Latest news with #AssistancePackage
Business Recorder
23-04-2025
- Politics
- Business Recorder
Financial liberty isn't a privilege for women; it's a right: SC
ISLAMABAD: The Supreme Court noted that financial independence is not a concession to women; it is the foundation of their constitutional agency, dignity, and full participation in public life. 'The law must dismantle, not perpetuate, the structures that reduce women to secondary citizens in the eyes of society,' said a five-page judgment authored by Justice Syed Mansoor Ali Shah. A two-judge bench, comprising Justice Mansoor and Justice Aqeel Ahmed Abbasi delivered judgment to an appeal of Chief Commissioner Regional Tax Officer, Bahawalpur against the Lahore High Court (LHC) order dated 21.12.2022. The question before the bench was whether the right to compassionate employment extended to a widow (respondent) under the Prime Minister's Assistance Package be withdrawn on the pretext that she has subsequently remarried? Shaheen Yousaf's (respondent) husband, an employee of the Income Tax Department, passed away while in service on 14.02.2006. Under the Prime Minister's Assistance Package for the Families of Deceased Government Employees respondent was appointed as a Lower Division Clerk (LDC) on a two-year contract on 26.05.2010. The said contract was extended on multiple occasions, however, Shaheen's services were terminated on 04-01-2016 on the basis of office memorandum (OM), which stipulated that upon remarriage, a widow becomes ineligible for any compassionate employment granted under the Prime Minister's Assistance Package and the same shall stand terminated from the date of such remarriage. The respondent filed a writ petition challenging the said order before the LHC, which allowed the petition and the respondent was reinstated in service. The judgment said that the 1973 Constitution secures fundamental rights for individuals as equal citizens, not as appendages of patriarchal roles or marital identities. Women are not defined by the men in their lives; they are autonomous and rights-bearing individuals. Denying a woman, the right to employment on the basis of her remarriage is a blatant reinforcement of patriarchal control, seeking to subordinate her legal identity to societal expectations. The rights of widows should not be viewed as acts of state generosity, but as legal entitlements rooted in constitutional guarantees, statutory protections, and developing judicial principles. The judgment directed the courts in Pakistan to ensure that public policy reflects that widowhood is not a diminution of identity but a life circumstance deserving of dignity, protection, and equal opportunity and shields widows from both overt and covert forms of systemic discrimination. The judgment clarified that the apex court verdict in case of General Post Office, Islamabad and others v. Muhammad Jalal (PLD 2024 SC 1276) has struck down the Prime Minister's Assistance Package as unconstitutional but has no application on appointments that have been already made. Copyright Business Recorder, 2025
Express Tribune
23-04-2025
- Politics
- Express Tribune
SC upholds job rights of widows
In a landmark verdict, the Supreme Court has ruled that the right to compassionate employment granted to a widow under the prime minister's assistance package cannot be rescinded solely on the grounds of her subsequent remarriage. A five-page judgment authored by Justice Syed Mansoor Ali Shah upheld the Lahore High Court decision, reaffirming that financial independence was not a favour extended to women, but a cornerstone of their dignity and full participation in public life. "We reaffirm that the Constitution of the Islamic Republic of Pakistan, 1973 ('Constitution'), secures fundamental rights for individuals as equal citizens, not as appendages of patriarchal roles or marital identities," the judgement read. "Women are not defined by the men in their lives; they are autonomous and rights-bearing individuals," it stressed. The top court noted that denying a woman the right to employment on the basis of her remarriage is a blatant reinforcement of patriarchal control, seeking to subordinate her legal identity to societal expectations. "Financial independence is not a concession to women, it is the foundation of their constitutional agency, dignity, and full participation in public life. The law must dismantle, not perpetuate, the structures that reduce women to secondary citizens in the eyes of society." The case stemmed from the plight of a respondent whose husband, an employee of the Income Tax Department, passed away in service on February 14, 2006. She was later appointed as a Lower Division Clerk (LDC) on a two-year contract on May 26, 2010, under the Prime Minister's Assistance Package for Families of Deceased Government Employees. The contract was extended multiple times. However, her services were terminated via an order dated January 4, 2016, issued by the Secretary (MGT) IR-V, Federal Board of Revenue (HRM), Islamabad. The basis was an Office Memorandum (O.M.) dated December 15, 2015, which held that a widow becomes ineligible for compassionate employment upon remarriage. Seeking redress, the respondent approached the LHC, which ruled in her favour. The FBR later challenged the decision before the Supreme Court. The division bench of the apex court took up the crucial question: Can the right to compassionate employment under the Prime Minister's Assistance Package be withdrawn merely because a widow has remarried? The verdict dismantles the justification underpinning the O.M., branding it "manifestly discriminatory" as it targets widows - female spouses of deceased government employees - for disqualification upon remarriage, while sparing widowers.
