Entitlement of Deceased Government Employees’ families to Automatic Employment under the Prime Minister’s Assistance Package (PMAP) for in-service deaths

The withdrawal is in compliance with a Supreme Court of Pakistan judgment dated 18th October 2024 in the case C.P. No. 3390/2021 (General Post Office, Islamabad & others vs Mr. Muhammad Jalal). This decision eliminates the entitlement of deceased government employees’ families to automatic employment under the Prime Minister’s Assistance Package (PMAP), specifically in cases of in-service deaths.The Prime Minister has approved this change, ensuring that employment under PMAP will no longer be available for in-service deaths from the date of judgment pronouncement. However, all other benefits under the package remain intact.

1. Martyrs and Terrorism Victims: The policy change does not apply to legal heirs of martyrs from law enforcement agencies and civil servants who died due to terrorist activities. These families will still be eligible for employment under PMAP.
2. Past Appointments: Appointments already made under this package will not be affected, meaning families who have already secured employment under PMAP will retain their positions.

Implementation and Instructions

All ministries and divisions have been directed to circulate these instructions to their subordinate departments and offices for immediate implementation.The Supreme Court judgment effectively nullifies the employment benefit under PMAP for government employees who die while in service, marking a significant shift in employment policies for deceased government servants’ families. The key considerations behind this decision likely include:

Legal and Constitutional Considerations

• Merit-based Recruitment: The Supreme Court may have ruled that such automatic employment provisions violate the principles of meritocracy and equal opportunity in public service.
• Judicial Scrutiny on Special Entitlements: The court may have considered whether PMAP’s employment provision constituted an unwarranted privilege, creating an unequal system where some families received undue preference over others.

Economic and Administrative Burden

• The government likely faced a fiscal strain in continuing such appointments, which may have led to inefficiencies in workforce planning.
• Ensuring fair hiring processes rather than automatic hiring aligns with broader public service reforms.

Impact on Government Employees’ Families

For families of deceased government employees, this ruling presents a significant challenge:

• Previously, children or spouses of deceased employees had a guaranteed employment pathway. With this policy revoked, they must now compete for government jobs like any other candidate.
• This will particularly affect lower-income families, where a government job was often a lifeline after the primary breadwinner’s death.

However, families of martyrs and terrorism victims retain the employment benefit, recognising the unique nature of their sacrifice.

• Government Employees’ Unions: There may be backlash from government employee unions, as many families depended on this provision for financial stability.
• Legal Challenges: Affected families might challenge this ruling in court, seeking reinstatement of the employment clause.
• Policy Revisions: The government may introduce alternative financial assistance mechanisms to compensate for the loss of this benefit.

The withdrawal of employment benefits under the Prime Minister’s Assistance Package marks a significant policy shift aimed at ensuring merit-based hiring and reducing administrative burdens. However, it also raises ethical and humanitarian concerns, particularly for families who relied on this provision for economic stability.The exemption for martyrs and terrorism victims reflects a continued recognition of extraordinary sacrifices but leaves open questions regarding future welfare policies for deceased civil servants’ families. This decision could reshape employment practices within Pakistan’s bureaucracy, influencing future policy debates on government employment entitlements.Analysis The recent withdrawal of the employment provision under the Prime Minister’s Assistance Package (PMAP) for families of deceased government employees has elicited significant discourse within Pakistan’s legal and public spheres. This policy shift, prompted by the Supreme Court’s judgment in Civil Petition No. 3390 of 2021, has been met with a spectrum of reactions, reflecting the complex interplay between constitutional principles and socio-economic considerations.

 In its judgment dated 18th October 2024, the Supreme Court declared that appointments without open advertisement, competition, and merit—specifically those favoring the widow, widower, spouse, or child of civil servants who die during service or become permanently disabled—are discriminatory and violate Articles 3, 4, 5(2), 18, 25(1), and 27 of the Constitution. The Court emphasized that public sector employment cannot be treated as hereditary, underscoring the necessity for merit-based recruitment to uphold fairness and equality.Public and Legal Community Reactions

The policy’s withdrawal has sparked diverse reactions:

• Support for Meritocracy: Proponents argue that the decision reinforces the principles of merit and equal opportunity in public service. They contend that automatic employment provisions can lead to inefficiencies and may perpetuate a culture of entitlement, which is antithetical to the ideals of a merit-based civil service.
• Concerns for Affected Families: Critics express concern for the families of deceased employees who previously relied on the assurance of government employment for financial stability. They argue that the sudden removal of this provision may leave vulnerable families without adequate support, particularly in the absence of alternative social safety nets.
• Legal Community’s Perspective: Within the legal fraternity, there is recognition of the constitutional basis for the Court’s decision. However, some legal experts highlight the need for a balanced approach that considers both constitutional mandates and the socio-economic realities faced by the families of deceased civil servants.

Government’s Implementation and ClarificationsFollowing the Supreme Court’s ruling, the Establishment Division issued an Office Memorandum on 7th February 2025, formalizing the withdrawal of the employment provision under PMAP for in-service deaths. The memorandum clarifies that:

• All other benefits under PMAP remain intact for the families of deceased civil servants.
• The withdrawal does not affect the provision of employment for the legal heirs of martyred personnel of law enforcement agencies or civil servants who die due to terrorist activities.
• Appointments already made under this provision prior to the judgment will not be affected.

All ministries and divisions have been directed to ensure the implementation of these instructions.

withdrawal of the employment provision raises important ethical and socio-economic questions:

• Equity vs. Equality: While the policy aims to promote equality through merit-based appointments, it may overlook the principle of equity, which considers the varying needs and circumstances of individuals. Families of deceased employees may require additional support to achieve a level playing field.
• Social Welfare Obligations: The decision prompts a re-examination of the state’s role in providing social welfare. If employment is no longer guaranteed, alternative measures—such as financial assistance, educational scholarships, or vocational training—may be necessary to support affected families.
• Public Perception and Trust: The policy change could influence public perception of the government’s commitment to its employees and their families. Transparent communication and the introduction of compensatory support mechanisms will be crucial in maintaining trust.

The Supreme Court’s decision to withdraw the employment provision under PMAP reflects a commitment to constitutional principles of merit and non-discrimination. However, it also highlights the need for a compassionate approach that addresses the legitimate concerns of affected families. As Pakistan navigates this policy shift, it will be essential to balance the imperatives of justice and fairness with empathy and support for those who have served the nation.