SALAH UD DIN vs GOVERNMENT OF PAKISTAN through Post Master General Pakistan Post, Islamabad Quota based appoin

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SALAH UD DIN VS GOVERNMENT OF PAKISTAN through Post Master General Pakistan Post, Islamabad Quota based appointments---Supreme Court's view on rendering such appointments as unconstitutional---Quota reserved for children---Termination from service, challenge to---Briefly, petitioner's father was serving as a postal clerk in the postal services department and was invalidated and prematurely retired on medical grounds---Following his retirement, the petitioner applied for appointment under the quota reserved for children of employees who retired on medical grounds and was appointed as a postal clerk on a contract basis---Subsequently, the respondent-department cancelled the petitioner's appointment through the impugned order, prompting the petitioner to file a constitutional petition under Art. 199 of the Constitution seeking reinstatement---Held: In view of the Supreme Court's judgment, dated 18-10-2024 in Civil Petition No.3390 of 2021, all rules, policies, memorandums, etc., which provided for the appointment, without open advertisement, competition, and merit, of children and/or family members of employees who retired or died during service, were declared as discriminatory and ultra vires to Arts. 3, 4, 5(2), 18, 25(1), and 27 of the Constitution---In the present case, the petitioner had unequivocally admitted in the petition that he was appointed under the son's quota---However, at the time of his appointment on 01.11.2024, the said quota had already been declared unconstitutional and unlawful by both the High Court and the Supreme Court---Therefore, the petitioner's appointment was patently illegal, void ab initio, and coram non judice---Impugned order did not suffer from any legal infirmity or jurisdictional error warranting interference by the High Court in the exercise of its constitutional jurisdiction---The petition, being devoid of any merit, was dismissed in limine.

SALAH UD DIN vs GOVERNMENT OF PAKISTAN through Post Master General Pakistan Post, Islamabad Quota based appointments — 2026 PLC(CS) 82 PESHAWAR-HIGH-COURT

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