The Supreme Court in Pakistan has overturned the dismissal of a married woman from her role as a primary school teacher, guiding that she has the right to employment in accordance with the deceased government’s quota.
A two-judge bench, led by Justice Mansoor Ali Shah and Justice At Har Minallah, handed down a written verdict on an appeal filed by the woman whose appointment had been canceled by a Khyber Pakhtunkhwa education manager in the Karak District. The officer’s decision was made without issuing a message of showing.
In the nine-page decision, Justice Shah declared that the woman’s resignation was based on a letter of clarification claiming that female candidates who were married to deceased government employees were not entitled to employment during the deceased’s quota. The letter, which the court considered discriminatory, effectively excluded married daughters from eligibility, despite the fact that there was no such limitation that existed in Rule 10 (2). 4 of the relevant employment provisions.
Justice Shah declared that a woman’s legal rights and autonomy are not deleted by marriage. “A woman’s personality is not contingent on her marital status,” the verdict said, highlighting the discriminatory nature of the rules.
He emphasized that the establishment department had no authority to issue clarifications that change rules, a power that belongs exclusively to the governor.
The judgment reinforced women’s constitutional rights and noted 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 of women (Cedaw).
The Supreme Court further ordered the relevant department to reintroduce the woman to her submissions with all prior advantages and emphasized the importance of gender -sensitive language in judicial and administrative practice.