| Citation(s) |
|---|
| 2025 SLG 4835 2025 SLD 4835 = 2025 PLC 844 |
Supreme Court of Pakistan
C.P.L.A. No. 808 of 2023, decided on 16th April, 2025. (Against the order dated 21.12.2022 passed by the Lahore High Court, Bahawalpur in W.P. No. 5193/2017).
Present: Syed Mansoor Ali Shah and Aqeel Ahmed Abbasi, JJ
Hafiz S. A. Rehman, Senior Advocate Supreme Court for Petitioners. Nemo for
Respondent. Assisted by: Umer A. Ranjha, Judicial Law Clerk.
C.P.L.A. No. 808 of 2023, decided on 16th April, 2025. (Against the order dated 21.12.2022 passed by the Lahore High Court, Bahawalpur in W.P. No. 5193/2017).
Present: Syed Mansoor Ali Shah and Aqeel Ahmed Abbasi, JJ
Hafiz S. A. Rehman, Senior Advocate Supreme Court for Petitioners. Nemo for
Respondent. Assisted by: Umer A. Ranjha, Judicial Law Clerk.
The CHIEF COMMISSIONER REGIONAL TAX OFFICE, BAHAWALPUR and others
VERSUS
SHAHEEN YOUSAF
Law: Constitution of Pakistan, 1973
Section: 25(1),25(2)
Constitution of Pakistan-------Art. 25---Employment---Prime Minister's Assistance Package for the Families of Deceased Government Employees---Re-marriage of widow of deceased civil servant---Reinstatement in service---Respondent was appointed as a Lower Division Clerk, under Prime Minister's Assistance Package for the Families of Deceased Government Employees but later on her services were terminated on the ground of her remarriage---High Court reinstated the respondent in service--Validity---Constitution secures fundamental rights for individuals as equal citizens not as appendages of patriarchal roles or marital identities---Women are not defined by the men in their lives; they are autonomous and rights-bearing individuals--Denying a woman right to employment on the basis of her remarriage is a blatant reinforcement of patriarchal control, seeking to subordinate her legal identity to societal expectations---Financial independence is not a concession to women, it is the foundation of their Constitutional agency, dignity, and full participation in public life---Law must dismantle, not perpetuate, the structures that reduce women to secondary citizens in the eyes of society---Impugned office order was discriminatory as it singled out widows, the female spouses of deceased government employees for disqualification from compassionate employment upon remarriage, without imposing a corresponding restriction on widowers, notwithstanding the Prime Minister's Assistance Package which offered compassionate employment to both a widow and a widower---Gender-specific disqualification amounts to direct discrimination based on sex, contravening Articles 25(1) and 25(2) of the Constitution, which guarantee equality before law and prohibit discrimination on the basis of sex---Supreme Court declined to interfere in judgment passed by High Court, whereby respondent was reinstated in service---Petition for leave to appeal was dismissed and leave to appeal was refused.Zahida Parveen v. Government of Khyber Pakhtunkhwa C.P.L.A No. 566/2024 2025 SCP 107; Government of Khyber Pakhtunkhwa v. Syed Sadiq Shah 2021 SCMR 747; Federation of Pakistan v. Shuja Sharif 2023 SCMR 129; Hadayat…