Supreme Court of Pakistan has overturned the dismissal of a married woman from her role as a primary school teacher, ruling she is entitled to employment under the deceased government employee’s quota.
A two-judge bench, led by Justice Mansoor Ali Shah and Justice Athar Minallah, issued a written verdict on an appeal filed by the woman, whose appointment had been rescinded by a Khyber Pakhtunkhwa education officer in Karak district. The officer’s decision had been made without issuing a show-cause notice.
In the nine-page ruling, Justice Shah stated that the woman’s termination was based on a clarification letter which argued that female candidates married to deceased government employees were ineligible for employment under the deceased’s quota. The letter, which the court deemed discriminatory, effectively excluded married daughters from eligibility, despite no such restriction existing in Rule 10(4) of the relevant employment regulations.
Justice Shah declared that a woman’s legal rights and autonomy are not erased by marriage. “A woman’s personhood is not contingent upon her marital status,” the verdict stated, highlighting the discriminatory nature of the rule.
He emphasized that the Establishment Department had no authority to issue clarifications that amend rules, a power which belongs exclusively to the governor.
The judgment reinforced the constitutional rights of women, noting that the exclusion of married daughters violated not only Pakistan’s legal framework but also international obligations, including the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
The Supreme Court further directed the relevant department to reinstate the woman to her post, with all prior benefits, and stressed the importance of gender-sensitive language in judicial and administrative practices.
