ISLAMABAD:
Pakistan’s Chief Justice Qazi Faez Isa on Thursday sharply criticized the practice of reserving government jobs for the children of bureaucrats, stressing the need for a transparent and merit-based hiring system.
“Are the children of bureaucrats special in any way? How can anyone claim a job and say that future generations should also benefit from it?” remarked Justice Isa while hearing an appeal regarding Khyber-Pakhtunkhwa civil servants.
His comments come as the Supreme Court considers a case regarding government jobs awarded through a statutory regulatory order (SRO).
The chief justice, heading a four-member bench, wondered how such SROs could be issued by a mere section officer. “Can a section officer lead the country? Neither the Constitution nor laws can be created through an SRO issued by a section officer,” he asserted.
Justice Isa noted that the practice of issuing SROs without proper authorization began during the regime of General Ziaul Haq. “At the time, bureaucrats refused to approve certain orders, so Ziaul Haq started writing ‘competent authority’. But no one knew who this competent authority was. Any official document must have a clear basis,” he said. -he explained.
The case under consideration concerned a job advertisement advertised in 2006 in Abbottabad, offering a Tier 2 government position. The government lawyer argued that under Section 10A, employment quotas for children of retired or deceased employees were permitted.
However, Chief Justice Isa rejected the notion of inherited labor rights. “Why should a son automatically get his father’s government job? Shouldn’t jobs be given to those who meet the merit criteria?” he asked. “Government employees already receive pension after retirement, and their widows are entitled to these pensions after their death. And yet we are now saying that their children should also get jobs? I opposed this idea in Court supreme.”
The chief justice emphasized that the government’s employment quotas constitute a violation of the constitutional principle of non-discrimination. “The Constitution prohibits any form of discrimination. If a person is qualified for a job, he or she should be hired on the basis of merit, not lineage.”
Justice Isa further emphasized that merit-based recruitment is essential to the progress of the country. “Let those who meet the criteria for employment work. Bureaucracy should not perpetuate itself by reserving jobs for its own children.”
The court then issued a written order stating that all notifications issued by the Khyber-Pakhtunkhwa government that contravene merit-based hiring practices should be withdrawn. “The provincial government must revoke any SRO that violates constitutional provisions on equality and non-discrimination,” the ruling states.