Times of Oman
09-02-2025
- Politics
- Times of Oman
Pakistan: No jobs for families of deceased civil servants under new govt rule
Islamabad: Pakistan's government has abolished the policy that allowed family members of deceased civil servants to automatically receive government employment, the Express Tribune reported. This decision aligns with a Supreme Court ruling from October 18, 2024, which deemed the practice unconstitutional and discriminatory. The move comes as the government instructs all ministries and divisions to strictly adhere to the new guidelines, the report added. In the notification issued by the Establishment Division, it was made clear that the policy of offering government jobs to the families of deceased civil servants has been withdrawn, following the Supreme Court's ruling. According to the Express Tribune report , the new policy will take effect immediately from the date of the ruling. However, the family members of deceased employees will still be eligible for other benefits under the Prime Minister's Assistance Package. The ruling does not apply to the families of law enforcement personnel who lose their lives in terrorist attacks. Appointments made before the Supreme Court's decision will remain unaffected by the ruling. The Supreme Court's ruling dismantled the government's job quota scheme for the family members of civil servants, declaring it discriminatory and unconstitutional. Under the scheme, a widow, widower, spouse, or child of a deceased or medically retired employee was appointed to a government position without the need for open competition or merit-based selection, reported the Express Tribune. In its ruling, the Court noted that the scheme was specifically discriminatory against low-grade employees and their families. "These jobs neither are nor can be made hereditary," the order stated. The 11-page judgment, authored by Justice Naeem Akhtar Afghan, emphasised that public sector employment could not be "parcelled out to the functionaries of the state," as it would undermine the principles of fairness and equality. The Constitution mandated that equal employment and economic opportunities must be provided to all citizens. The Court also explained that any policy or law that contradicted constitutional principles was subject to judicial review. "Any law, policy or rule was subject to judicial review if it was manifestly inconsistent with the constitutional commands, retrogressive in nature, and discriminatory inter se the citizens," the order read. The ruling struck down previous orders, declaring that appointing a widow, widower, spouse, or child of a civil servant--who had passed away during service or become permanently disabled--under this quota scheme was "discriminatory and ultra vires to Articles 3, 4, 5(2), 18, 25(1), and 27 of the Constitution," the Express Tribune added in its report. However, the Court clarified that the decision did not affect appointments already made under the hereditary quota for current employees. Federal and provincial authorities were instructed to withdraw these laws, aligning them with the constitutional framework. (ANI)
Express Tribune
08-02-2025
- Politics
- Express Tribune
Govt ends quota for deceased employee's relative
ISLAMABAD: The government has officially terminated the facility that allowed a family member of a government employee who died in service to secure employment. In line with a recent Supreme Court ruling, the Establishment Division has issued instructions to all ministries and divisions to implement the decision without delay. However, an official memorandum confirms that government employees who die while in service will continue to receive other benefits under the PM's Assistance Package. The new directive will not apply to law enforcement personnel who are martyred in terrorist incidents.
Express Tribune
08-02-2025
- Politics
- Express Tribune
No jobs for families of deceased civil servants under new govt rule
Listen to article The government has abolished the facility of offering employment to a family member of a government employee who passes away during service, Express News reported. The Establishment Division has issued formal instructions to all ministries and divisions to implement the Supreme Court's decision regarding this matter. According to the notification issued by the Establishment Division, this facility has been withdrawn in compliance with the Supreme Court's ruling dated October 18, 2024. The decision will come into effect from the date of the Supreme Court's ruling. However, the family members of deceased employees will still be eligible for other benefits under the Prime Minister's Assistance Package. The memorandum clarifies that the decision will not apply to the families of law enforcement personnel who lose their lives in terrorist attacks. Additionally, appointments made prior to the Supreme Court's decision will not be affected by this ruling. Following this government decision, all ministries and divisions have been instructed to strictly enforce the new policy. Last year, the Supreme Court ruled to dismantle the government's job quota scheme for the family members of civil servants, declaring it discriminatory and unconstitutional. Under the scheme, a widow, widower, spouse, or child of a deceased or medically retired employee was appointed to a government position without the need for open competition or merit-based selection. In its ruling, the Court noted that the scheme was specifically discriminatory against low-grade employees and their families. "These jobs neither are nor can be made hereditary," the order stated. The 11-page judgment, authored by Justice Naeem Akhtar Afghan, emphasized that public sector employment could not be "parcelled out to the functionaries of the state," as it would undermine the principles of fairness and equality. The Constitution mandated that equal employment and economic opportunities must be provided to all citizens. The Court also explained that any policy or law that contradicted constitutional principles was subject to judicial review. "Any law, policy or rule was subject to judicial review if it was manifestly inconsistent with the constitutional commands, retrogressive in nature, and discriminatory inter se the citizens," the order said. The ruling struck down previous orders, declaring that appointing a widow, widower, spouse, or child of a civil servant—who had passed away during service or become permanently disabled—under this quota scheme was "discriminatory and ultra vires to Articles 3, 4, 5(2), 18, 25(1), and 27 of the Constitution." However, the Court clarified that the decision did not affect appointments already made under the hereditary quota for current employees. Federal and provincial authorities were instructed to withdraw these laws, aligning them with the constitutional framework.
