Supreme Court Declares Denial of Job to Married Daughter on Deceased Father’s Quota Unlawful and Discriminatory
Islamabad:The Supreme Court of Pakistan has declared the dismissal of a married daughter from her deceased father’s government job quota as illegal and discriminatory. The court emphasized that a woman’s identity, legal rights, and autonomy do not cease after marriage, and removing her from a job is a clear violation of both the Constitution and the law.
This landmark decision was penned by Justice Mansoor Ali Shah and spans nine pages. The court annulled the dismissal of Zahida Parveen, the petitioner, and ordered the reinstatement of her job along with all previous benefits.
The Supreme Court clarified that under the Khyber Pakhtunkhwa Civil Servants Rules 1989, all children of deceased government employees, including married daughters, are entitled to government employment. The court stated that any amendment to the rules through a clarifying memo issued by a section officer was not only illegal but also contrary to constitutional values.
The judgment stated that depriving married daughters of employment on their father’s quota amounts to discriminatory treatment, which violates Articles 14 (Human Dignity), 25 (Equality of Rights), and 27 (Protection from Discrimination in Employment) of the Constitution.
The court further emphasized that a woman’s legal and financial autonomy is a fundamental right and cannot be contingent on marriage. It highlighted that Islam grants women full control over their income, property, and financial affairs. Pakistan’s ratification of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) prohibits the denial of employment rights based on marital status.
The Supreme Court also called for the elimination of administrative practices and traditions that deprive women of their public and legal rights based on marriage. It urged courts and administrative bodies to adopt gender-sensitive and neutral language in their decisions, criticizing terms like “a married daughter becomes a burden on her husband” as reflective of patriarchal thinking that goes against constitutional values.
According to the court’s ruling, Zahida Parveen was appointed as a Primary Teacher at the Government Girls Primary School in Karak, Khyber Pakhtunkhwa, on March 17, 2023, under her deceased father’s quota. This appointment was made under Rule 10(4), but just two months later, on May 15, 2023, the District Education Officer canceled the appointment without any show-cause notice.
The decision was based on a circular issued on February 21, 2020, which stated that married daughters are not entitled to employment under their father’s quota. Subsequently, a further clarification was issued on April 28, 2023, stating that a married daughter could only be eligible if she was separated from her husband and depended on her parents.
Zahida Parveen filed an appeal against this decision within the department, and when no response was received, she approached the Khyber Pakhtunkhwa Service Tribunal in Peshawar, which rejected her appeal on June 3, 2024. She then approached the Supreme Court, where she received justice.
This Supreme Court ruling is seen as a significant milestone in the protection of women’s rights and gender equality. The court reiterated that eliminating discriminatory practices against women is an constitutional duty, and the state must ensure equal opportunities for all citizens, regardless of gender.
