Justice Gulzar Ahmed was hearing a discrimination case against the Sindh government on Monday
A Supreme Court judge thinks that meritocracy is murdered every time the Sindh police recruit a child of a martyred policeman.
A two-member bench, comprising Justice Gulzar Ahmed and Justice Munib Akhtar, heard a discrimination case against the Sindh government on Monday.
The Sindh Shaheed Recognition and Compensation Act 2014 allows the employment of at least two members of a martyred government official. A quota, known as the Shaheed quota, has been set too.
How will merit come into the Sindh police if such quotas continue to exist, asked Justice Ahmed while speaking to Sindh Advocate General Salman Talibuddin.
It makes no sense to recruit heirs because their family members died while serving the nation, the judge said. You can compensate them with a hefty amount but giving them employment is against the spirit of meritocracy, he added.
“The sons of martyred officers will take everyone’s jobs then,” said Justice Ahmed.
Petitioner Muhammad Ali Kamal has filed a case of discrimination against the government. He said that he was appointed as a DSP under the Shaheed quota but was then demoted to an inspector’s post.
Kamal wrote in his petition that he is an “eligible and fit candidate” for the appointment on the basis of the Shaheed quota. His father, Kamal Hussain Manghan (a former DSP) was martyred in a bomb blast on March 24, 2013.
He said that he has been discriminated against under Article 25 of the Constitution.
During the hearing, the judges raised questions about Kamal’s qualifications. His lawyer remarked that the issue would lead to another discussion.
Justice Akhtar pointed out that the right for this appointment doesn’t fall within the ambit of the Sindh government. This appointment has to made through the Public Service Commission, he said. “There are some posts over which the government does not have the authority to appoint anyone,” he remarked.
The court disposed of the case and the petitioner was asked to approach the relevant forum.