Federal Constitutional Court Upholds Dismissal in Case of Job Quota for Children of Deceased Employees

The Federal Constitutional Court of Pakistan (FCCP) has dismissed an appeal filed by clerk Samia Nazir in a case related to appointments made under the quota for children of government employees who die during service.

A bench headed by Chief Justice Amin-ud-Din Khan heard the matter and upheld her termination from service. However, the court barred the government from recovering the salaries and benefits she had received during her employment.

During the hearing, counsel for the appellant argued that the Supreme Court had previously ruled that appointments made before its judgment would remain protected. He maintained that his client had been appointed before the quota policy was abolished in Punjab.

The Punjab government, however, told the court that the Supreme Court ruling did not apply in this case because the law relating to such appointments in Punjab had already been repealed.

During the proceedings, Justice Baqar Najafi observed that the law providing government jobs to children of deceased employees in Punjab had been abolished. Chief Justice Amin-ud-Din Khan also noted that Sindh had ended the same quota following the Supreme Court’s judgment.

The chief justice further remarked that unlawful appointments were made by institutions themselves and that the employees were not personally at fault. On that basis, the court made it clear that salaries and benefits already paid during the service period could not be recovered.

The court was informed that Samia Nazir, who worked as a clerk in the Punjab Agriculture Department, had been terminated after being appointed under the unlawful quota. Her petition against the dismissal had already been rejected by the Lahore High Court.

With the latest ruling, the Federal Constitutional Court has upheld that decision while protecting her from any recovery of past pay and benefits.