The Supreme Court of Pakistan has revoked the dismissal of a woman married to her role as primary school teacher, dating that she has the right to employment under the quota of the deceased government employee.
A bank of two judges, led by Judge Mansoor Ali Shah and Judge Athar Minallah, issued a verdict written about an appeal presented by the woman, whose appointment had been rescued by an education officer Khyber Pakhtunkhwa in the Karak district. The officer’s decision had been taken without issuing a notice of display cause.
In the nine -page ruling, Judge Shah declared that the termination of the woman was based on a clarification letter that argued that married candidates with deceased government employees were not eligible for employment under the fee of the deceased. The letter, which the Court considered discriminatory, effectively excluded the married daughters of eligibility, although there was no restriction in rule 10 (4) of the relevant labor regulations.
Judge Shah declared that the legal rights and autonomy of a woman are not erased by marriage. “The personality of a woman does not depend on her marital status,” said the verdict, highlighting the discriminatory nature of the rule.
He stressed that the establishment department had no authority to issue clarifications that amend the rules, a power that belongs exclusively to the governor.
The judgment reinforced the constitutional rights of women, noting that the exclusion of married daughters violated not only the legal framework of Pakistan but also international obligations, including the United Nations Convention on the elimination of all forms of discrimination against women (CEDAW).
The Supreme Court also ordered the relevant department to restore women to their position, with all the previous benefits, and emphasized the importance of gender -sensitive language in judicial and administrative practices.
