| Citation(s) |
|---|
| 2026 SLG 198 2026 SLD 198 = 2026 PLD 1 |
Supreme Court of Pakistan
Civil Petition No. 651 of 2025, decided on 17th June, 2025. (Against the judgment dated 28.01.2025 passed by the Islamabad High Court, Islamabad in C.M.A. No. 409 of 2024).
Presented By: Present: Syed Mansoor Ali Shah and Aqeel Ahmed Abbasi, JJ
Rashideen Nawaz Kasuri, Addl. A.G.P. along with Haroon Rasheed, Director FPSC, Sana Ullah Islam, J.S, Establishment Division, Government of Pakistan and Masroor Hussain, D.S, Establishment Division, Government of Pakistan for Petitioner. Barrister M. Saad Umer Buttar, Advocate Supreme Court along with Moiz Gul and Ms. Maheen Junaid, Advocates for
Respondents. Ms. Asma Hamid, Advocate Supreme Court, Amicus Curiae. Assisted by: Umer A. Ranjha, Judicial Law Clerk and Ms. Uzma Zahoor Civil Judge/Research Officer, Supreme Court of Pakistan.
Civil Petition No. 651 of 2025, decided on 17th June, 2025. (Against the judgment dated 28.01.2025 passed by the Islamabad High Court, Islamabad in C.M.A. No. 409 of 2024).
Presented By: Present: Syed Mansoor Ali Shah and Aqeel Ahmed Abbasi, JJ
Rashideen Nawaz Kasuri, Addl. A.G.P. along with Haroon Rasheed, Director FPSC, Sana Ullah Islam, J.S, Establishment Division, Government of Pakistan and Masroor Hussain, D.S, Establishment Division, Government of Pakistan for Petitioner. Barrister M. Saad Umer Buttar, Advocate Supreme Court along with Moiz Gul and Ms. Maheen Junaid, Advocates for
Respondents. Ms. Asma Hamid, Advocate Supreme Court, Amicus Curiae. Assisted by: Umer A. Ranjha, Judicial Law Clerk and Ms. Uzma Zahoor Civil Judge/Research Officer, Supreme Court of Pakistan.
FEDERAL PUBLIC SERVICE COMMISSION, through Chairman, Islamabad---Petitioner
VERSUS
Dr. SHUMAILA NAEEM and others---Respondents
Law: Federal Public Service Commission Ordinance, 1977
Section: XLV,7(3)(d)
Law: Pakistan Citizenship Act, 1951
Section: II,17
Law: Succession Act, 1925
Section: XXXIX,II
Law: Civil Service Regulations, 1960
Section: 310A
Law: Constitution of Pakistan, 1973
Section: 176
(a) Federal Public Service Commission Ordinance (XLV of 1977)-------S. 7(3)(d)---Pakistan Citizenship Act (II of 1951), S. 17---Succession Act (XXXIX of 1925), Part-II---Civil Service Regulations, Vol-I, R. 310-A, Schedule--Domicile after marriage---Scope---Authorities were aggrieved of acceptance of candidature of respondent for post in question on the basis of domicile of her husband---Validity---Theories of domicile span several disciplines law, human geography, and residential mobility, each highlighting how one s place of habitual residence affects jurisdiction, migration patterns, and settlement dynamics--Domicile must always be interpreted in light of underlying purpose it is meant to serve---In Pakistan, concept of domicile is recognized in Part II of Succession Act, 1925 and section 17 of Pakistan Citizenship Act, 1951 and Schedule to Rule 310-A of Civil Service Regulations, Volume I---Such provisions acknowledge changes of domicile through dependence, voluntary relocation, choice, or marriage--Procedural framework for obtaining, modifying, renewing, or cancelling domicile is outlined in the Pakistan Citizenship Rules, 1952---For civil servants, the applicable domicile regime is set out in the Schedule to Rule 310-A of Civil Service Regulation, Volume I, which explicitly recognizes change of domicile through marriage and other modes, and affirms that the domicile of a married woman ordinarily follows that of her husband---Supreme Court set aside orders of FPSC whereby respondent s candidature was rejected---Supreme Court directed FPSC to consider the case of respondent for appointment for post in question as the same was lying vacant, on the basis of her Balochistan domicile strictly in accordance with law and after complying with all codal formalities---Appeal was dismissed.A. Rahim Foods (Pvt.) v. K & N's Foods (Pvt.) PLD 2023 SC 516; Wafaqi Mohtasib v. SNGPL PLD 2020 SC 586; Dr. Riffat Kamal v. Federation of Pakistan 2015 SCMR 847; Officer Incharge Army Housing v. Federation of Pakistan PLD 2024 SC 576; Rasheed Ahmad v. Federation of Pakistan PLD 2017 SC 121; Sindh Irrigation and Drainage Authority v. Government of Sindh 2022 SCMR 595; Muhammad…