ISLAMABAD:
Chief Justice of Pakistan, Qazi Faez Isa, on Thursday sharply criticised the observe of reserving authorities jobs for bureaucrats’ youngsters, emphasising the necessity for a clear, merit-based hiring system.
“Are bureaucrats’ youngsters one way or the other particular? How can somebody declare a job and say their future generations should additionally profit?” Justice Isa remarked throughout a listening to on an enchantment concerning public servants in Khyber-Pakhtunkhwa.
His feedback got here because the Supreme Courtroom reviewed a case regarding authorities jobs allotted by means of a statutory regulatory order (SRO).
The chief justice, main a four-member bench, questioned how such SROs might be issued by a mere part officer. “Can a piece officer run the nation? Neither the Structure nor legal guidelines could be created by means of an SRO issued by a piece officer,” he asserted.
Justice Isa famous that the observe of issuing SROs with out correct authority started throughout Normal Ziaul Haq’s regime. “Again then, bureaucrats refused to log out on sure orders, so Ziaul Haq initiated the observe of writing ‘competent authority’. However nobody knew who this competent authority was. Any official doc should have a transparent foundation,” he stated.
The case beneath assessment concerned a job commercial printed in 2006 in Abbottabad, providing a Grade-2 authorities place. The counsel for the federal government argued that, beneath Part 10A, job quotas for youngsters of retired or deceased workers have been permissible.
Nevertheless, Chief Justice Isa rejected the notion of inherited job rights. “Why ought to a son mechanically get his father’s authorities job? Should not jobs be given to those that meet benefit standards?” he requested. “Authorities workers already obtain pensions after retirement, and their widows are entitled to these pensions after their dying. But, now we’re saying their youngsters also needs to get jobs? I opposed this concept within the Supreme Courtroom.”
The chief justice highlighted that authorities job quotas are a violation of the constitutional precept of non-discrimination. “The Structure prohibits any type of discrimination. If an individual qualifies for a job, they need to be employed based mostly on benefit, not lineage.”
Justice Isa additional careworn that merit-based recruitment is important for the progress of the nation. “Let those that fulfil the factors for the job work. Paperwork shouldn’t perpetuate itself by reserving jobs for its personal youngsters.”
The courtroom subsequently issued a written order, stating that every one notifications issued by the Khyber-Pakhtunkhwa authorities that contravene merit-based hiring practices must be withdrawn. “The provincial authorities should revoke any such SROs that violate constitutional provisions on equality and non-discrimination,” the ruling declared.
