ISLAMABAD: The Supreme Court of Pakistan has ruled that a married daughter is eligible for employment under the deceased government employee’s quota, overturning the decision to terminate her employment as a primary school teacher.
A two-member bench, including Justice Mansoor Ali Shah and Justice Athar Minallah, delivered the verdict on an appeal from a woman whose appointment had been rescinded by an education officer in Khyber Pakhtunkhwa’s Karak district. The officer had terminated her services without issuing a show cause notice, citing a clarification letter that stated married women were ineligible for benefits under the deceased son/daughter quota.
The written judgment, authored by Justice Shah, found the education officer’s decision discriminatory, asserting that a woman’s rights are not negated by her marital status. “A woman’s legal rights, her personhood, and her autonomy are not erased by marriage, nor should they be made contingent upon it,” the ruling stated.
The court further noted that the clarification issued by the Establishment Department violated Rule 10(4), which does not exclude married daughters. It pointed out that the rule allowed married sons to benefit under the same provision but unjustly restricted married daughters.
Justice Shah also emphasized that the Establishment Department had no authority under Section 26 of the Act to amend Rule 10(4), a power that rests solely with the governor. He affirmed that the Constitution guarantees rights to individuals, not dependent on marital status or social roles.
The ruling further stated that under Islamic jurisprudence, a woman retains control over her property, earnings, and financial matters, irrespective of her marital status. The court highlighted that the exclusion of married daughters from compassionate appointments violated Pakistan’s constitutional framework and international commitments, particularly under the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
In its judgment, the court reaffirmed the importance of gender-sensitive and neutral language in judicial and administrative actions and directed the concerned department to reinstate the petitioner with all previous benefits.
