibits discrimination in services---These jobs neither are nor can be made hereditary---Constitution stipulates that equal employment and economic opportunities must be provided to all citizens---Economic justice is a component of social justice which focuses on creating equal opportunities for all within a society in all aspects---appointment of a widow/widower, wife/husband or child of a civil servant in different grades on contract or regular basis, without open advertisement, competition and merit is also violative of article 18 of the Constitution which provides that subject to such qualification, if any, as may be prescribed by law, every citizen shall have the right to enter upon any lawful profession or occupation and to conduct any lawful trade or business---appointments obstructing ordinary qualified citizens to compete for entering into the profession of the service of Pakistan in accordance with their ability and eligibility also violate this fundamental right, and if such appointments are made they negate equality of opportunity, competition, merit and also defeat the object of good governance---Supreme Court declared the policies, office memorandums, employment under the Prime Minister's assistance Package, 2006, the Financial assistance Package, 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 rule, policy, memorandum, etc. whereunder appointments without open advertisement, competition and merit of the widow/widower, wife/husband or child of civil servants in different grades, who die during service or become permanently disabled/ invalidated/incapacitated for further service and take retirement from service, to be discriminatory and ultra vires articles 3, 4, 5(2), 18, 25(1) and 27 of the Constitution---Supreme Court directed that the Federal and Provincial authorities shall withdraw the same---Supreme Court clarified that the present judgment shall not affect the appointments already made of the widow/widower, wife/husband or child of deceased or retired civil servants; that present judgment shall also not affect the policies, rules or compensation packages of the Federal and Provincial Governments for the benefit of the legal heirs of martyred personnel of the law enforcement agencies and of civil servants who die on account of terrorist activities.

GENERAL POST OFFICE, ISLAMABAD vs MUHAMMAD JALAL R — 2024 PLD 1276 SUPREME-COURT

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